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 .
Status of Claims
Claims 1-14 are rejected
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) 1-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jha et al (US PUB 20230142937, hereinafter Jha).
Regarding Claim 1, Jha discloses a portable physiological measuring device holdable by a user (e.g. an electronic stethoscope 10 having a holdable handle 21), (see at least the abstract and figure 1), comprising: a housing (e.g. a housing 20) of elongated shape along an extension direction and comprising an end (e.g. an anterior end defining a head 22), (see figure 1), an electronic stethoscope (e.g. a chest portion 24) positioned at the end and comprising a membrane (e.g. a diaphragm 23) extending in a membrane plane (see figures 2 and 3), a display (e.g. a display screen 33) arranged on the housing (see figure 1), the display extending along the extension direction orthogonal to the membrane plane (see figure 1), a physical interface (e.g. control button 34), operably connected to the display and positioned on the housing along the extension direction (see Jha, [0030]-[0034], and figures 1-3).
Jha does not explicitly teach that the positioning of the physical interface is between the display and the membrane. However, it would have been obvious to any person having an ordinary skill in the art to position the physical interface (button 34) between the display (33) and the membrane (23) on the housing if such an arrangement is so desired, since it has been held that mere rearrangement of elements of a device unpatentable, especially if such arrangement would not have modified the operation of the device (In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950)); (see MPEP 2144.04 VI C).
Regarding Claim 2, Jha discloses the portable physiological measuring device of claim 1, wherein the display (33) is configured to display information readable from a direction transverse to the extension direction (a user can read information from the display 33 from direction traverse to the extension direction), (see Jha, figure 1).
Regarding Claim 3, Jha discloses the portable physiological measuring device of claim 1, wherein the end defines an edge (e.g. a rim 29) and wherein the membrane (23) is inscribed in the edge at the end (see Jha, [0033] and figure 2).
Regarding Claim 4, Jha discloses the portable physiological measuring device of claim 1, wherein the membrane plane extends orthogonally to the extension direction (see Jha, figure 2).
Regarding Claim 5, Jha discloses the portable physiological measuring device of claim 1, comprising a front face (e.g. top face) and wherein the display (33) and the physical interface (34) are positioned on the front face (see Jha, figure 2).
Regarding Claim 6, Jha discloses the portable physiological measuring device according of claim 1, wherein the end defines an edge (29), the physical interface (34) being positioned between the edge and half or a third of an entire length of the device along the extension direction from the edge (see Jha, figure 1).
Regarding Claim 7, Jha discloses the portable physiological measuring device according of claim 1, wherein the end is a second end (anterior end) and the housing (20) comprises a first end (e.g. a posterior end) opposite the second end along the extension direction (see figure 1), the device comprising an essentially parallelepiped shape with a front face (top face) and a rear face (bottom face) between the first end and the second end, wherein the display (33) and the physical interface (34) are positioned on the front face (see Jha, [0031], and figure 1).
Regarding Claim 8, Jha discloses the physiological measuring device according of claim 1, wherein the end is a second end and the housing comprises a first end opposite the second end along the extension direction, the device further comprises an end sensor (e.g. a sensor chip 43) disposed at the first end (see Jha, [0036], and figure 5).
Regarding Claim 9, Jha discloses the portable physiological measuring device of claim 1, wherein the end sensor is a thermometer e.g. the stethoscope 10 has sensor that measures body temperature of the patient), (see Jha, [0053], and figure 1).
Regarding Claim 10, Jha discloses the portable physiological measuring device of claim 1, wherein the display is configured to display one or more indications relating to the placement of the stethoscope on the body (see Jha, [0033], [0047], and [0055], also figures 1 and 5).
Regarding Claim 11, Jha discloses the portable physiological measuring device of claim 1, but does not explicitly disclose wherein the device has a volume of less than 20x5x10 cm. However, it would have been obvious to any person having an ordinary skill in the art to configure the device to have a volume of less than 20x5x10 cm if such dimension is desirable, since it has been held that "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955)); (see MPEP 2144.05 II A).
Claims 12 and 13 are rejected as Claim 11.
Regarding Claim 14, Jha discloses a method of operating the physiological measuring device of claim 1 comprising: operating the physical interface (34) of the device in a one-handed manipulation navigation position, measuring with the stethoscope in a one-handed manipulation position (e.g. the handle 21 of the electronic stethoscope 10 is configured to be held by user when measuring body sounds, the control button 34 on the handle is used to control the device during use, and the results are displayed on the display screen 33), (see Jha, [0031], [0033], [0047], also figures 1 and 5).
Conclusion
The prior art made of record provided o PTO 892 and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OYESOLA C OJO whose telephone number is (571)272-0848. The examiner can normally be reached Monday through Friday 8:00am to 4:00pm Central Time.
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/OYESOLA C OJO/Primary Examiner, Art Unit 2695
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