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 .
Below is a complete listing of the claims including the status of each:
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 12-14 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.
Claims 12-14 fails to disclose any positively recited structure. Clarification is requested via 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.
Claim(s) 1-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Siker et al. (USPN 5,425,362)
Regarding claims 1, 12-14, an intrapartum measurement probe adapted to measure signals of the fetus's brain, the intrapartum measurement probe comprising: a housing (figures 1 and 2) comprising: an electroencephalography sensor adapted to measure electrical signals of the fetus's brain (EEG sensor 28, figure 2), a near-infrared spectroscopy sensor adapted to measure fetal tissue oximetry (oxygen sensor 32 figure 2), and a mechanical support adapted to fix the housing to the scalp or the head of the fetus (figure 2).
Regarding claim 2, the electroencephalography sensor comprises two Ag/AgCI electrodes (Col. 2 lines 25-68).
Regarding claim 3, each electrode is used as an electromyography sensor and/or an impedance sensor (Col. 2 lines 25-68).
Regarding claim 4, the housing is made of two parts, each part having the form of a cup (figures 1 and 2).
Regarding claim 5, the mechanical support comprises a connecting structure linking the two parts and, for each part, respectively a control rod and a cable (figures 1 and 2).
Regarding claim 6, the mechanical support comprises a holding element adapted to hold the housing (figures 1 and 2).
Regarding claim 7, the mechanical support further comprises a protecting element adapted to protect the housing (figures 1 and 2).
Regarding claim 8, the intrapartum measurement probe further comprises a pressure sensor (pressure sensor 24, figure 2).
Regarding claim 9, an intrapartum measurement probe according to claim 1, a first processing unit adapted to process the signals coming from the electroencephalography sensor, and a second processing unit adapted to process the signals coming from the near-infrared spectroscopy sensor (entire description of figure 2).
Regarding claim 10, the first processing unit and the second processing unit operate in an asynchronous manner (entire description of figure 2).
Regarding claim 11, the first processing unit comprises a filtering unit adapted to filter the movement artifacts generated in the signals coming from the electroencephalography sensor (entire description of figure 2).
Regarding claim 15, the holding element has a cup form in transverse section (entire description of figure 2).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARJAN FARDANESH whose telephone number is (571)270-5508. The examiner can normally be reached Monday-Friday 9:00-17:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MARJAN FARDANESH/ Primary Examiner, Art Unit 3791
Prosecution Insights