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 1 and claims dependent thereon 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 pre-AIA the applicant regards as the invention.
Regarding Claim 1, the term “band-like member” renders the claim indefinite because it is unclear how much a member can deviate from a band to remain “band-like”. Further no characteristic is given to judge the deviation of the member from being like a band, for example, the flexibility of the member. Appropriate changes would include – band member--.
Regarding Claim 1, the term “bag-like shape” renders the claim indefinite because it is unclear how much a shape can deviate from a bag shape to remain “bag-like.” Further no characteristic is given to judge the deviation of the shape from being like a bag, for example, the curvature of the shape. Appropriate changes would include – bag shape--.
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.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kondo (WO 2019/225585) in view of Taniguchi et al (US 2021/0307627) (“Taniguchi”) and further in view of Fumuro et al (US 2010/0312127) (“Fumuro”) and further in view of Forutanpour et al (US 2016/0239091) (“Forutanpour”).
Regarding Claim 1, while Kondo teaches a wrist blood pressure monitor (Figs. 1-7, Abstract) comprising:
a main body portion (Figs. 23-26, p5, p11, case 51 of blood pressure measurement device 1);
a band-like member connected to the main body portion (Figs. 23-26, p4, p11, fixture 43 of blood pressure measurement device 1);
a sensing mechanism (Figs. 23-26, p6, p11, sensor module 63 of blood pressure measurement device 1); and
a pressure cuff (Figs. 23-26, p6, p11, air bladder/bag 62 of blood pressure measurement device 1, the blood pressure measurement device acting as the cuff structure to the air bladder/bag 62), wherein
the sensing mechanism and the pressing bag are provided in conjunction with the band-like member (Figs. 23-24, p5-6, p11, case 51 containing the sensing mechanism 63 and the pressure cuff with air bladder/bag 62 are provided to the band fixture 43 when the device is fully joined),
the band-like member is configured to be wrappable around either a left wrist or a right wrist (Figs. 25-26, p11, “Thus, by using the attachment unit 41 corresponding to the wrist 100 selected from the pair of attachment units 41, the posture of the sensing main body 42 is the same regardless of whether the wrist unit 100 is worn on either the left or right wrist 100. As a result, as shown in FIG. 25 and FIG. 26, the display unit 13 provided in the case 51 of the sensing body 42 is in the same direction regardless of whether it is worn on either the left or right wrist 100.” Uses two different attachment units / band-like members, each configured to be wrappable around either a left wrist or a right wrist);
the pressing bag is provided so as to be capable of pressing the sensing mechanism toward a left wrist side or a right wrist side when the band-like member is wrapped around the left wrist or the right wrist (Figs. 25-26, p11, “Thus, by using the attachment unit 41 corresponding to the wrist 100 selected from the pair of attachment units 41, the posture of the sensing main body 42 is the same regardless of whether the wrist unit 100 is worn on either the left or right wrist 100. As a result, as shown in FIG. 25 and FIG. 26, the display unit 13 provided in the case 51 of the sensing body 42 is in the same direction regardless of whether it is worn on either the left or right wrist 100.” Uses two different attachment units / band-like members, each configured to be wrappable around either a left wrist or a right wrist, the pressing cuff is placed in the same relative location on either wrist, and the internal air bladder 62 from Figs. 23-26 would be capable of pressing the sensing mechanism toward a left wrist side or a right wrist side when the band-like member is wrapped around the left wrist or the right wrist),
the band-like member includes a first end portion and a second end portion that are positioned in a width direction orthogonal to a circumferential direction when the band-like member is wrapped around the left wrist (Fig. 25, p11, band-like member configured for the left wrist, with a first end portion and a second end portion that are positioned in a width direction orthogonal to a circumferential direction. The orthogonal end of blood pressure measuring device that is the first end portion coincides with adjustment knob 53a, the second end portion coincides with the other end portion without the adjustment knob 53a);
