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 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 11 is 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.
In regard to claim 11, the claim recites “a top and bottom surface”. It is unclear whether it is intended to recite “a top or bottom surface”, “a top and bottom surfaces”, “a top surface”, “a bottom surface” or other possible structure(s). Clarification is requested by amendments.
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.
Claims 1 and 10-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Amundsen et al. (USPN 5,437,275). In regard to claim 1, Amundsen discloses a sensor for measuring a signal indicative of at least one physiological parameter of tissue (pulse oximetry sensor, abstract; Figs. 1-10 and associated descriptions) , the sensor comprising: a sensor housing configured to be disposed about a finger of a user (housings 11/11’ and elements 18/18’ in wrapped configuration(s), Figs. 1-8 and associated descriptions), the sensor housing including rubber or an elastomeric material (elements 18/18’, Figs. 1-8 and associated descriptions; “the wrap 18 is of an elastomeric material, such as a rubber”, Col 3 lines 49-55), a distal end of the sensor housing comprising a lip forming an opening of the sensor housing to receive the finger (lip(s) of one of the two sides forming opening(s) for the finger, Figs. 1-2 and 8 and associated descriptions), the sensor housing further comprising a top compressed portion (portions of element(s) 18/18’ near number 12/12a, Figs. 1-2, 4-5 and 8 and associated descriptions) and a bottom compressed portion (portions of element(s) 18/18’ near number 13/13a, Figs. 1, 4-5 and 8 and associated descriptions); an emitter contained in the top compressed portion (element 14, Figs. 1-8 and associated descriptions), the emitter configured to emit light of at least two different wavelengths (660 and 940nm, Col 2 line 53 – Col 3 line 4); a hard shell box contained in the bottom compressed portion (elements 14/14a, Figs. 1-2, 4-5 and 8 and associated descriptions), the hard shell box comprising a material harder than the rubber or the elastomeric material (“If the wrap 18 is of an elastomeric material, such as a rubber, it is not necessary that the tops 14a and 15a be deformable”, Col 3 lines 53-55; it is implicit that the housings of elements 14/15 is harder than the rubber element 18), a portion of the hard shell box protruding from a bottom surface of the sensor housing (Figs. 4-5 and associated descriptions); and a detector contained in the hard shell box (element 15, Figs. 1-2, 4-5 and 8 and associated descriptions), the detector configured to detect the light after attenuation of the light by body tissue of the user (Col 3 lines 5-10).
In regard to claim 10, Amundsen discloses a profile of the lip is wider than a remainder of the sensor housing (the lower most lip on the left side or right side (not shown), Figs. 1-2 and 8 and associated descriptions).
In regard to claim 11, Amundsen discloses a top and bottom surface of the sensor housing is compressed at a proximal end of the sensor (rejected as best understood, see the 35 USC 112(b) rejection above; surfaces near the left or right portions of elements 11/11’ which receive(s) the finger and rubber elements 18/18’, Figs. 1-2 and 8 and associated descriptions).
Claims 1-9 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eghbal et al. (USPN 7,574,244 – applicant cited). In regard to claim 1, Eghbal discloses a sensor for measuring a signal indicative of at least one physiological parameter of tissue (pulse oximetry or other physiological measurements, abstract; Figs. 1-9 and associated descriptions), the sensor comprising: a sensor housing configured to be disposed about a finger of a user (Figs. 4-9 and associated descriptions), the sensor housing including rubber or an elastomeric material (element 60, Figs. 3-4 and 8-9 and associated descriptions; elastomer, Col 8 lines 33-47), a distal end of the sensor housing comprising a lip forming an opening of the sensor housing to receive the finger (opening(s) with lip portion near/ toward the cable side of the housing, Figs. 4, 6 and 9 and associated descriptions), the sensor housing further comprising a top compressed portion (upper portions near elements 64/68/76, Figs. 4-9 and associated descriptions) and a bottom compressed portion (lower portions near elements 66/70/76, Figs. 4-9 and associated descriptions); an emitter contained in the top compressed portion (element 22, Figs. 8-9 and associated descriptions), the emitter configured to emit light of at least two different wavelengths (Col 4 lines 28-43); a hard shell box contained in the bottom compressed portion (element 40 and/or 66, Figs. 2-3 and 8-9 and associated descriptions), the hard shell box comprising a material harder than the rubber or the elastomeric material (Figs. 2-3 and 8-9 and associated descriptions; materials of the frame, Col 6 lines 18-33), a portion of the hard shell box protruding from a bottom surface of the sensor housing (best seen in Figs. 5 and 7-9 and associated descriptions); and a detector contained in the hard shell box (element 24, Figs. 8-9 and associated descriptions), the detector configured to detect the light after attenuation of the light by body tissue of the user (Figs. 1-9 and associated descriptions; Col 4 lines 44-59).
In regard to claim 2, Eghbal discloses the emitter and the detector are part of an electrical circuit, wherein the electrical circuit further comprises a wire providing a connection between the emitter and the detector (the optical components (such as emitter 22 and detector 24) and/or conductive structures (such as wires or flex circuits) may be placed on the internal frame 30 prior to overmolding, Col 7 line 48 – Col line 17; Figs. 2-3 and associated descriptions).
In regard to claim 3, Eghbal discloses the sensor housing further comprises a wire lumen extending from the sensor housing and configured to allow the wire to extend through (elements 30 and/or 62 encloses wire(s), Figs. 4, 6-7 and 9 and associated descriptions).
In regard to claim 4, Eghbal discloses the wire lumen includes an opening at the distal end of the sensor housing (element 62, Figs. 4, 6-7 and 9 and associated descriptions).
In regard to claim 5, Eghbal discloses the wire lumen extends alongside a topside of the sensor housing (inner side of the top portion of the sensor, Figs. 3-4, 6-7 and 9 and associated descriptions).
In regard to claim 6, Eghbal discloses the wire extends across the topside of the sensor housing (wire(s) in elements 30/62, Figs. 2-4, 6-7 and 9 and associated descriptions) and past a proximal end of the sensor housing (any portion(s) being defined at the left side of the central portion(s) of the housing, e.g. left side of the housing near number 76 or 80 in Fig. 9, is/are considered as proximal portions of the sensor, Figs. 2-4 and 9 and associated descriptions) such that a proximal opening of the sensor housing is configured to allow a fingernail to protrude therethrough (Figs. 6-7 and associated descriptions).
In regard to claim 7, Eghbal discloses the wire lumen and the wire has a portion that deviates from a centerline of the sensor housing at a non-zero angle (tilted from the horizontal centerline line of the sensor, Figs. 7 and 9 and associated descriptions).
In regard to claim 8, Eghbal discloses the non-zero angle is between 1 and 45 degrees (Figs. 7 and 9 and associated descriptions).
In regard to claim 9, Eghbal discloses the sensor is configured to be flipped inside out without breaking the wire (Figs. 3, 7 and 9 and associated descriptions).
In regard to claim 11, Eghbal discloses a top and bottom surface of the sensor housing is compressed at a proximal end of the sensor (rejected as best understood, see the 35 USC 112(b) rejection above; Figs. 4, 6 and 9 and associated descriptions).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHU CHUAN LIU whose telephone number is (571)270-5507. The examiner can normally be reached M-Th (6am-6pm).
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/CHU CHUAN LIU/Primary Examiner, Art Unit 3791
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