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(s) Status
Claims 1-42 have been canceled. Claims 43-62 have been added. Claims 43-62 are currently pending.
Claim Rejections - 35 USC § 103
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.
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.
Claim(s) 43-45 & 58-61 are rejected under 35 U.S.C. 103 as being unpatentable over Roper et al. (“Roper”, US 8514070 B2, IDS) in view of Larose et al. (“Larose”, US 20150379857 A1, IDS). 1) Regarding claim 43, Roper discloses a mounting strap (Col. 16, line 31 through Col. 17, line 27; Fig. 11) for securing a monitoring device to a part of a person (Col. 3, lines 28-31; Col. 16, line 31 through Col. 17, line 27;), the monitoring device having a housing (Fig. electronic shell 1105) containing components of the monitoring device (Fig. 11) and a locking mechanism (Fig. 11 mounting element 1110) configured to engage the mounting strap (Col. 14, line 55 through Col. 15 line 2, discloses that screws may be used to mount the strap to the housing), the mounting strap comprising: a first strap half (Fig. 11: outer metallic band 1115) and a second strap half (inner metallic band 1125), each strap half extending between an attachment end of the mounting strap (Fig. 11) and a terminal end of the mounting strap (Fig. 11) to define an elongate length of the mounting strap (Fig. 11); a continuity element (Fig. 11: dielectric band 1120) located between the first strap half and the second strap half (Fig. 11). As per the limitation a multi-body cut resistant member located between the first strap half and the second strap half. Fig. 10 illustrates a multi-body cut resistant component 1005 that is adjacently surrounding an optical fiber component 1010. Roper discloses, in Col. 16, lines 41-51, that the mounting strap assembly including outer/inner bands 1115/1125 includes an optical fiber. Col. 16, line 65 through Col. 17, line 6 discloses that the dielectric band 1120 comprises an optical fiber, which suggest that the mutli-body element 1005 is provided surrounding the dielectric band 1120 similar to Fig. 10. Fig. 11 illustrates the dielectric band 1120 between the outer and inner bands. Larose further discloses, in claim 3, the concept of embedding cut resistant components within banding structures. Thus, At the time of filing, it would have been obvious to a person of ordinary skill in the art to incorporate implementing the multi-cut resistant material adjacently surrounding the dielectric band as shown in Fig. 11 which is further provided between the outer/inner band, with the motivation to enhance the cut resistance features of the system. As per the limitation wherein the mounting strap is affixed to the housing of the monitoring device with the attachment end of the mounting strap (Fig. 11). 2) Regarding claim 44, wherein the multi-body cut resistant member is located between a lengthwise edge of the mounting strap and the continuity element (Roper: Figs. 10-11). 3) Regarding claim 45, wherein the multi-body cut resistant member comprises a first multi-body cut resistant member and a second multi-body cut resistant member (Roper: Fig. 10 illustrates 4 1005 members). 4) Regarding claim 58, wherein the multi-body cut resistant member comprises a chain (the interprets the strap to be in shape of a chain since it straps the electronic shell, as shown in Fig. 11 of Roper, to the individual being monitored hence the cut resistant element that surrounds the dielectric band can further be considered a chain as dielectric band 1120 further straps the electronic shell to an individual). 5) Regarding claim 59, wherein the continuity element comprises a fiber optic cord (Roper: Col. 16, lines 41-51: Fig. 11). 6) Regarding claim 60, Roper and Larose with the same motivation to combine as presented in the rejection of claim 43 a monitoring device (Roper: Col. 6, line 66 through Col. 9, line 59 Figs. 3 and 11), comprising: a housing enclosing electronic components of the monitoring device (Roper: Fig. 11: electronic shell 1105) and a locking mechanism (Roper: Fig. 11: element 1110 providing a whole for provided screws); and a mounting strap according to claim 43 (see analysis of the rejection of claim 43; and Roper Fig. 11), the attachment end being affixed to the housing mechanism (Roper: Fig. 11: element 1110) and the terminal end (Roper: Fig. 11: element 1110) configured to be selectively coupled to the housing of the monitoring device with the locking mechanism (Roper: Col. 14, line 55 through Col. 15, line 2). 7) Regarding claim 61, further comprising a plurality of adjustment holes formed in the first strap half and the second strap half and distributed along the length of the mounting strap, the plurality of adjustment holes configured to receive a portion of the locking mechanism of the monitoring device to selectively couple the terminal end of the mounting strap to the housing. Larose discloses, in ¶¶35-36, the concept of providing a plurality of adjustment hole to aid in selectively fastening a strap of a monitoring device to a monitored individual. At the time of filing, it would have been obvious to a person of ordinary skill in the art to incorporate the concept of providing a plurality of adjustment hole to aid in selectively fastening a strap of a monitoring device to a monitored individual, with the motivation to enhance the fastening features of the system.
Allowable Subject Matter
Claim(s) 46-57 and 62 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 5471197 A; US 4918432 A; US 4918432 A; US 10524368 B1; US 20220225947 A1, monitoring device with straps.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHICO A FOXX whose telephone number is (571)272-5530. The examiner can normally be reached 9:00 - 6:00 M-F.
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CHICO A. FOXX
Primary Examiner
Art Unit 2685
/CHICO A FOXX/Examiner, Art Unit 2685
Prosecution Insights