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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. JP2023070122, filed on 21 April 2023.
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.
Claims 1-7 are 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 1 recites the limitations “the storage cavity”, "in the audible range ", “the characteristic audible range signal”, and “the signal output” in lines 3, 4, 5, and 6, respectively. There is insufficient antecedent basis for the limitations in the claim. For examining purposes, “the” will be read as “an” or “a”.
Claim 2 recites the limitations "the diagnostic object" in line 11. There is insufficient antecedent basis for this limitation in the claim. For examining purposes, “the” will be read as “a”.
Claim 3 recites the limitations:
“the upper electrode”, “the signal input”, and “the first potential” in lines 16-17
“the channel formation region” in line 18
“the second potential” in line 19
“the first and second main electrode regions of the second conductivity type” in line 22
“the surface of the channel formation region” in line 23
“the channel forming region” in line 24
“the vibrating cavity” in line 25
“the perimeter of the upper electrode” in line 26
“the displacement” in line 27
There is insufficient antecedent basis for the limitations in the claim. For examining purposes, “the channel forming region” in line 24 is read as “the channel formation region”. For all other lines “the” will be read as “an” or “a”.
Claim 5 recites the limitation:
“the electronic stethoscope” in line 9
“the storage cavity” in line 11
“the signal outputs” in line 15
“the audible range” in line 16
There is insufficient antecedent basis for the limitations in the claim. For examining purposes, “the” will be read as “an” or “a”.
Claim 6 recites the limitation:
“the planar layout” in line 18
“the plurality of audible range sensors” in lines 18-19
“at the central portion” in lines 19-20
There is insufficient antecedent basis for the limitations in the claim. For examining purposes, “the plurality of audible range sensors” in lines 18-19 is read as “the multiple audible range sensors”. For all other lines “the” will be read as “an” or “a”.
Claim 7 recites the limitation
“the planar layout” in line 23
“the plurality of audible range sensors” in lines 23-24
“the pattern” in line 24
“the central portion” in line 25
There is insufficient antecedent basis for the limitations in the claim. For examining purposes, “the plurality of audible range sensors” in lines 23-24 is read as “the multiple audible range sensors”. For all other lines “the” will be read as “an” or “a”.
Claim 4 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ) through dependency on claims 1 and 3.
Examiner notes claims 3-4 do not have any further rejections.
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.
(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) 1-2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Carim et al. (CA 2630730).
Regarding Claim 1, Carim et al. (CA 2630730) discloses an electronic stethoscope (Stethoscope 90 with sensor 10; Pg. 19, Lines 10-32; Fig. 9a), comprising:
a housing (main housing 115 in Fig. 9a);
an audible range sensor, which is stored inside the storage cavity of the housing, has a mechanical resonance frequency in the audible range, and has a drum shaped detection part for detecting the characteristic audible range signal (Sensor has audible range; Pg. 8, Lines 15-25. Sensor assembly 11 of 10 stored within 12 of housing 115; Pg. 13, Lines 1-20; Pg. 19, Lines 10-32; Fig. 1,9a. Mechanical resonance frequency in audible range is inherent to an audible sensor. Housing 115 being a storage cavity itself.);
a signal processing circuit, which is configured inside the storage cavity to process the signal output from the audible range sensor (Signal processing circuit 94 inside of housing 115; Pg. 19, Lines 10-32; Pg. 20, Lines 1-5; Pg. 22, Lines 15-25; Fig. 9a).
Regarding Claim 2, Carim et al. discloses the electronic stethoscope according to claim 1, wherein the audible range sensor detects a characteristic audible range signal from the diagnostic object in the condition that no air layer between the audible range sensor and the diagnostic object (Sensor 10 detects bioacoustics signals SBS has interfacing portion 13, not an air layer, pressed against patient/diagnostic object; Pg. 13, Lines 1-11; Fig. 1. Bioacoustic signals being a characteristic audible range signal).
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.
Claim(s) 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Carim et al. (CA 2630730) in view of Phillips et al. (US 5,003,605 A).
