DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
2. According to the Preliminary Amendment, filed 15 October 2024, the status of the claims is as follows:
Claims 15-28 are new; and
Claims 1-14 are cancelled.
Claim Interpretation
3. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
4. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
5. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“a pressure management unit” in claim 15, which is directed to “a pump or pressure sensor” (see para. [0021] of the Specification, filed 15 October 2025) or “a pressure sensor connected to one of the two pneumatic connectors, a pump connected to the other of the two pneumatic connectors, and a control unit for acquiring signals from the pressure sensor and for controlling the pump” (see para. [0025]);
“a processing unit” in claim 16, which is directed to “in a general way to a processing device, which can for example include a computer, a microprocessor, an integrated circuit, or a programmable logic device (PLD)” (see para. [0037]); and
“a control unit” in claim 25, in which “The processing unit and the control unit functions may be performed by the same electronic component or by several different electronic components.” (see para. [0096]).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
6. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
7. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
8. Claims 16-28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang et al., U.S. Patent Application Publication No. 2020/0214578 A1 (“Zhang”).
As to Claim 15, Zhang teaches the following:
A wearable blood pressure monitoring device (“cuff-type monitoring device”) 10 (see “A cuff-type monitoring device, for collecting cardiovascular data relating to an individual user, comprising a control unit housing including a pump, a cuff assembly including a resilient cuff holder and an interface member arranged at the control unit housing, provided integral with the control unit housing or as a separate part, wherein there is provided at least a pneumatic coupling and an electrical coupling through the interface member, for coupling the cuff assembly to the control unit housing, wherein the resilient cuff holder comprises two retaining members, the interface member comprising two complementary retaining members, configured to be snap-fit with the retaining members, and assembly method to assemble the device.” in Abstract) comprising:
a cuff (“cuff assembly”) 18 configured to be worn around a limb of a user, said cuff 18 extending along a longitudinal direction (see “The monitoring device 10 comprises a cuff assembly 18 wrapped around the arm BG, a control unit housing 7.” in para. [0061]);
an inflatable compartment (“inflatable bladder”) 2 located in the cuff and configured to be inflated or deflated (see “As shown at FIGS. 3 to 5, the cuff assembly 18 comprises, from an innermost item to an outermost item, at least the following components: [0069] an inner layer, denoted 1, [0070] an inflatable bladder, denoted 2, [0071] a cuff holder, denoted 3, [0072] an intermediate sheet, denoted 4, [0073] an outer band, denoted 5.” in para. [0068]); and
a casing (“control unit housing”) 7 connected to the cuff 18 and comprising a pressure management unit (“pneumatic unit”) 9 configured to inflate or deflate the inflatable compartment 2 and measure a pressure therein (see “As apparent from FIG. 10, the control unit housing 7 comprises a pneumatic unit 9.” in para. [0101]; and see “The pneumatic unit 9 comprises the already mentioned pump 72 driven by an electrical motor 97, a discharge valve 96, a check valve 98, and a pressure sensor 95.” in para. [0104]),
wherein the inflatable compartment 2 has a wall (“resilient cuff holder”) 3 transversal (“transverse axis”) W to the longitudinal direction (“longitudinal direction”) L and the casing 7 has a lateral wall (“interface member”) 6 transversal W to the longitudinal direction L comprising at least one hole (“two through holes 64a,64b”) 64 (see “… two through holes 64a,64b for pneumatic fluid piping/coupling.” in para. [0113]), the wearable blood pressure monitoring device 10 further comprising at least one pneumatic connector (“fluid ports”) 99, 199 extending parallel to the longitudinal direction between the wall 3 of the inflatable compartment 2 and the hole of the lateral wall 6 of the casing 7 to connect the inflatable compartment 2 to the pressure management unit 9 (see “The resilient cuff holder 3 comprises two through-holes 37, configured to let a suitable passage for the fluid ports 99,199 of the inflatable bladder.” in para. [0086]).
As to Claim 16, Zhang teaches the following:
wherein the casing 7 houses a processing unit (“electronic controller”) 75 and at least one sensor (“pressure sensor”) 95 configured to measure a physiological parameter of the user (see “The control unit housing 7 comprises an electronic controller 75 configured to control the pneumatic unit and to determine at least the arterial pressure of the user,” in para. [0102]; and see “The pneumatic unit 9 comprises the already mentioned pump 72 driven by an electrical motor 97, a discharge valve 96, a check valve 98, and a pressure sensor 95.” in para. [00104]), and wherein the cuff 18 comprises a bottom side (“internal wall”) 86 configured to face the limb of the user (see “The cuff assembly 18 has an internal wall denoted 86 intended to contact the arm's skin (or light clothing) and to press against the arm.” in para. [0133]) and the casing 7 has a bottom wall (“second face”) 6B extending transversally to the lateral wall 6 (see “The interface member 6 exhibits a first face 6A oriented towards the control unit housing 7 and a second face 6B oriented towards the cuff assembly.” in para. [0120]), the casing 7 being attached to the cuff 18 such that at least a part of the bottom wall 6B of the casing 7 is flush with the bottom side 86 of the cuff 18 so as to be in contact with the limb of the user when the wearable blood pressure monitoring device 10 is worn (see figs. 3 and 9).
As to Claim 17, Zhang teaches the following:
wherein casing 7 comprises first and second lateral walls facing each other and connected to each other by the bottom wall 6B, and the cuff 18 extends in the longitudinal direction L from an attachment edge connected to the first lateral wall 6 of the casing 7, the second lateral wall of the casing 7 being configured to secure a part of the cuff 18 distant from the attachment edge in the longitudinal direction L (see fig. 5).
