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 .
Election/Restrictions
Applicant’s election without traverse of Species A1-B1, claims 1-4, 6, 11, 12, 19, 20 in the reply filed on 7/13/26 is acknowledged.
Claims 5, 7-10, 13-18 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/13/26. Note that this is different from the claims identified by Applicant. Claim 5 is withdrawn since the fixing member is part of the 4th embodiment (see Specification Paragraph 104), claim 10 is withdrawn since the protrusion with sliding surface/ball bearing is part of the 5th embodiment (Paragraphs 108-109), and claims 13-15 are withdrawn since these pertain to the 13th and 14th embodiments.
Claim Rejections - 35 USC § 112
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.
Claim 6 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 6: Unclear to recite a second movement restriction portion without reciting a first.
Claim Rejections - 35 USC § 102
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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4, 6, 12, 19, 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Holt (US 2022/0265159).
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Regarding claims 1, 12, 19, 20, Holt disclose the same invention as claimed (Figures 6C-D shown above for example), including a heart sound acquisition device (Paragraph 14) comprising: a main body (Figure 6C: 1, 24); a movable member including a first sensor configured to be brought into contact with a human body to acquire a heart sound (Figure 6C: lower bell-shaped structure 2); a biasing portion configured to bias the movable member to allow the first sensor to press the human body when the heart sound is acquired (Figure 6D: spring 25); and wherein the movable member is movable with respect to the main body in a pressing direction that is a direction in which the first sensor presses the human body (Figures 6D-E, 7A-B), and the main body includes an adjustment portion configured to adjust a biasing force of the biasing portion on the movable member (Figures 6B-C: mating thread portion between parts 1 and 24).
Regarding claim 2, Holt discloses the biasing portion as recited (Figures 6D-E).
Regarding claim 3, Holt discloses an elastic body as recited (Figures 6D-E).
Regarding claim 4, Holt discloses the main body comprises a first member 24 and a second member 1 including a movement restriction portion (Figure 6D: top wall of housing 1 constrains spring) and including the adjustment portion as recited (Figures 6B-C: thread on 24 mates with portion on housing 1).
Regarding claim 6, Holt discloses the main body includes a second movement restriction portion as recited (Figure 6B-C: bottom of screw 24 constrains movement of lower bell-shaped moveable member).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Holt (US 2022/0265159) in view of Hulings (US 2022/0249024).
Regarding claim 11, Holt does not disclose a mark as recited. However, Hulings teaches a mark used for relatively positioning a main body and movable member of a sensor in the pressing direction, the mark being attached on at least one of the main body or movable member (Paragraphs 188-189; Figure 13D), in order to provide a visual gauge that indicates exerted pressure. Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify Holt as taught by Hulings to include a mark as recited, in order to provide a visual gauge that indicates exerted pressure.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hon (US 5,025,792; US 5,070,888) shows sensors with adjustable springs for contact pressure.
Mills (US 4,608,987) shows springs or foam as biasing elements for a sensor.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Eugene T Wu whose telephone number is (571)270-5053. The examiner can normally be reached M-F 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Niketa Patel can be reached at 571-272-4156. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Eugene T Wu/Primary Examiner, Art Unit 3796
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