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 .
Specification
The disclosure is objected to because of the following informalities: Applicant should review the entire specification an particularly paragraphs 284, 265,268,269,278,279, and 281, as the reference numbers for the detectors and sources are being mixed up.
Appropriate correction is required.
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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barrett et al. (USPN 2009/0163775-Cited by the Applicant) in view of Magnussen et al. (USPN 11,662,309-Cited by the Applicant).
Regarding claims 1, 14 and 16, 19, Barrett et al. discloses a device comprising: (A) a first enclosure of an oximeter probe (sensor pad 14) comprising: (1) a first source structure and a second source structure arranged on a first line on a first planar surface of the first enclosure [0019], fig. 3, 4), wherein the first source structure comprises a first source structure side, inside the first enclosure, and a second source structure side, outside of the first enclosure, and the second source structure comprises a third source structure side, inside the first enclosure, and a fourth source structure side, outside of the first enclosure (fig. 3, 4); (2) a first emitter circuit (light source 18), wherein the first emitter circuit emits light having wavelength, and the first emitter circuit is associated with the first source structure (para. [0019]); (3) a second emitter circuit (light source 18), wherein the second emitter circuit emits light having wavelength, and the second emitter circuit is associated with the first source structure ([0019]); (4) a third emitter circuit (light source 18), wherein the
third emitter circuit emits light having the wavelength, and the third emitter circuit is associated with the second source structure ([0019]); (5) a fourth emitter circuit (light source 18), wherein the fourth emitter circuit emits light having the wavelength, and the fourth emitter circuit is associated with the second light source structure (para.[0019]), the first and second emitter circuits are positioned within the first enclosure such that light emitted by either the first emitter circuit or the second emitter circuit will pass through first source structure from the first source structure side to the second source structure side in a direction away from the first planar surface, and the third and fourth emitter circuits are positioned within the first enclosure such that light emitted by either the third emitter circuit or the fourth emitter circuit will pass through second source structure from the third source structure side to the fourth source structure side in a direction away from the first planar surface (fig. 1, 3, 4); (6) a first detector structure and a second detector structure (light detectors 20, 22) arranged on a second line on the first planar surface of the first enclosure, where the second line is not collinear or parallel with the first line (fig. 3, 4); (7) a first detector circuit (light detector 20), wherein the first detector circuit receives light that passes through the first detector structure and not the second detector structure (para. [0022]); (8) a second detector circuit (light detector 22), wherein the second detector circuit receives light that passes through the second detector structure and not the first detector structure (para.[0022]); (B) a second enclosure of the oximeter probe (a monitoring system 12), wherein the second enclosure is a separate and independent enclosure from the first enclosure (fig. 1), the second enclosure comprises: (10) a processor (processor 26); (11) a memory, coupled to the processor (it is implicit that a memory is coupled to a processor); and (12) a battery (voltage source 32), coupled to the processor, memory, wherein the battery supplies power to the processor, and memory, via a connection internal to the second enclosure (fig. 6); and (C) an electrical cable (cable 16), extending externally between the first and second enclosures (fig. 1), wherein the electrical cable couples the first enclosure to the processor, memory, and battery of the second enclosure, and the battery supplies power to the first and second source circuits, and first and second detector circuits via the electrical cable.
Barrett et al. fails to disclose that the second and fourth emitters circuit emits light having a second wavelength, which is different from the first wavelength of the first and third emitter circuits; a front-end circuit, coupled to the first and second emitter circuits and the first and second detector circuits, and wireless communication circuit. However, Magnussen et al. discloses a sensor device comprises a first and second emitters circuits in a first cavity which emit light at different wavelength and a third and fourth emitters circuits in a second cavity which emit light at the same different wavelength (claim 19). In addition, the device includes a front-end circuit, coupled to the first and second emitter circuits and the first and second detector circuits (fig. 12, 17), and wireless communication circuit (col. 9, lines 19-23; the device is preferably configured such that it can be integrated into a smart phone which includes a wireless communication circuit). Thus, in view of Magnussen et al., it would be obvious to a skilled person in the art to implement light emitting of two different wavelengths by a two couples of emitters circuits in the device described in Barrett et al., in order to enable more sensitive and accurate measurement of oxygen saturation in the tissue. Furthermore, it would be obvious to a skilled person in the art to implement a wireless communication circuit and a front-end circuit in the device described in Barrett et al., in order to enable convenience data transmission to a remote computer, and A front-end circuit for efficient processing by the control circuitry, without exercising an inventive step, thereby arriving at the subject-matter claimed.
