DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claims 1-12 are objected to because of the following informalities:
Claims 1-12 recite element numbers for each structure, these element numbers should be removed
. Appropriate correction is required.
Claim Interpretation
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.
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.
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 guiding structure” in claim 1; “one or more maintaining elements” in claims 1, & 3 (interpreted as being a printed cardboard (PCB) [0021]); and “elastic components” in claims 1-7 (interpreted as being “a leaf spring, spiral spring, & a layer of an elastic material” [0017-0019]).
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 § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-12 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Claim 1 recites “a guiding structure, configured to direct the light signal toward the photoacoustic cell” which is not described in the specification in such a way as to enable one skilled in the art to make and/or use the invention. The exact structure of the guiding structure is recited highly broadly as only being a generic “guiding” component.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-14 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "said guiding element" in Lines 15-16. There is insufficient antecedent basis for this limitation in the claim. For the purposes of this examination it is interpreted as being the guiding structure.
Claim 1 recites “detect a generated signal, where the generated signal is generated in the photoacoustic cell by a photothermic effect in the medium in response to an irradiation of the medium by the light signal” which renders the claim unclear. It is unclear whether the signal is generated in the photoacoustic cell or in the medium.
Claim 3 recites the limitation “a printed cardboard” which renders the claim unclear. It is unclear how all the claimed electronics are placed on cardboard. For the purposes of this examination it is interpreted as being a printed circuit board.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-2, 4-10, & 12 iare rejected under 35 U.S.C. 103 as being unpatentable over Chou (US5941821A) in view of Pesach et al (US20060258939A1; hereinafter referred to as Pesach) and further in view of Rouxel et al (US20160356700A1; hereinafter referred to as Rouxel).
Regarding Claim 1, Chou discloses a photoacoustic detecting device for measuring a
parameter of interest in a medium comprising (“Referring to FIG. 1, a noninvasive photoacoustic System 10 for measuring a concentration of a Sample is illustrated.” [Pg. 8 Col. 4 Lines 16-17]):
a light source, configured to emit a light signal (“Referring to FIG. 1, the excitation source 12 may be a plurality of laser diodes. A laser diode is generally preferable due to its compact size and low cost.” [Pg. 10 Col. 7 Lines 10-12]),
a photoacoustic cell comprising a hollow contact surface intended to be in contact with the medium (“The measuring and reference cells 26 and 28 are prefer ably air cells which are closely-spaced to one another, typically having their outer rims positioned within 1 mm to 1 cm from each other, far enough apart Such that radiation will not diffuse from one cell to the other. The ends 40 and 42 of the measuring and reference cells 26 and 28, respectively, are formed by the Surface 24 of a body part. The rims of the cells 26 and 28 are preferably pressed to the body Surface 24 to form Substantially Sealed Spaces within each respective cell 26 and 28. The differential cells 26 and 28 prevent overloading of the lock-in amplifier 18 from bodily noise, typically generated from muscle Spasms and/or pulsative bloodflow through Subcutaneous vessels. Each cell 26 and 28 has its acoustic outlet 40 and 42, respectively, connected with a Sound port of the differential microphone 32 which measures the difference in acoustic response from the two closely-spaced cells 26 and 28 as they are pressed against the body Surface 24. A photoacoustic Signal is generated in the measuring cell 26 by irradiation of the body Surface 24. In operation, the measuring cell 26 is thus, upon irradiation of the body Surface 24, positioned over a laser irradiated body surface 46 and the reference cell 28 is positioned over a non-laser irradiated body Surface 48.” [Pg. 9 Col. 5 Lines 21-43]),