in a first state in which the band-like member is wrapped around the left wrist with the first end portion positioned on a finger side of a left hand, the second end portion positioned on an elbow side of the left hand, and the main body portion disposed on a side surface of a left arm on a thumb side of the left hand, the sensing mechanism is disposed so as to be capable of compressing a radial artery of the left wrist from a front surface side of the left arm on a palm side (Fig. 25, p11, first end portion is on a finger side of a left hand and the second end portion is on an elbow side of the left hand, the Figure showing sensing cuff is disposed so as to be capable of compressing a radial artery of the left wrist from a front surface side of the left arm on a palm side);
in a second state in which a second band-like member is wrapped around the right wrist with a second end portion positioned on a finger side of a right hand, a first end portion positioned on an elbow side of the right hand, and the main body portion disposed on a side surface of a right arm on a thumb side of the right hand, a sensing cuff is disposed so as to be capable of compressing a radial artery of the right wrist from a front surface side of the right arm on a palm side (Figs. 7 and 25-26, p5, p11, the different attachment portions interface with casing 51 in the same way so the display stays oriented in the same way, the second band-like member configured for the right wrist, with a first end portion and a second end portion that are positioned in a width direction orthogonal to a circumferential direction. The orthogonal end of blood pressure measuring device that is the first end portion coincides with adjustment knob 53a, the second end portion coincides with the other end portion without the adjustment knob 53a);
where Kondo further teaches that the system may be modified in multiple ways as long as the system retains moveability (p11, “In the above-described example, the blood pressure measurement device 1 measures the pressure of the radial artery 110 and obtains the blood pressure by the tonometry method. However, the configuration is not limited to this, and for example, the pressure measurement device 1 measures the pressure of the ulnar artery 112. It may be. Moreover, the structure which calculates | requires blood pressure by methods other than the tonometry method may be sufficient as the blood pressure measuring device 1.”);
Kondo fails to teach the sensing mechanism being a sensing cuff having a bag-like shape;
A single band-like member being utilized for measuring both the left wrist and the right wrist; and
in a second state in which the single band-like member is wrapped around the right wrist with the second end portion of the single band-like member is positioned on a finger side of a right hand, the first end portion of the single band-like member is positioned on an elbow side of the right hand.
However Taniguchi teaches a wrist blood pressure measurement device (Fig. 2, Abstract) comprising
a main body portion (Fig. 2, [0059] outer case 31);
a band-like member connected to the main body portion (Fig. 2, [0083] first belt 61 and second belt 62 connected to the outer case 31);
a sensing cuff having a bag-like shape (Fig. 2, [0057] sensing cuff 73, Fig. 11, [0054] cuff structure 6 includes the sensing cuff 73 and shows the cuff structure 6 having a bag-like shape); and
a pressure cuff (Fig. 2, [0057] pressing cuff 71), wherein
the sensing cuff and the pressure cuff are provided to the band-like member (Figs. 6-7, 9, the sensing cuff and the pressure cuff are provided to the band-like member when attached to the patient),
the band-like member is configured to be wrappable around either a left wrist or a right wrist (Abstract, as a wrist-mounted system, the band-like member must be configured to be wrappable around either a left wrist or a right wrist),
the pressing cuff is provided so as to be capable of pressing the sensing cuff toward a wrist when the band-like member is wrapped around a wrist (Abstract, [0082]),
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to replace the sensing mechanism and pressure unit of Kondo with a sensing cuff and pressing cuff of Taniguchi as a simple substitution of one form of supplying pressure in the area of a radial artery (Kondo: with a sensing mechanism pushed by an air bag) for another (Taniguchi: with inflated, stacked cuffs) to obtain predictable results of localized pressurization applied to the measuring location. Finally, it would be obvious that performing the more localized pressing of only a radial artery as seen in Kondo’s Fig 15, one could reposition and size the pressing cuff of Taniguchi to achieve the same pressing effect.
Yet their combined efforts fail to teach a single band-like member being utilized for measuring both the left wrist and the right wrist; and
in a second state in which the single band-like member is wrapped around the right wrist with the second end portion of the single band-like member is positioned on a finger side of a right hand, the first end portion of the single band-like member is positioned on an elbow side of the right hand.
