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.
No claim limitation has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-2, 5-6, 8-18, 21-22, and 24-32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Banet et al. (US Publication No. 2022/0095940 A1) (cited by Applicant), further in view of Jia et al. (US Publication No. 2024/0335126 A1).
Regarding claim 1, Banet et al. discloses a device for measuring intravascular pressure, the device comprising:
a housing (20) configured to be secured to a patient's body (see Figure 1 and [0026] – “The catheter includes a housing, worn close to or on the patient's body, and typically on their arm or hand, that encloses a PVP-conditioning circuit board featuring complex circuitry that amplifies, filters, and digitizes analog PVP waveforms”);
an output device (see [0026] – “In this way, the circuit board can integrate with a remote processor (e.g., server, gateway, tablet, smartphone, computer, infusion pump, or some combination thereof) that can display information from the IVDS, generate alarms and alerts related to the patient's physiology and IV system, and collectively analyze complementary information from other patient-worn devices, e.g., a patch sensor”);
a pressure sensor (97) configured to obtain pressure data (see [0024] – “To cure these and other deficiencies, the IVDS features embedded impedance, temperature, and motion sensors, and an augmented, improved PVP sensor featuring a circuit board located in close proximity to an in-dwelling venous catheter that amplifies, filters, and digitizes PVP waveforms immediately after a pressure sensor detects them (e.g., directly on the patient's body)”);
a position sensor configured to obtain position data (see [0026] – “A motion sensor (e.g., an accelerometer and/or gyroscope) within the IVDS characterizes the patient's motion to eliminate false negative and positive readings while simultaneously characterizing the patient's posture (e.g., standing, sitting, lying supine) and activity level (e.g., walking, sleeping, falling)”);
at least one processor (94) in communication with the pressure sensor and the position sensor (see [0026] – “The catheter includes a housing, worn close to or on the patient's body, and typically on their arm or hand, that encloses a PVP-conditioning circuit board featuring complex circuitry that amplifies, filters, and digitizes analog PVP waveforms”);
at least one tangible, non-transitory computer-readable medium (see [0160] – “The electronics module 94 features a printed circuit board that, in turn, supports various electronic components (e.g., circuits for signal amplification and power management; an accelerometer for characterizing patient motion; a microprocessor and associated memory for processing sensor-generated information; a wireless transmitter for transmitting information to an external display; and a rechargeable battery for powering the system) that enable the above-described measurements”); and
program instructions stored on the at least one tangible, non-transitory computer- readable medium that, when executed by the at least one processor, cause the device to perform functions comprising:
based on pressure data received from the pressure sensor, determine a blood pressure of the patient and cause the output device to indicate to the user the blood pressure of the patient (see [0029] – “Given the above, in one aspect the invention provides a system for determining an arterial BP value (i.e., SYS, DIA, and MAP) from a patient. The system features: 1) a catheter that inserts into the patient's venous system; 2) a pressure sensor connected to the catheter that measures physiological signals indicating a pressure in the patient's venous system; and 3) a processing system configured to: i) receive the physiological signals from the pressure sensor; and ii) process the physiological signals with an algorithm to determine the arterial BP value” and [0033] – “Additionally, the wireless transceiver can also wirelessly transmit the arterial BP value to an external display system (e.g., an infusion pump, a remote display, a computer, a mobile phone, or a medical records system)”).