where the light signal is able to propagate in the photoacoustic cell and pass through the hollow contact surface to reach the medium (“the acoustic energy is detected by the probe 16 which includes a measuring cell 26, reference cell 28, window 30 and differential microphone 32. An acoustic wave is generated in the measuring cell 26 by heat transfer from the thin layer of irradiated tissue 24. In particular, the output of the radiation is coupled through the transmission device 22, Such as a fiber-optic bundle, which irradiates a Sample, Such as tissue. Absorption of the light beam results in periodic heating of the tissue, at and near the tissue Surface 24. The radiation is focused on the tissue surface through the window 30 of the measuring cell 26.” [Pg. 8 Col. 4 Lines 57-67]),
a guiding structure, configured to direct the light signal toward the photoacoustic cell (“the acoustic energy is detected by the probe 16 which includes a measuring cell 26, reference cell 28, window 30 and differential microphone 32. An acoustic wave is generated in the measuring cell 26 by heat transfer from the thin layer of irradiated tissue 24. In particular, the output of the radiation is coupled through the transmission device 22, Such as a fiber-optic bundle, which irradiates a Sample, Such as tissue. Absorption of the light beam results in periodic heating of the tissue, at and near the tissue Surface 24. The radiation is focused on the tissue surface through the window 30 of the measuring cell 26.” [Pg. 8 Col. 4 Lines 57-67], “The transmission device 22 is not limited to a fiber optic bundle, but rather may be any waveguide which enables the electromagnetic radiation generated by the excitation Source 12 to be reliably transmitted to the body Surface 24.” [Pg. 10 Col. 7 Lines 23-26]),
a transducer assembled to the photoacoustic cell and configured to detect a generated signal, where the generated signal is generated in the photoacoustic cell by a photothermic effect in the medium in response to an irradiation of the medium by the light signal (“the acoustic energy is detected by the probe 16 which includes a measuring cell 26, reference cell 28, window 30 and differential microphone 32. An acoustic wave is generated in the measuring cell 26 by heat transfer from the thin layer of irradiated tissue 24. In particular, the output of the radiation is coupled through the transmission device 22, Such as a fiber-optic bundle, which irradiates a Sample, Such as tissue. Absorption of the light beam results in periodic heating of the tissue, at and near the tissue Surface 24. The radiation is focused on the tissue surface through the window 30 of the measuring cell 26.” [Pg. 8 Col. 4 Lines 57-67], “irradiating a portion of said first medium by heat-diffusion to generate acoustic energy propagating in a second medium over a Surface of Said first medium in response to Said irradiation; detecting said acoustic energy and providing an acoustic Signal in response to said acoustic energy by converting said acoustic energy to said acoustic signal utilizing a device disposed externally of said first medium and in contact relation with said Second medium for detecting said acoustic energy and differentiating said acoustic Signal from background Signals, and determining the concentration of Said component in response to said acoustic Signal and characteristics of said component.” [Pg. 11 Col. 9 Lines 66-67 - Col. 10 Lines 1-12]).
Chou does not specifically disclose a housing formed by a baseplate and a cover; one or more maintaining elements configured to assemble the light source, the transducer, the photoacoustic cell and said guiding element in a single building block; said single building block is provided in the housing such that the hollow contact surface of the photoacoustic cell emerges out of an aperture of the baseplate, wherein the single building block is freely received in the housing, and in that the detecting device comprises elastic components, configured to elastically deform under the effect of a movement of the single building block relatively to the housing.
However, in a similar field of endeavor, Pesach teaches an apparatus for assaying an analyte of blood in a patient's blood vessel [Abstract].