Regarding claims 2 and 15, Barrett et al. in view of Magnussen et al. discloses a first distance is between the first source structure and the first detector structure, a second distance is between the first source structure and the second detector structure, a third distance is between the second source structure and the first detector structure, and a fourth distance is between the second source structure and the second detector structure, and the first, second, third, and fourth distances are different from each other (See Barrett figures 3 and 4, [0022]-[0023]).
Regarding claim 3, Barrett et al. in view of Magnussen et al. discloses the first housing comprises a third detector structure and a fourth detector structure arranged on the second line on the exterior planar surface of the first housing (See Barrett figures 3 and 4, [0022]-[0023]).
Regarding claim 4, Barrett et al. in view of Magnussen et al. discloses between the first source structure and the first detector structure, there are no intervening source or detector structures, between the first source structure and the second detector structure, there are no intervening source or detector structures, between the second source structure and the first detector structure, there are no intervening source or detector structures, and between the second source structure and the second detector structure, there are no intervening source or detector structures (See Barrett figures 3 and 4, [0022]-[0023]).
Regarding claim 5, Barrett et al. in view of Magnussen et al. discloses on a line between the first source structure and the first detector structure, there are no intervening source or detector structures, on a line between the first source structure and the second detector structure, there are no intervening source or detector structures, on a line between the second source structure and the first detector structure, there are no intervening source or detector structures, and on a line between the second source structure and the second detector structure, there are no intervening source or detector structures (See Barrett figures 3 and 4, [0022]-[0023]).
Regarding claim 6, Barrett et al. in view of Magnussen et al. discloses the first and second source structures and the first and second detector structures comprise circular cross sections (See Barrett figures 3 and 4, [0022]-[0023]).
Regarding claim 7, Barrett et al. in view of Magnussen et al. discloses the first and second source structures and the first and second detector structures comprise a polymer material (See Barrett figures 3 and 4).
Regarding claim 8, Barrett et al. in view of Magnussen et al. discloses the first and second source structures and the first and second detector structures comprise optical fibers (See Barrett figures 3 and 4, [0022]-[0023]).
Regarding claim 9, Barrett et al. in view of Magnussen et al. discloses a beam combiner comprising a first input, second input, and an output, wherein the first output of beam combiner is optically coupled to the first emitter circuit, the second output beam combiner is optically coupled to the second emitter circuit, and the output of the beam combiner is optically coupled to the first source structure (See Barrett figures 3 and 4, [0022]-[0023]).
Regarding claim 10, Barrett et al. in view of Magnussen et al. discloses the first and second emitter circuits are positioned within the first enclosure such that while light emitted by either the first emitter circuit or the second emitter circuit is passing through the first source structure, that light will not pass through second source structure ([0022]-[0023]).
Regarding claim 11, Barrett et al. in view of Magnussen et al. discloses the third and fourth emitter circuits are positioned within the first enclosure such that while light emitted by either the third emitter circuit or the fourth emitter circuit is passing through the second source structure, that light will not pass through first source structure ([0022]-[0023]).
Regarding claim 12, Barrett et al. in view of Magnussen et al. discloses a console comprising a processor, memory, screen, and second wireless communication circuit, wherein via the second communication circuit, the console wirelessly connects to the first communication circuit to establish a wireless communication link, the first communication circuit transmits oxygen saturation information over the wireless communication link, and the console device displays a graphon the screen based at least in part on the oxygen saturation information received from the device (Barrett [0019]-[0020], [0027]).
Regarding claim 13, Barrett et al. in view of Magnussen et al. discloses the console comprises a tablet device (Barrett [0019]-[0020], [0027]).
Regarding claim 17, Barrett et al. in view of Magnussen et al. discloses the first electronic components comprise a front- end circuit that is coupled between the electrical cable and the at least two emitters and between the electrical cable and the at least two detectors (Magnussen et al. figures 12 and 17).
Regarding claim 18, Barrett et al. in view of Magnussen et al. discloses the first enclosure comprises a first source structure and a second source structure arranged on a first line on a first planar surface of the first enclosure, the first source structure comprises a circular cross section, and the second source structure comprises a circular cross section, the first source structure comprises a first source structure side, inside the first enclosure, and a second source structure side, outside of the first enclosure, and the second source structure comprises a third source structure side, inside the first enclosure, and a fourth source structure side, outside of the first enclosure (Barrett figures 3,4, [0022]-[0023]).
Regarding claim 20, Barrett et al. in view of Magnussen et al. discloses while the first enclosure is positioned on a tissue to make an oxygen saturation measurement, the second enclosure can be moved relative to the first enclosure without affecting the oxygen saturation measurement (Barrett et al. figure 1, [0019]).
Conclusion
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/MARJAN FARDANESH/Primary Examiner, Art Unit 3791