It is noted Banet et al. does not specifically teach the output device is carried by the housing or based on position data received from the position sensor, indicate to a user that the device and/or patient is in position for a pressure measurement or that the device and/or patient should be repositioned. However, Jia et al. teaches an output device (117) carried by the housing (100) (see Figure 1 and [0080] – “As shown in FIG. 1, a structure of the wearable device 100 includes a controller 110, a photoplethysmography (PPG) sensor 111, a pressure sensor 112, an air pump 113, an accelerometer (ACC) sensor 114, an airbag 115, a clock 116, a display 117, a motor 118, a gyroscope sensor 119, and a memory 120”) and based on position data received from the position sensor, indicate to a user that the device and/or patient is in position for a pressure measurement or that the device and/or patient should be repositioned (see [0060] – “For example, the wearable device displays prompt information to prompt the user to raise the wrist to be level with the heart, and detects an angle between the wearable device and a horizontal plane by using a gyroscope sensor. When the angle between the wearable device and the horizontal plane meets a first condition, the blood pressure of the user is measured by using the oscillometric method. When the included angle between the wearable device and the horizontal plane does not meet a first condition, prompt information is sent to the user, to inform the user that current measurement is ineffective. The first condition is preset based on a posture used for blood pressure measurement”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Banet et al. to include the output device is carried by the housing and based on position data received from the position sensor, indicate to a user that the device and/or patient is in position for a pressure measurement or that the device and/or patient should be repositioned, as disclosed in Jia et al., so as to minimize a height difference between a part of the user on which the device is worn and the heart so that a blood pressure measurement result is more accurate (see Jia et al.: [0059]).
Regarding claim 2, Banet et al. teaches the position sensor is configured to measure the position of the housing with three degrees of freedom (see [0031] – “The processing system can further include a motion-detecting sensor, such as an accelerometer (and typically a 3-axis accelerometer) or gyroscope”).
Regarding claim 5, Banet et al. teaches the position sensor comprises an accelerometer (see [0031] – “The processing system can further include a motion-detecting sensor, such as an accelerometer (and typically a 3-axis accelerometer) or gyroscope”).
Regarding claim 6, Banet et al. teaches the position sensor comprises a gyroscope (see [0031] – “The processing system can further include a motion-detecting sensor, such as an accelerometer (and typically a 3-axis accelerometer) or gyroscope”).
Regarding claim 8, Banet et al. teaches the position sensor comprises an inertial measurement unit (see [0031] – “The processing system can further include a motion-detecting sensor, such as an accelerometer (and typically a 3-axis accelerometer) or gyroscope”).
Regarding claim 9, Banet et al. in view of Jia et al. teaches the output device includes a display carried by the housing (see Jia et al.: Figure 1 and [0080] – “As shown in FIG. 1, a structure of the wearable device 100 includes a controller 110, a photoplethysmography (PPG) sensor 111, a pressure sensor 112, an air pump 113, an accelerometer (ACC) sensor 114, an airbag 115, a clock 116, a display 117, a motor 118, a gyroscope sensor 119, and a memory 120”), and wherein the processor is coupled to display and configured to output the determined blood pressure on the display (see Banet et al.: [0033] – “Additionally, the wireless transceiver can also wirelessly transmit the arterial BP value to an external display system (e.g., an infusion pump, a remote display, a computer, a mobile phone, or a medical records system)” and Jia et al.: [0014] – “displaying a second user interface after the first measurement operation, where the second user interface includes a first blood pressure value”).
Regarding claim 10, Banet et al. in view of Jia et al. teaches the determined blood pressure is output as a number (see Banet et al.: [0033] – “Additionally, the wireless transceiver can also wirelessly transmit the arterial BP value to an external display system (e.g., an infusion pump, a remote display, a computer, a mobile phone, or a medical records system)” and Jia et al.: [0014] – “displaying a second user interface after the first measurement operation, where the second user interface includes a first blood pressure value”).
Regarding claim 11, Banet et al. in view of Jia et al. teaches the determined blood pressure is not displayed as a waveform (see Banet et al.: [0033] – “Additionally, the wireless transceiver can also wirelessly transmit the arterial BP value to an external display system (e.g., an infusion pump, a remote display, a computer, a mobile phone, or a medical records system)” and Jia et al.: [0014] – “displaying a second user interface after the first measurement operation, where the second user interface includes a first blood pressure value”).
Regarding claim 12, Jia et al. teaches the processor is configured to output instructions for a user on the display (see [0060] – “For example, the wearable device displays prompt information to prompt the user to raise the wrist to be level with the heart, and detects an angle between the wearable device and a horizontal plane by using a gyroscope sensor. When the angle between the wearable device and the horizontal plane meets a first condition, the blood pressure of the user is measured by using the oscillometric method. When the included angle between the wearable device and the horizontal plane does not meet a first condition, prompt information is sent to the user, to inform the user that current measurement is ineffective. The first condition is preset based on a posture used for blood pressure measurement”).