Pesach also teaches a housing formed by a baseplate and a cover; said single building block is provided in the housing such that the hollow contact surface of the photoacoustic cell emerges out of an aperture of the baseplate (“the frame comprises a panel that connects the sides and which intervenes between the sensor unit and the skin when the sensor unit is mounted in the receiving region. Optionally, the panel is flexible. Additionally or alternatively, the panel is substantially transparent to light provided by the at least one light source. Optionally, the panel is a relatively good conductor of sound” [0035], “ comprises a mounting module having a “closed” frame in which a panel, a “bottom panel”, connects the sides of the frame. The bottom panel is formed from a material that is a relatively good acoustic conductor and is substantially transparent to light provided by a light source comprised in a sensor pack used with the mounting module. The mounting module is optionally attached to a region of skin by adhering the bottom panel to the skin using an acoustically and optically transparent adhesive that reduces optical and acoustic impedance mismatch between the panel and the skin. When a sensor pack used with the mounting module is mounted to the mounting module, the sensor pack's at least one light source and at least one acoustic transducer do not contact the skin but contact instead the bottom panel.” [0102]),
wherein the single building block is freely received in the housing (“the light source and acoustic transducers in sensor pack 124 might be mounted in a unit that fits into a well in the bottom surface 154 (FIG. 3B) of the sensor pack. The unit is free to move up and down in the well and a pressure screw mounted in the sensor pack is operable to apply a force that tends to push the unit out of the well.” [0100]),
and in that the detecting device comprises elastic components, configured to elastically deform under the effect of a movement of the single building block relatively to the housing (“the frame comprises at least one elastic element that exerts a resilient force on the sensor unit substantially parallel to the plane of the frame to maintain the sensor unit securely in position in the frame. Optionally, the apparatus comprises at least one set screw having a position that limits motion of the sensor unit in a direction that the resilient force operates to move the sensor unit. Optionally, the set screw is mounted in the frame. Additionally or alternatively, the position of the set screw is adjustable manually” [0038], “the present invention rather than press on sensor pack 24, pressure screw 84 presses on an elastic element sandwiched between the pressure screw and the sensor pack. When the pressure screw is rotated to move the pressure screw towards or away from sensor pack 24, the elastic element compresses or expands respectively. An amount of pressure that the elastic element exerts on sensor pack 24 increases as the elastic body compresses and decreases as the elastic body expands.” [0067]).
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Chou as outlined above with a housing formed by a baseplate and a cover; said single building block is provided in the housing such that the hollow contact surface of the photoacoustic cell emerges out of an aperture of the baseplate, wherein the single building block is freely received in the housing, and in that the detecting device comprises elastic components, configured to elastically deform under the effect of a movement of the single building block relatively to the housing as taught by Pesach, because it reduces the pressure exerted on the skin of the patient during operation of the device [0018].
Chou in view Pesach does not specifically teach one or more maintaining elements configured to assemble the light source, the transducer, the photoacoustic cell and said guiding element in a single building block.
However, in a similar field of endeavor, Rouxel discloses miniaturized photoacoustic detection devices, and notably that of miniaturized gas sensors making use of a photoacoustic effect for measuring [0001].
Rouxel also teaches one or more maintaining elements configured to assemble the light source, the transducer, the photoacoustic cell and said guiding element in a single building block (“The photoacoustic cell 106 of the device 100 comprises elements corresponding to cavities, or hollowings out, which are: a first chamber 110 in which the gas to detect is intended to be excited by the light beam emitted by the source 102, and of which an input face 109 intended to receive the light beam is optically coupled to the output face 107 of the photonic circuit 104 (due to the fact that the faces 107 and 109 are parallel with each other and are arranged against each other when the first photonic circuit 104 is inserted in the first housing 108 a second chamber 112; two capillaries 114 and 116 making it possible to make the volumes of the chambers 110 and 112 communicate together.” [0061-0064], “The device 100 also comprises acoustic detectors 122, 124 such as miniaturized piezoresistive microphones, for example of resonant beam type, or capacitive microphones of vibrating membrane type, are also coupled to the chambers 110, 112 in order to carry out pressure measurements in the chambers 110, 112. Each of the chambers 110, 112 may be coupled to one or more microphones, for example up to eight microphones per chamber. The acoustic detectors 122, 124 are arranged in locations 132, 134 (not visible in FIG. 1) formed in the photoacoustic cell 106 and enabling the acoustic coupling of the detectors 122, 124 to the chambers 110, 112 of the cell 106 as well as the mechanical support of these detectors 122, 124 on the cell 106. [0070], “The cell 106 is here fastened on a frame, for example made of metal such as aluminum or brass, which is mechanically and thermally decoupled from the light source 102, which makes it possible to manage thermally the cell 106 independently of the light source 102. “ [0075]).
