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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are: “a blood pressure measurement control unit”, “an electrocardiographic measurement control unit”, “a main body portion”, “an instruction input portion”, “a fixing portion” in claims 1-3 and 7.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Objections
Claims 1 and 7 objected to because of the following informalities:
In claim 1 and claim 7, line 6 and line 7 please insert “adapted” before “to be in contact”. Appropriate correction is required.
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)(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 1-3 and 5-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu et al (U.S. Patent Application Publication Number: US 2022/0054080 A1, hereinafter “Liu”- APPLICANT CITED).
Regarding claim 1, Liu teaches a biological information measurement device (e.g. abstract, 102Fig.1, [0023]: user monitoring device) for measuring a blood pressure and an electrocardiographic waveform of a subject (e.g. [0023]), the biological information measurement device comprising:
a blood pressure measurement control unit configured to control measurement of a blood pressure of a measurement site of the subject (e.g. [0023]);
a first electrode to be in contact with a first site of the subject; a second electrode to be in contact with a second portion of the subject different from the first site; an electrocardiographic measurement control unit configured to control measurement of an electrocardiographic waveform of the subject through the first electrode and the second electrode (e.g. [0027], [0029],[0033]);
a main body portion (i.e. housing e.g. 210 Fig.2) including the blood pressure measurement control unit and the electrocardiographic measurement control unit;
an instruction input portion operated by the subject to input an instruction (i.e. display screen and buttons e.g. 1110 Fig.11, [0062], the sidewall i.e. bezel comprises buttons as shown in Figs. 2, 4); and
a fixing portion configured to fix the main body portion to the measurement site (e.g. Figs.2, 4 show a strap to affix the device to a wrist),
wherein the main body portion includes a casing (i.e. housing) including a side wall portion (i.e. bezel) surrounding an entire circumference of the main body portion from an outer circumference side when a direction facing the measurement site is defined as an axial direction, and the first electrode includes a surface of the side wall portion along the direction facing the measurement site and the instruction input portion (e.g. [0027],[0029],[0033]).
Regarding claims 2 and 3, Liu teaches the instruction input portion (i.e. display screen) is provided independently of the side wall portion and the instruction input portion includes the side wall portion (the sidewall i.e. bezel comprises buttons as shown in Figs. 2, 4.
Regarding claim 5, Liu teaches an uneven portion is formed on a surface of the side wall portion (the sidewall i.e. bezel comprises buttons as shown in Figs. 2, 4 that form an uneven portion)
Regarding claim 7, Liu teaches a biological information measurement device (e.g. abstract, 102Fig.1, [0023]: user monitoring device) for measuring a blood pressure and an electrocardiographic waveform of a subject (e.g. [0023]), the biological information measurement device comprising:
a blood pressure measurement control unit configured to control measurement of a blood pressure of a measurement site of the subject (e.g. [0023]);
a first electrode to be in contact with a first site of the subject; a second electrode to be in contact with a second portion of the subject different from the first site; an electrocardiographic measurement control unit configured to control measurement of an electrocardiographic waveform of the subject through the first electrode and the second electrode (e.g. [0027], [0029], [0033]);
a main body portion (i.e. housing e.g. 210 Fig.2) including the blood pressure measurement control unit and the electrocardiographic measurement control unit;
an instruction input portion operated by the subject to input an instruction (i.e. display screen and buttons e.g. 1110 Fig.11, [0062], the sidewall i.e. bezel comprises buttons as shown in Figs. 2, 4); and
a fixing portion configured to fix the main body portion to the measurement site (e.g. Figs.2, 4 show a strap to affix the device to a wrist),
wherein the main body portion includes a casing (i.e. housing) including a side wall portion (i.e. bezel) surrounding an entire circumference of the main body portion from an outer circumference side when a direction facing the measurement site is defined as an axial direction, and the first electrode includes the side wall portion and the instruction input portion, and the instruction input portion includes the side wall portion (e.g. [0027], [0029],[0033]).
Regarding claims 6 and 8, Liu teaches the instruction is an instruction for the measurement of the blood pressure (e.g. [0039], [0040], [0046],[0061][0062]).
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Liu et al (U.S. Patent Application Publication Number: US 2022/0054080 A1, hereinafter “Liu”- APPLICANT CITED) in view of Lee et al (U.S. Patent Application Publication Number: US 2018/0206736 A1, hereinafter “Lee”).
Regarding claim 4, Liu teaches the claimed invention as discussed above except for the side wall portion including a concave side wall portion which is concave toward an inner circumference side when the direction facing the measurement site is defined as the axial direction. In a similar field of endeavor, Lee teaches a blood pressure and ECG measurement device (e.g. abstract) comprising a first and second electrode and a concave portion on a surface of the device (e.g. Fig1,3A, [0042]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the side wall in the teachings of Liu to include a concave portion as taught by Lee in order to provide the predictable results of providing a more user-friendly device so that the user can easily and precisely find the pulse position (assisted by finger) for measurement.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yoshida et al (U.S. Patent Application Publication Number: US 2020/0237239 A1, hereinafter “Yoshida”) teaches a portable ECG and blood pressure measurement device comprising electrodes and blood pressure measurement unit.
Yang et al (U.S. Patent Application Publication Number: US 2020/0233381 A1, hereinafter “Yang”) teaches a wearable ECG and blood pressure measurement device comprising electrodes and blood pressure measurement unit.
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/MALLIKA D FAIRCHILD/Primary Examiner, Art Unit 3792
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