DETAILED ACTION
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
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Claim 2-20 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 15-20 of US Patent 11,882,402 and claim 1-10 of US Patent 12,244,999.
Regarding claim 2-20,
Instant Application
US Pat 11,882,402
US Pat 12,244,999
2 and 12. (New) An apparatus, comprising: a housing; a plurality of microphones secured to the stethoscope housing; a memory; and a processing device operatively coupled to the memory, the processing device to: receive digital audio data from the plurality of microphones; analyze the digital audio data to determine a location of the housing; determine an optimal location of the housing; in response to determining that the housing is not in the optimal location, generate instructions for moving the housing toward the optimal location; and provide the instructions for moving the housing toward the optimal location.
15. A method of detecting digital audio signals using a digital stethoscope, comprising: receiving audio signals by a plurality of microphones, the plurality of microphones secured to a surface region of a stethoscope housing defining a circular housing edge; transmitting digital audio data to a processing device from the plurality of microphones, the digital audio data representing the audio signals; analyzing the digital audio data using the processing device and generating audio classification data associated with the digital audio data; generating a database including the digital audio data and the audio classification data; analyzing the digital audio data to determine a location of the digital stethoscope with respect to an audio source; determining an optimal location of the digital stethoscope with respect to the audio source; and if the digital stethoscope is not in the optimal location, receiving instructions for moving the digital stethoscope toward the optimal location.
1. A system, comprising: a digital stethoscope comprising: a stethoscope housing; and a plurality of microphones secured to a surface region of the stethoscope housing, wherein the stethoscope housing defines a circular housing edge; and a mobile computing device communicatively coupled to the digital stethoscope, the mobile computing device to: receive digital audio data from the plurality of microphones; analyze the digital audio data to determine a location of the digital stethoscope; determine an optimal location of the digital stethoscope; if the digital stethoscope is not in the optimal location, generate instructions for moving the digital stethoscope toward the optimal location; and display the instructions for moving the digital stethoscope toward the optimal location.
3 and 13. (New) The apparatus of claim 2, wherein the processing device is further to: analyze the digital audio data to generate audio classification data associated with the digital audio data; and classify, based on the audio classification data, the digital audio data as being received from an audio source.
15. A method of detecting digital audio signals using a digital stethoscope, comprising: … analyzing the digital audio data using the processing device and generating audio classification data associated with the digital audio data; generating a database including the digital audio data and the audio classification data; analyzing the digital audio data to determine a location of the digital stethoscope with respect to an audio source…
2. The system of claim 1, wherein the mobile computing device is further to: analyze the digital audio data to generate audio classification data associated with the digital audio data; and classify, based on the audio classification data, the digital audio data as being received from an audio source.
4 and 14. (New) The apparatus of claim 3, wherein the audio source comprises one of a heart, a lung, a joint, an abdomen or other body part.
18. The method of claim 15, wherein the processing device classifies the digital audio data received from the plurality of microphones as coming from a human heart, a lung, a joint, or other human portion.
3. The system of claim 2, wherein the audio source comprises one of a heart, a lung, a joint, an abdomen or other body part.
5 and 15. (New) The apparatus of claim 3, wherein the processing device determines the location of the housing with respect to the audio source and determines the optimal location for the housing with respect to the audio source.
15. A method of detecting digital audio signals using a digital stethoscope, comprising: … determine a location of the digital stethoscope with respect to an audio source; determining an optimal location of the digital stethoscope with respect to the audio source…
4. The system of claim 2, wherein the mobile computing device determines the location of the digital stethoscope with respect to the audio source and determines the optimal location of the digital stethoscope with respect to the audio source.
6 and 16. (New) The apparatus of claim 3, wherein the processing device is further to: generate a database including the digital audio data and the audio classification data;
15. A method of detecting digital audio signals using a digital stethoscope, comprising: … generating a database including the digital audio data and the audio classification data…
5. The system of claim 2, wherein the mobile computing device is further to: generate a database including the digital audio data and the audio classification data.
7 and 17. (New) The apparatus of claim 3, wherein the processing device is further to: display a visual representation of the location of the housing with respect to the audio source.
20. The method of claim 15, wherein receiving the instructions for moving the digital stethoscope comprises: communicating with a portable display device to cause a display of the portable display device to display the instructions for moving the digital stethoscope toward the optimal location.
6. The system of claim 2, wherein the mobile computing device displays a visual representation of the location of the stethoscope housing with respect to the audio source.
8 and 18. (New) The apparatus of claim 2, wherein the processing device is further to: display graphical images representing the digital audio data.
20. The method of claim 15, wherein receiving the instructions for moving the digital stethoscope comprises: communicating with a portable display device to cause a display of the portable display device to display the instructions for moving the digital stethoscope toward the optimal location.
7. The system of claim 1, wherein the mobile computing device displays graphical images representing the digital audio data.
9 and 19. (New) The apparatus of claim 2, wherein the processing device is further to: classify the digital audio data as indicative of an abnormality; and transmit the classification to a portable electronic device.
19. The method of claim 15, wherein the processing device classifies the digital audio data received from the plurality of microphones as healthy or unhealthy.
8. The system of claim 1, wherein the mobile computing device is further to: classify the digital audio data as indicative of an abnormality; and transmit the classification to the portable electronic device.
10 and 20. (New) The apparatus of claim 9, wherein the processing device displays the classification.
20. The method of claim 15, wherein receiving the instructions for moving the digital stethoscope comprises: communicating with a portable display device to cause a display of the portable display device to display the instructions for moving the digital stethoscope toward the optimal location.