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Chou in view of Pesach as outlined above with one or more maintaining elements configured to assemble the light source, the transducer, the photoacoustic cell and said guiding element in a single building block as taught by Rouxel, because this miniaturization makes it possible to have a stronger pressure signal produced by the sensor due to the fact that this signal increases when the size of the resonator is reduced [0008].
Regarding Claim 2, Chou discloses all limitations noted above except that elastic components comprise at least one elastic element being in contact with an interior surface of the cover and the single building block.
However, in a similar field of endeavor, Pesach teaches that elastic components comprise at least one elastic element being in contact with an interior surface of the cover and the single building block (“In some embodiments of the present invention rather than press on sensor pack 24, pressure screw 84 presses on an elastic element sandwiched between the pressure screw and the sensor pack. When the pressure screw is rotated to move the pressure screw towards or away from sensor pack 24, the elastic element compresses or expands respectively. An amount of pressure that the elastic element exerts on sensor pack 24 increases as the elastic body compresses and decreases as the elastic body expands.” [0067]).
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Chou as outlined above with elastic components comprise at least one elastic element being in contact with an interior surface of the cover and the single building block as taught by Pesach, because it reduces the pressure exerted on the skin of the patient during operation of the device [0018].
Regarding Claim 4, Chou discloses all limitations noted above except that the at least one elastic element comprises a leaf spring.
However, in a similar field of endeavor, Pesach teaches that the at least one elastic element comprises a leaf spring (“Optionally an elastic element, such as a suitable rubber disk or a leaf spring, represented by a spring 210 mounted to an actuator pack 212 resiliently presses sensor pack 24 to bottom panel 202.” [0105]).
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Chou as outlined above the at least one elastic element comprises a leaf spring as taught by Pesach, because it reduces the pressure exerted on the skin of the patient during operation of the device [0018].
Regarding Claim 5, Chou discloses all limitations noted above except that the at least one elastic element comprises a spiral spring received in a spring guide.
However, in a similar field of endeavor, Pesach teaches that the at least one elastic element comprises a spiral spring received in a spring guide (“Mounting module 122 shown in FIG. 3A comprises a U shaped frame 126 having two arms 128 and a bottom bar 130. Mounting frame is attached to flexible mounting skirts 132 having an adhesive layer for attaching the mounting module to the skin of a patient. Each arm 128 is formed with a groove 132 and a slot 134. A spring-loaded “push pin” 136 having an angled face 138 is mounted in each arm 128 using any of various techniques and devices known in the art and protrudes into each slot 134. A spring 140 that “spring-loads” push pin 136 is schematically for one of arms 128 and a portion of the push pin, which is located inside the arm in a suitable hole (not shown) formed in the arm is shown in dashed lines. Operation of push pins 136 and grooves 132 is discussed below.” [0094]).
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Chou as outlined above with the at least one elastic element comprises a spiral spring received in a spring guide as taught by Pesach, because it reduces the pressure exerted on the skin of the patient during operation of the device [0018].
Regarding Claim 6, Chou discloses all limitations noted above except that the at least one elastic element comprises a layer of an elastic material.
However, in a similar field of endeavor, Pesach teaches that the at least one elastic element comprises a layer of an elastic material (“Optionally an elastic element, such as a suitable rubber disk or a leaf spring, represented by a spring 210 mounted to an actuator pack 212 resiliently presses sensor pack 24 to bottom panel 202.” [0105]).
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Chou as outlined above with the at least one elastic element comprises a layer of an elastic material as taught by Pesach, because it reduces the pressure exerted on the skin of the patient during operation of the device [0018].
Regarding Claim 7, Chou discloses all limitations noted above except that the elastic components comprise a layer of an elastic material provided between an interior surface of the baseplate and the single building block.
