Prosecution Insights
Last updated: July 17, 2026
Application No. 18/890,574

PHYSIOLOGICAL INFORMATION MEASUREMENT SYSTEM AND PHYSIOLOGICAL INFORMATION MEASUREMENT METHOD

Non-Final OA §102
Filed
Sep 19, 2024
Priority
Sep 27, 2023 — JP 2023-164677
Examiner
HOLMES, REX R
Art Unit
3715
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
NIHON KOHDEN Corporation
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
1y 0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
934 granted / 1164 resolved
+10.2% vs TC avg
Strong +18% interview lift
Without
With
+18.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
43 currently pending
Career history
1208
Total Applications
across all art units

Statute-Specific Performance

§101
1.5%
-38.5% vs TC avg
§103
65.6%
+25.6% vs TC avg
§102
15.9%
-24.1% vs TC avg
§112
3.9%
-36.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1164 resolved cases

Office Action

§102
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 . Information Disclosure Statement The information disclosure statement(s) (IDS) submitted on 9/19/24 has/have been acknowledged and is/are being considered by the Examiner. Claim Rejections - 35 USC § 102 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. Claim(s) 1-2, 4-5, 7, 9-10, 12-13 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Szeto (U.S. Pub. 2004/0228217). Regarding claim 1, Szeto discloses a physiological information measurement system comprising: a detector configured to detect a candidate QRS complex from an electrocardiogram of a subject (e.g. 500; detect ECG); and an estimator configured to estimate whether the candidate QRS complex is a QRS complex based on the candidate QRS complex and information on a cardiac function of the subject (e.g. 600; validate QRS with heart rate meeting cardiac function limitation). Regarding claim 2, Szeto further discloses further comprising: a calculator configured to calculate a heart rate based on the waveform estimated as QRS by the estimator (e.g. 600; determine heart rate). Regarding claim 4, Szeto further discloses wherein the estimator estimates whether the candidate QRS complex is the QRS complex based on presence and absence of information on the cardiac function corresponding to the candidate QRS complex (e.g. ¶¶115-119; validate QRS complex via HR). Regarding claim 5, Szeto further discloses wherein the estimator determines the presence and absence of the information on the cardiac function corresponding to the candidate QRS complex based on whether information on the cardiac function is detected within a prescribed time delay range after the candidate QRS complex is detected (e.g. 511; determine within time window meeting the limitation of a time delay range). Regarding claim 7, Szeto further discloses wherein the calculator calculates a heart rate by calculating an RR interval of the waveform estimated as QRS by the estimator (e.g. ¶¶3, 114; calculating HR). Regarding claim 9, Szeto discloses a physiological information measurement method comprising: detecting a candidate QRS complex from an electrocardiogram of a subject (e.g. 500; detect ECG); and estimating whether the candidate QRS complex is a QRS complex based on the candidate QRS complex and information on a cardiac function of the subject (e.g. 600; validate QRS with heart rate meeting the cardiac function limitation). Regarding claim 10, Szeto further discloses further comprising: calculating a heart rate based on the waveform estimated as QRS in the estimating (e.g. 600; determine heart rate). Regarding claim 12, Szeto further discloses wherein in the estimating, whether the candidate QRS complex is the QRS complex is estimated based on presence and absence of information on the cardiac function corresponding to the candidate QRS complex (e.g. ¶¶115-119; validate QRS complex via HR). Regarding claim 13, Szeto further discloses wherein in the estimating, the presence and absence of the information on the cardiac function corresponding to the candidate QRS complex is determined based on whether information on the cardiac function is detected within a prescribed time delay range after the candidate QRS complex is detected (e.g. 511; determine within time window meeting the limitation of a time delay range). Regarding claim 15, Szeto further discloses wherein in the calculating, a heart rate is calculated by calculating an RR interval of the waveform estimated as QRS in the estimating (e.g. ¶¶3, 114; calculating HR). Allowable Subject Matter Claims 3, 6, 8, 11, 14 and 16 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 Any inquiry concerning this communication or earlier communications from the examiner should be directed to REX R HOLMES whose telephone number is (571)272-8827. The examiner can normally be reached Monday-Thursday 7:00AM-5:30PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer McDonald can be reached at (571) 270-3061. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /REX R HOLMES/Primary Examiner, Art Unit 3796
Read full office action

Prosecution Timeline

Sep 19, 2024
Application Filed
Jul 08, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12678092
SYSTEMS AND METHODS FOR ASSESSING MEDICAL CONDITIONS SUCH AS INFLAMMATION, AUTOIMMUNITY, AND AUTISM SPECTRUM DISORDER (ASD), AND TREATMENTS THEREOF
2y 3m to grant Granted Jul 14, 2026
Patent 12673217
Shape-Sensing Systems with Vibration-Assisted Torsion Management and Methods Thereof
2y 10m to grant Granted Jul 07, 2026
Patent 12661500
MEDICAL ELECTRODE AND ARRANGEMENT THEREOF
2y 6m to grant Granted Jun 23, 2026
Patent 12653420
SYSTEM AND METHOD FOR CLASSIFYING GAIT AND POSTURE ABNORMALITY
3y 0m to grant Granted Jun 16, 2026
Patent 12653466
PATIENT MONITORING SYSTEM HAVING A MODULAR CONFIGURATION INCLUDING MULTIPLE MONITORS
2y 11m to grant Granted Jun 16, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
80%
Grant Probability
99%
With Interview (+18.5%)
2y 10m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1164 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month