Regarding claim 13, Banet et al. teaches the blood pressure comprises mean venous pressure (see [0023] – “In particular, it would be beneficial if the IVDS could measure PVP signals—which result from the patient's venous system—and convert them into arterial BP values (e.g., SYS, MAP, DIA)”).
Regarding claim 14, Banet et al. teaches the blood pressure comprises peripheral venous pressure PVP (see [0023] – “In particular, it would be beneficial if the IVDS could measure PVP signals—which result from the patient's venous system—and convert them into arterial BP values (e.g., SYS, MAP, DIA)”).
Regarding claim 15, Banet et al. teaches the processor is disposed within the housing (see [0026] – “The catheter includes a housing, worn close to or on the patient's body, and typically on their arm or hand, that encloses a PVP-conditioning circuit board featuring complex circuitry that amplifies, filters, and digitizes analog PVP waveforms”).
Regarding claim 16, it is noted Banet et al. does not specifically teach an input device carried by the housing and coupled to the processor. However, Jia et al. teaches an input device carried by the housing and coupled to the processor (see [0008] – “After the user adjusts the posture, the user may confirm, by tapping the first operation, that the posture adjustment is completed, so that the wearable device can perform blood pressure measurement” and [0073] – “For example, In some embodiments, if the user is in the night work/learning/entertainment state or the like, before performing blood pressure measurement on the user, the wearable device may display prompt information “Please confirm that the wrist position is level with the heart” to prompt the user to adjust the blood pressure measurement posture, and after the user taps a corresponding confirmation button and confirms that the posture adjustment is completed, the wearable device continues to perform blood pressure measurement on the user”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Banet et al. to include an input device carried by the housing and coupled to the processor, as disclosed in Jia et al., so as to allow the user to confirm that they have adjusted their posture (see Jia et al.: [0008]).
Regarding claim 17, Banet et al. discloses a device for measuring intravascular pressure, the device comprising:
a housing (20) configured to be secured to a patient's body (see Figure 1 and [0026] – “The catheter includes a housing, worn close to or on the patient's body, and typically on their arm or hand, that encloses a PVP-conditioning circuit board featuring complex circuitry that amplifies, filters, and digitizes analog PVP waveforms”);
an output device (see [0026] – “In this way, the circuit board can integrate with a remote processor (e.g., server, gateway, tablet, smartphone, computer, infusion pump, or some combination thereof) that can display information from the IVDS, generate alarms and alerts related to the patient's physiology and IV system, and collectively analyze complementary information from other patient-worn devices, e.g., a patch sensor”);
a pressure sensor (97) configured to obtain pressure data (see [0024] – “To cure these and other deficiencies, the IVDS features embedded impedance, temperature, and motion sensors, and an augmented, improved PVP sensor featuring a circuit board located in close proximity to an in-dwelling venous catheter that amplifies, filters, and digitizes PVP waveforms immediately after a pressure sensor detects them (e.g., directly on the patient's body)”);
a position sensor configured to obtain position data (see [0026] – “A motion sensor (e.g., an accelerometer and/or gyroscope) within the IVDS characterizes the patient's motion to eliminate false negative and positive readings while simultaneously characterizing the patient's posture (e.g., standing, sitting, lying supine) and activity level (e.g., walking, sleeping, falling)”);
at least one processor in communication with the pressure sensor and the position sensor (see [0026] – “The catheter includes a housing, worn close to or on the patient's body, and typically on their arm or hand, that encloses a PVP-conditioning circuit board featuring complex circuitry that amplifies, filters, and digitizes analog PVP waveforms”);
at least one tangible, non-transitory computer-readable medium (see [0160] – “The electronics module 94 features a printed circuit board that, in turn, supports various electronic components (e.g., circuits for signal amplification and power management; an accelerometer for characterizing patient motion; a microprocessor and associated memory for processing sensor-generated information; a wireless transmitter for transmitting information to an external display; and a rechargeable battery for powering the system) that enable the above-described measurements”); and
program instructions stored on the at least one tangible, non-transitory computer- readable medium that, when executed by the at least one processor, cause the device to perform functions comprising:
determine a blood pressure of the patient based on the pressure data and the position data (see [0029] – “Given the above, in one aspect the invention provides a system for determining an arterial BP value (i.e., SYS, DIA, and MAP) from a patient. The system features: 1) a catheter that inserts into the patient's venous system; 2) a pressure sensor connected to the catheter that measures physiological signals indicating a pressure in the patient's venous system; and 3) a processing system configured to: i) receive the physiological signals from the pressure sensor; and ii) process the physiological signals with an algorithm to determine the arterial BP value”); and
output the blood pressure via the output device (see [0033] – “Additionally, the wireless transceiver can also wirelessly transmit the arterial BP value to an external display system (e.g., an infusion pump, a remote display, a computer, a mobile phone, or a medical records system)”).