However, in a similar field of endeavor, Pesach teaches that the elastic components comprise a layer of an elastic material provided between an interior surface of the baseplate and the single building block (“the sensor pack is optically and acoustically coupled to the bottom panel using a suitably optically transparent and relatively low viscosity medium, such as an appropriate gel or oil, that is also a good acoustic conductor. The viscosity of the medium should be low enough so that the sensor pack can readily be moved on the bottom panel of the mounting module to adjust the sensor pack's position relative to the module's closed frame.” [0103]).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Chou as outlined above with the elastic components comprise a layer of an elastic material provided between an interior surface of the baseplate and the single building block as taught by Pesach, because it reduces the pressure exerted on the skin of the patient during operation of the device [0018].
Regarding Claim 8, Chou discloses all limitations noted above except that the layer of elastic material is configured to elastically deform according to an elongation and a compression.
However, in a similar field of endeavor, Pesach teaches that the layer of elastic material is configured to elastically deform according to an elongation and a compression (“the sensor pack is optically and acoustically coupled to the bottom panel using a suitably optically transparent and relatively low viscosity medium, such as an appropriate gel or oil, that is also a good acoustic conductor. The viscosity of the medium should be low enough so that the sensor pack can readily be moved on the bottom panel of the mounting module to adjust the sensor pack's position relative to the module's closed frame.” [0103], Glucometer 200 is shown attached to a region of skin 100 of a patient by a layer of adhesive schematically represented by a shaded region 206. A coupling gel schematically represented by a shaded region 208 optically and acoustically couples sensor pack 24, which comprises at least one light source 58 and at least one acoustic transducer 56, to bottom panel 202. Optionally an elastic element, such as a suitable rubber disk or a leaf spring, represented by a spring 210 mounted to an actuator pack 212 resiliently presses sensor pack 24 to bottom panel 202.” [0105]).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Chou as outlined above with the layer of elastic material is configured to elastically deform according to an elongation and a compression as taught by Pesach, because it reduces the pressure exerted on the skin of the patient during operation of the device [0018].
Regarding Claim 9, Chou discloses all limitations noted above except that the layer of elastic material is placed between the interior surface of the baseplate and the light source, said elastic material being configured to conduct heat emitted by the medium to the light source.
However, in a similar field of endeavor, Pesach teaches that the layer of elastic material is placed between the interior surface of the baseplate and the light source, said elastic material being configured to conduct heat emitted by the medium to the light source (“the sensor pack is optically and acoustically coupled to the bottom panel using a suitably optically transparent and relatively low viscosity medium, such as an appropriate gel or oil, that is also a good acoustic conductor. The viscosity of the medium should be low enough so that the sensor pack can readily be moved on the bottom panel of the mounting module to adjust the sensor pack's position relative to the module's closed frame.” [0103]).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Chou as outlined above with the layer of elastic material is placed between the interior surface of the baseplate and the light source, said elastic material being configured to conduct heat emitted by the medium to the light source as taught by Pesach, because it reduces the pressure exerted on the skin of the patient during operation of the device [0018].
Regarding Claim 10, Chou discloses all limitations noted above except that the elastic material is a layer of gel.
However, in a similar field of endeavor, Pesach teaches that the elastic material is a layer of gel (“the sensor pack is optically and acoustically coupled to the bottom panel using a suitably optically transparent and relatively low viscosity medium, such as an appropriate gel or oil, that is also a good acoustic conductor. The viscosity of the medium should be low enough so that the sensor pack can readily be moved on the bottom panel of the mounting module to adjust the sensor pack's position relative to the module's closed frame.” [0103]).
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Chou as outlined above with the elastic components comprise a layer of an elastic material provided between an interior surface of the baseplate and the single building block as taught by Pesach, because it reduces the pressure exerted on the skin of the patient during operation of the device [0018].
Regarding Claim 12, Chou discloses all limitations noted above except that the layer of elastic material is received in a recess of the interior surface of the baseplate.