Regarding Claim 5, Carim et al. (CA 2630730) discloses an electronic stethoscope (Stethoscope 90 with sensor 10; Pg. 19, Lines 10-32; Fig. 9a), wherein
a housing (main housing 115 in Fig. 9a);
multiple audible range sensors, which are housed in the storage cavity of the housing and have different sizes (Plurality of transducer assemblies/sensors 11a-11n with different frequency responses within 12 of housing 115; Pg. 15; Fig. 4,9a. Housing 115 being a storage cavity itself. Sizes of 19 of transducer assemblies/sensors can vary as shown in Fig. 3A-E; Pg. 11, Lines 20-32);
a signal processing circuit, which is disposed in the storage cavity and performs signal processing on the signals output from multiple audible range sensors respectively (Signal processing circuit 94 inside of housing 115; Pg. 19, Lines 10-32; Pg. 20, Lines 1-5; Pg. 22, Lines 15-25; Fig. 9a. Each sensor coupled to circuit via individual channels; Pg. 16, Lines 20-30); and
each audible range sensor has a shaped detection portion with a mechanical resonance frequency in the audible range (Detection portion of 11a-11n can be any shape; Pg. 14, Lines 25-35; Pg. 15, Lines 15-32; Fig. 4).
Carim et al. fails to explicitly disclose each audible range sensor has a drum-shaped detection portion. However, Phillips et al. (US 5,003,605 A) teaches each audible range sensor has a drum-shaped detection portion (Phillips: Sensors 24 and 26 are round, drum-shaped, with both enabling audible frequency range; Fig. 1,3; Col. 1-2). Phillips et al. and Carim et al. are in similar fields comprising electronic stethoscopes. Modifying Carim et al. with teachings of Phillips et al. would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention wherein each audible range sensor has a drum-shaped detection portion, since it has been held by the courts that a change in shape or configuration, without any criticality, is nothing more than one of numerous shapes that one of ordinary skill in the art will find obvious to provide based on the suitability for the intended final application. See In re Dailey, 149 USPQ 47 (CCPA 1976). It appears that the disclosed device would perform equally well shaped as disclosed by Carim et al. as modified by Phillips et al.
Regarding Claim 6, Carim et al. as modified by Phillips et al. disclose the electronic stethoscope according to claim 5. Carim et al. as modified by Phillips et al. fails to explicitly disclose wherein in the planar layout of the plurality of audible range sensors, the diameter of the drum-shaped detection portion located at the central portion of the planar layout is at least one diameter smaller than that of the drum-shaped detection portion arranged at a position other than the central portion. However, this would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the purpose of changing the frequency response and sensitivity of the audible range sensors (Carim: Pg. 11, Lines 25-30), since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working range involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding Claim 7, Carim et al. as modified by Phillips et al. disclose the electronic stethoscope according to claim 5. Carim et al. as modified by Phillips et al. fail to explicitly disclose wherein in the planar layout of the plurality of audible range sensors, the pattern of the drum-shaped detection portion is not arranged in the central portion of the planar layout. However, Phillips et al. further teaches wherein in the planar layout of the plurality of audible range sensors, the pattern of the drum-shaped detection portion is not arranged in the central portion of the planar layout (Phillips Fig. 1: Planar layout along 22 of sensors 26 are not located at center by 24; Fig. 1,3; Col. 1-2). Modifying Carim et al. as modified by Phillips et al. with additional teachings of Phillips et al. would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention wherein in the planar layout of the plurality of audible range sensors, the pattern of the drum-shaped detection portion is not arranged in the central portion of the planar layout for the purpose of capturing different desired frequencies.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US-20210345939-A1, US-8333718-B2, US-20040032957-A1, US-8275140-B2, US-20200178923-A1, US-11116448-B1, US-11240579-B2
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/JENNIFER B OLSON/Examiner, Art Unit 2837
/DEDEI K HAMMOND/Supervisory Patent Examiner, Art Unit 2837
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