It is noted Banet et al. does not specifically teach the output device is carried by the housing. However, Jia et al. teaches an output device (117) carried by the housing (100) (see Figure 1 and [0080] – “As shown in FIG. 1, a structure of the wearable device 100 includes a controller 110, a photoplethysmography (PPG) sensor 111, a pressure sensor 112, an air pump 113, an accelerometer (ACC) sensor 114, an airbag 115, a clock 116, a display 117, a motor 118, a gyroscope sensor 119, and a memory 120”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Banet et al. to include the output device is carried by the housing, as disclosed in Jia et al., so as to minimize a height difference between a part of the user on which the device is worn and the heart so that a blood pressure measurement result is more accurate (see Jia et al.: [0059]).
Regarding claim 18, Banet et al. teaches the position sensor is configured to measure the position of the housing with three degrees of freedom (see [0031] – “The processing system can further include a motion-detecting sensor, such as an accelerometer (and typically a 3-axis accelerometer) or gyroscope”).
Regarding claim 21, Banet et al. teaches the position sensor comprises an accelerometer (see [0031] – “The processing system can further include a motion-detecting sensor, such as an accelerometer (and typically a 3-axis accelerometer) or gyroscope”).
Regarding claim 22, Banet et al. teaches the position sensor comprises a gyroscope (see [0031] – “The processing system can further include a motion-detecting sensor, such as an accelerometer (and typically a 3-axis accelerometer) or gyroscope”).
Regarding claim 24, Banet et al. teaches the position sensor comprises an inertial measurement unit (see [0031] – “The processing system can further include a motion-detecting sensor, such as an accelerometer (and typically a 3-axis accelerometer) or gyroscope”).
Regarding claim 25, Banet et al. in view of Jia et al. teaches the output device includes a display carried by the housing (see Jia et al.: Figure 1 and [0080] – “As shown in FIG. 1, a structure of the wearable device 100 includes a controller 110, a photoplethysmography (PPG) sensor 111, a pressure sensor 112, an air pump 113, an accelerometer (ACC) sensor 114, an airbag 115, a clock 116, a display 117, a motor 118, a gyroscope sensor 119, and a memory 120”), and wherein the processor is coupled to display and configured to output the determined blood pressure on the display (see Banet et al.: [0033] – “Additionally, the wireless transceiver can also wirelessly transmit the arterial BP value to an external display system (e.g., an infusion pump, a remote display, a computer, a mobile phone, or a medical records system)” and Jia et al.: [0014] – “displaying a second user interface after the first measurement operation, where the second user interface includes a first blood pressure value”).
Regarding claim 26, Banet et al. in view of Jia et al. teaches the determined blood pressure is output as a number (see Banet et al.: [0033] – “Additionally, the wireless transceiver can also wirelessly transmit the arterial BP value to an external display system (e.g., an infusion pump, a remote display, a computer, a mobile phone, or a medical records system)” and Jia et al.: [0014] – “displaying a second user interface after the first measurement operation, where the second user interface includes a first blood pressure value”).