However, in a similar field of endeavor, Pesach teaches that the layer of elastic material is received in a recess of the interior surface of the baseplate (“In the above described embodiments of glucometers, mounting modules (e.g. mounting modules 22 (FIG. 1A) and 122 (FIG. 3A)) comprise “open” frames (e.g. frames 30 and 126 respectively) which are attached to a person's skin, optionally with a long lasting adhesive. When a corresponding sensor pack is mounted to such a mounting module the at least one light source and the at least one acoustic transducer comprised in the sensor pack are, except for a layer of a coupling gel or adhesive, in direct contact with the skin.” [0101]).
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It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Chou as outlined above with the layer of elastic material is received in a recess of the interior surface of the baseplate as taught by Pesach, because it reduces the pressure exerted on the skin of the patient during operation of the device [0018].
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Chou in view of Pesach and further in view of Rouxel as applied to Claim 1 above, and further in view of Shemesh et al (US20180146870A1; hereinafter referred to as Shemesh).
Regarding Claim 3, Chou in view of Pesach and further in view of Rouxel discloses all limitations noted above except that the at least one elastic element is attached to the maintaining element, wherein the maintaining element is a printed cardboard.
However, in a similar field of endeavor, Shemesh teaches a device for sensing at least one biological parameter of a subject [Abstract].
Shemesh also teaches that the at least one elastic element is attached to the maintaining element, wherein the maintaining element is a printed cardboard (“The device 100 has a housing 102 coupled to a substrate 104 by two flexible members 106 (e.g., a flexible membrane, a spring). The flexible members 106 have elastic properties allowing movement of the sensors' surface 104 with respect to the housing 102 when force is applied on the substrate 104 directly or through a force applied on a barrier surface 108 that is confining components of the device in its inner void 107 defined between its periphery surface 109 and a sensors' surface 110… The substrate 104 comprising a Printed Circuit Board (PCB), to which the sensors are attached.” [0149])
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Chou in view of Pesach and further in view of Rouxel as outlined above with the elastic components comprise a layer of an elastic material provided between an interior surface of the baseplate and the single building block as taught by Pesach, because it addresses the need for collection of biometric parameters [0005].
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Chou in view of Pesach and further in view of Rouxel as applied to Claim 7 above, and further in view of Namba et al (US20140168616A1; hereinafter referred to as Namba).
Regarding Claim 11, Chou in view of Pesach and further in view of Rouxel discloses all limitations noted above except that the layer of elastic material is a putty of thermal silicone.
However, in a similar field of endeavor, Namba teaches a light source apparatus and a projection type display apparatus including a light source apparatus [0003].
Namba also teaches that the layer of elastic material is a putty of thermal silicone (“FIG. 4 is a cross-sectional view showing an internal configuration of a main part of the excitation light source 111. The excitation light source 111 is assembled by the laser holder 2, the heatsink module 3, the laser diodes 1, and a thermal conductive elastic member 4 which are disposed in the manner shown in FIG. 4. Each laser diode 1 is disposed on the holder 2 with a flange portion lb fitting around a hole 2 a of the holder 2 and terminals 1 c placed in the hole 2 a of the laser holder 2. After disposing the laser diodes 1 in this manner, the thermal conductive elastic member 4 is placed to be in close contact with the laser holder 2. For the thermal conductive elastic member 4, for example, a heatsink silicone rubber sheet made of a silicone material can be used.” [0037])
It would have been obvious to an ordinary skilled person in the art before the effective filing date of the claimed invention to modify the system of Chou in view of Pesach and further in view of Rouxel as outlined above with the layer of elastic material is a putty of thermal silicone as taught by Pesach, because it can improve heat radiation efficiency and extend light source life [0018].
Conclusion
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/Steven Maldonado/
Patent Examiner, Art Unit 3797
/MICHAEL T ROZANSKI/Primary Examiner, Art Unit 3797
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