However Fumuro teaches a blood pressure cuff utilizing an air bag for compressing a blood vessel (Abstract, [0007] which may be applied at a wrist, Figs. 1-2, [0027]-[0031], [0037]-[0038], [0047]-[0059], [0062]) comprising
a single band-like member being utilized for measuring both the left wrist and the right wrist (Fig. 1, Figs. 1-2, [0027]-[0031], [0037]-[0038], [0062] cuff body 2 of blood pressure cuff 1 may be applied to either arm of the subject, with indicating parts to direct how to apply in a rotated manner when utilizing either arm); and
the band-like member includes a first end portion and a second end portion that are positioned in a width direction orthogonal to a circumferential direction when the band-like member is wrapped around the left wrist (Figs. 1-2, cuff body 2 has a first end portion / the edge end portion corresponding to locking recessed part 4b and a second end portion / the edge end portion corresponding to locking recessed part 4a),
in a first state in which the band-like member is wrapped around the left wrist with the first end portion positioned on a finger side of a left hand, the second end portion positioned on an elbow side of the left hand (Figs. 1-2, cuff body 2 has a first end portion / the edge end portion corresponding to locking recessed part 4b positioned on a finger side of a left hand and a second end portion / the edge end portion corresponding to locking recessed part 4a positioned on an elbow side of the left hand),
in a second state in which the band-like member is wrapped around the right wrist with the second end portion positioned on a finger side of a right hand, the first end portion positioned on an elbow side of the right hand (Figs. 1-2, cuff body 2 when flipped for the opposite arm and following the shoulder indicating parts will have first end portion / the edge end portion corresponding to locking recessed part 4b positioned on an elbow side of the right hand and the second end portion / the edge end portion corresponding to locking recessed part 4a positioned on a finger side of a right hand).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to utilize a single device to measure either wrist as taught by Fumuro instead of utilizing two paired bands as taught by Kondo as a way to simplify the use of the system by reducing the number of components a user must keep track of. Furthermore, it would be obvious that the flipping of orientation of Kondo and Taniguchi’s blood pressure measurement system would lead to the main body portion disposed on a side surface of a right arm on a thumb side of the right hand and the sensing cuff is disposed so as to be capable of compressing a radial artery of the right wrist from a front surface side of the right arm on a palm side as the logical spatial result of the flipping of the system for an opposite arm. Examiner recognizes that this may be inconvenient with the display of Kondo unchanging across wrists, but Examiner asserts that orientation changes in displays due to the wearable device’s orientation was also known in the art and would be readily applied to obviate this issue (Foruntapour: [0111] orientation changes and display changes occur based on wrist-based devices changes in space with respect to the user).
Regarding Claim 2, Kondo, Taniguchi, Fumuro, and Forutanpour teach the wrist blood pressure monitor according to claim 1, and Kondo teaches wherein
in the first state, the sensing cuff is disposed so as to be capable of compressing the radial artery of the left wrist in a portion of a circumferential surface of the left arm from a top portion of the side surface on the thumb side of the left hand to a flexor carpi radialis (See Claim 1 Rejection, Fig. 15, the compressing position of Kondo is a circumferential surface of the left arm from a top portion of the side surface on the thumb side of the left hand / an end of the pressure sensor base 72 extending to the left of the radial artery to a flexor carpi radialis / tendon 114, performed by a sensing cuff in view of Taniguchi), and
in the second state, the sensing cuff is disposed so as to be capable of compressing a radial artery of the right wrist in a portion of a circumferential surface of the right arm from a top portion of the side surface on the thumb side of the right hand to a flexor carpi radialis (See Claim 1 Rejection, Fig. 15 the compressing position of Kondo is a circumferential surface of the right arm will be flipped in accordance with Fumuro to matching positions on the right arm and therefore will be a top portion of the side surface on the thumb side of the right hand to a flexor carpi radialis, performed by a sensing cuff in view of Taniguchi),.
Regarding Claim 3, Kondo, Taniguchi, Fumuro, and Forutanpour teach the wrist blood pressure monitor according to claim 1, and Kondo teaches wherein
the main body portion includes a display unit (Figs. 23-26, p3, p11, display unit 13), and
the display unit includes a first end positioned on the finger side of the left hand and a second end positioned on the elbow side of the left hand in the first state (Fig. 25, display unit 31 has a first end positioned on the finger side of the left hand and a second end positioned on the elbow side of the left hand in the first state), and
the first end of the display unit is positioned on the elbow side of the right hand, and the second end of the display unit is positioned on the finger side of the right hand in the second state (See Claim 1 Rejection, with Fumuro’s flipping of the device, the display unit will now have first end positioned on the elbow side of the right hand, and the second end positioned on the finger side of the right hand in the second state).
Regarding Claim 4, Kondo, Taniguchi, Fumuro, and Forutanpour teach the wrist blood pressure monitor according to claim 2, and Kondo teaches wherein
the main body portion includes a display unit (Figs. 23-26, p3, p11, display unit 13), and
the display unit includes a first end positioned on the finger side of the left hand and a second end positioned on the elbow side of the left hand in the first state (Fig. 25, display unit 31 has a first end positioned on the finger side of the left hand and a second end positioned on the elbow side of the left hand in the first state), and
the first end of the display unit is positioned on the elbow side of the right hand, and the second end of the display unit is positioned on the finger side of the right hand in the second state (See Claim 1 Rejection, with Fumuro’s flipping of the device, the display unit will now have first end positioned on the elbow side of the right hand, and the second end positioned on the finger side of the right hand in the second state).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAIRO H PORTILLO whose telephone number is (571)272-1073. The examiner can normally be reached M-F 9:00 am - 5:15 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacqueline Cheng can be reached at (571)272-5596. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAIRO H. PORTILLO/
Examiner
Art Unit 3791
/PUYA AGAHI/Primary Examiner, Art Unit 3791
Prosecution Insights