9. The system of claim 8, wherein the mobile computing device displays the classification.
11 and 21. (New) The apparatus of claim 3, wherein the processing device uses an artificial intelligence (AI) engine to classify the digital audio data as being received from an audio source.
17. The method of claim 15, wherein the processing device is in communication with an artificial intelligence (AI) engine and a database of digital audio data, and the processing device utilizes the AI engine and the database of digital audio data to classify the digital audio data received from the plurality of microphones.
10. The system of claim 2, wherein the mobile computing device uses an artificial intelligence (AI) engine to classify the digital audio data as being received from an audio source.
Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application is claiming an obvious wording variation of the claims of the patent application.
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.
Claim 6 and 16 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 6 and 16 end with a ‘;’. Appropriate correction is required.
However, if it is just having a period in the end. Having a database of the audio data and classification data would be inherent as the processor has to determine what is a heart sound, what is a murmurs, etc.. so there must be a database, which is just data in memory.
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 2-5, 7-8, 10-15, 17-18 and 20-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dong US PG-Pub 2011/0222697 in view of Darbari US PG-Pub 2018/0116626.
Regarding claim 2 and 12, Dong teaches a housing (Fig. 1-20); a plurality of microphones secured to the stethoscope housing (Fig. 2: M0-M3); a memory; and a processing device operatively coupled to the memory, the processing device to (Fig. 1-30): receive digital audio data from the plurality of microphones; analyze the digital audio data to determine a location of a sound ([0039]: classification of audio sound and using microphone TOA to determine location of the classify sound); determine an optimal location of the housing relative to the sound location ([0041]-[0044]: using TOA to determine sound location relative to the housing and the housing is not in optimal location so need to move); in response to determining that the housing is not in the optimal location, generate instructions for moving the housing toward the optimal location; and provide the instructions for moving the housing toward the optimal location ([0041]-[0044]: using TOA to determine sound location relative to the housing and the housing is not in optimal location so need to move by guiding the digital stethoscope toward the source).
Dong failed to explicitly teach determine an optimal location of the housing.
However, Darbari teaches determine an optimal location of the housing (Claim 15: guide user to move the device until optimal location is computed).
Dong and Darbari are analogous art because they are both in the same field of endeavor, namely audio devices. Therefore, 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, because determining the optimal location to capture a sound, will provide the best quality sound for examination.
Regarding claim 3 and 13, Dong teaches analyze the digital audio data to generate audio classification data associated with the digital audio data; and classify, based on the audio classification data, the digital audio data as being received from an audio source (Fig. 9 & [0035]-[0037]: the audio signal from the microphones are process and classify as being a S1-S4).
Regarding claim 4 and 14, Dong teaches wherein the audio source comprises one of a heart, a lung, a joint, an abdomen or other body part ([0035]: heart sound).
Regarding claim 5 and 15, Dong teaches wherein the processing device determines the location of the housing with respect to the audio source ([0041]-[0044]: using TOA to determine sound location relative to the housing and the housing is not in optimal location so need to move by guiding the digital stethoscope toward the source).
While Dong failed to explicitly teach determines the optimal location for the housing with respect to the audio source.
However, Darbari teaches determines the optimal location for the housing with respect to the audio source (Claim 15: guide user to move the device until optimal location is computed).
Dong and Darbari are analogous art because they are both in the same field of endeavor, namely audio devices. Therefore, 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, because determining the optimal location to capture a sound, will provide the best quality sound for examination.
Regarding claim 7 and 17, Dong failed to teach display a visual representation of the location of the housing with respect to the audio source.
However, Darbari teaches display a visual representation of the location of the housing with respect to the audio source ([0055]: the display of the device will indicate which direction the detector must be rotated or moved to be properly positioned).
Dong and Darbari are analogous art because they are both in the same field of endeavor, namely audio devices. Therefore, 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, because displaying information is an alternate equivalent way to provide information to a user.
Regarding claim 8 and 18, Dong teaches display graphical images representing the digital audio data (Fig. 5).
Regarding claim 10 and 20, the combination teaches wherein the processing device displays information (Dong, Fig. 5) and classification data (Darbari, [0006]: using AI to classification data). Dong failed to explicitly teach classification. However, displaying different type of information is an inventor choice as display can be program to display any information. Therefore, 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.
Regarding claim 11 and 21, Darbari teaches wherein the processing device uses an artificial intelligence (AI) engine to classify the digital audio data as being received from an audio source ([0006: using AI for classification data). Therefore, 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, because using AI is an alternate equivalent way to classify data.
Claim 9 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dong US PG-Pub 2011/0222697 in combination with Darbari US PG-Pub 2018/0116626 in view of Grass US PG-Pub 2011/0096936.
Regarding claim 9 and 19, the combination teaches wherein the processing device is further to: classify the digital audio data as indicative of an abnormality (Dong, [0035]: classify abnormality like murmurs)
The combination failed to teach transmit the classification to a portable electronic device.
Grass teaches transmit digital information to a portable electronic device (Fig. 11 & [0044]: converting analog signal to digital signal to be transmitted wirelessly to a portable unit-PU).
The combination and Grass are analogous art because they are both in the same field of endeavor, namely audio devices. Therefore, 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, because transmitting information externally is an inventor choice and no unexpected result will arise.
Conclusion
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/WILLIAM A JEREZ LORA/Primary Examiner, Art Unit 2695
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