As to Claim 18, Zhang teaches the following:
wherein the bottom wall 6B has an aperture and said at least one sensor comprises an optical sensor (“acoustic sensor”) 90 arranged in the casing 7 in correspondence with the aperture so as to acquire a signal representative of blood pulse features at the limb of the user (see “In use configuration, the acoustic sensor 90 is located against the chest, i.e. the left side of chest. Sound waves 4H emitted by the heart are sensed by a sensitive portion 91 of the acoustic sensor 90 the sensitive portion 91 bearing on the left-side chest, i.e. adjacent to the chest. Acoustic waves 4H are converted into electrical signals per se thus not detailed here. It should be noted that acoustic waves 4H can be sensed without trouble through a light clothing, an underwear or the like.” in para. [0134]).
As to Claim 19, Zhang teaches the following:
wherein the bottom wall 6B comprises a protrusion configured to house the optical sensor (“acoustic sensor”) 90, the aperture being arranged in the protrusion (see fig. 5).
As to Claim 20, Zhang teaches the following:
wherein the processing unit 75 is configured to calculate a blood pressure of the user (see “The control unit housing 7 comprises an electronic controller 75 configured to control the pneumatic unit and to determine at least the arterial pressure of the user,” in para. [0102]).
As to Claim 21, Zhang teaches the following:
wherein said at least one sensor comprises at least one of: an accelerometer, a gyroscope, at least one electrode, an ultrasound sensor, a tomographic sensor, an acoustic sensor (“acoustic sensor”) 90, a magnetometer, a humidity sensor, a temperature sensor, and a heat-flux sensor (see “In use configuration, the acoustic sensor 90 is located against the chest, i.e. the left side of chest. Sound waves 4H emitted by the heart are sensed by a sensitive portion 91 of the acoustic sensor 90 the sensitive portion 91 bearing on the left-side chest, i.e. adjacent to the chest. Acoustic waves 4H are converted into electrical signals per se thus not detailed here. It should be noted that acoustic waves 4H can be sensed without trouble through a light clothing, an underwear or the like.” in para. [0134]).
As to Claim 22, Zhang teaches the following:
wherein the pneumatic connector 3 has a retainer (“two retaining members”) 38 cooperating with the hole 64 so as to secure the inflatable compartment 2 to the casing 7 (see “The resilient cuff holder 3 comprises two retaining members 38 at the first longitudinal end 35. In the shown example, the retaining members are formed as hooks, arranged in symmetry with regard to a median plane Tm (cf FIG. 6)” in para. [0084]; and see fig. 9).
As to Claim 23, Zhang teaches the following:
wherein the wall 6B of the inflatable compartment 2 faces the lateral wall 6 of the casing 7 (see figs. 3 and 9).
As to Claim 24, Zhang teaches the following:
wherein the inflatable compartment 2 comprises two pneumatic connectors (“fluid ports”) 99, 199 spaced apart in a transversal direction W and the casing 7 comprises two corresponding holes (“two through holes”) 64a, 64b (see fig. 9).
As to Claim 25, Zhang teaches the following:
wherein the pressure management unit 9 comprises a pressure sensor (“pressure sensor”) 95 connected to one of the two pneumatic connectors (“fluid ports”) 99, 199, a pump (“pump”) 72 connected to the other of the two pneumatic connectors (“fluid ports”) 99, 199, and a control unit (“electronic controller”) 75 for acquiring signals from the pressure sensor 95 and for controlling the pump 72 (see para. [0102]-[0104]).
As to Claim 26, Zhang teaches the following:
wherein the inflatable compartment 2 is made from a single sheet of material bent back on itself and bonded along its edges, the at least one pneumatic connector (“fluid ports”) 99, 199 being located near or on a folding line of said sheet (see “The inflatable bladder 2 is made from two sheets 2A,2B of plastic material (for instance PVC, TPU, PA, etc.) arranged one atop another in a main plane and are welded together at their peripheral border.” in para. [0076]).
As to Claim 27, Zhang teaches the following:
wherein the cuff 18 comprises two layers (“inner layer 1” and “outer band 5”) of material bonded together along their edges so as to form an internal volume housing the inflatable compartment 2 and the casing 7 (see “There is provided a border joint at least on three sides on a peripheral border of the inflatable bladder, the border joint joining and securing together the inner layer 1 (optionally), the inflatable bladder 2, the intermediate sheet 4, and the outer band 5.” in para. [0096]).
As to Claim 28, Zhang teaches the following:
A method of monitoring blood pressure of a user (see “The present disclosure relates to devices for analysing cardiovascular parameters of an individual. More particularly, it relates to a multifunction cuff-type monitoring device for monitoring cardiovascular parameters of such individual.” in para. [0002]) comprising:
providing the wearable blood pressure monitoring device 10 according to claim 15 (see grounds for rejection for claim 15 above), attaching said device 10 to a limb of the user, and obtaining a blood pressure of the user using said device 10 (see “FIG. 1 shows an individual (also ‘user’) U in a configuration where he/she is using a monitoring device according to the present disclosure. The device (otherwise called “apparatus”) is a brachial blood pressure sensing device (named Blood Pressure Monitor i.e. in short “BP Monitor”), the device exhibiting extended functionalities as will be apparent below, so that the device can be called ‘upgraded BP Monitor’.” in para. [0055]).
Conclusion
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to NAVIN NATNITHITHADHA whose telephone number is (571)272-4732. The examiner can normally be reached Monday - Friday 8:00 am - 8:00 am - 4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason M Sims can be reached at 571-272-7540. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NAVIN NATNITHITHADHA/Primary Examiner, Art Unit 3791 06/23/2026
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