Regarding claim 27, Banet et al. in view of Jia et al. teaches the determined blood pressure is not displayed as a waveform (see Banet et al.: [0033] – “Additionally, the wireless transceiver can also wirelessly transmit the arterial BP value to an external display system (e.g., an infusion pump, a remote display, a computer, a mobile phone, or a medical records system)” and Jia et al.: [0014] – “displaying a second user interface after the first measurement operation, where the second user interface includes a first blood pressure value”).
Regarding claim 28, Jia et al. teaches the processor is configured to output instructions for a user on the display (see [0060] – “For example, the wearable device displays prompt information to prompt the user to raise the wrist to be level with the heart, and detects an angle between the wearable device and a horizontal plane by using a gyroscope sensor. When the angle between the wearable device and the horizontal plane meets a first condition, the blood pressure of the user is measured by using the oscillometric method. When the included angle between the wearable device and the horizontal plane does not meet a first condition, prompt information is sent to the user, to inform the user that current measurement is ineffective. The first condition is preset based on a posture used for blood pressure measurement”).
Regarding claim 29, Banet et al. teaches the blood pressure comprises mean venous pressure (see [0023] – “In particular, it would be beneficial if the IVDS could measure PVP signals—which result from the patient's venous system—and convert them into arterial BP values (e.g., SYS, MAP, DIA)”).
Regarding claim 30, Banet et al. teaches the blood pressure comprises peripheral venous pressure PVP (see [0023] – “In particular, it would be beneficial if the IVDS could measure PVP signals—which result from the patient's venous system—and convert them into arterial BP values (e.g., SYS, MAP, DIA)”).
Regarding claim 31, Banet et al. teaches the processor is disposed within the housing (see [0026] – “The catheter includes a housing, worn close to or on the patient's body, and typically on their arm or hand, that encloses a PVP-conditioning circuit board featuring complex circuitry that amplifies, filters, and digitizes analog PVP waveforms”).
Regarding claim 32, it is noted Banet et al. does not specifically teach an input device carried by the housing and coupled to the processor. However, Jia et al. teaches an input device carried by the housing and coupled to the processor (see [0008] – “After the user adjusts the posture, the user may confirm, by tapping the first operation, that the posture adjustment is completed, so that the wearable device can perform blood pressure measurement” and [0073] – “For example, In some embodiments, if the user is in the night work/learning/entertainment state or the like, before performing blood pressure measurement on the user, the wearable device may display prompt information “Please confirm that the wrist position is level with the heart” to prompt the user to adjust the blood pressure measurement posture, and after the user taps a corresponding confirmation button and confirms that the posture adjustment is completed, the wearable device continues to perform blood pressure measurement on the user”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Banet et al. to include an input device carried by the housing and coupled to the processor, as disclosed in Jia et al., so as to allow the user to confirm that they have adjusted their posture (see Jia et al.: [0008]).
Claim(s) 3-4, 7, 19-20, and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Banet et al. and Jia et al., further in view of Munoz et al. (US Patent No. 10,548,487 B2).
Regarding claims 3 and 19, it is noted neither Banet et al. nor Jia et al. specifically teach the position sensor is configured to measure the position of the housing with six degrees of freedom. However, Munoz et al. teaches the position sensor (412) is configured to measure the position of the housing with six degrees of freedom (see col. 9, line 59-col. 10, line 12 – “The 9-axis sensor 412 includes a motion sensor that can detect movements with high accuracy. The 9-axis sensor includes a 3-axis gyroscope, a 3-axis accelerometer, and a 3-axis magnetometer (sometimes referred to as a 3-axis compass). The gyroscope and accelerometer provide information about accelerations in all three directions, and rotations around each axis. Gravity provides a background direction from the accelerometer, so we can do a pretty good job of tracking short term movements. However, in order to track the real position and orientation in space, the 6-axis sensor is not sufficient because small errors build up in each axis and over time these errors can add up to a drift in the absolute direction. This problem is overcome by adding one more absolute directional sensor—a 3-axis magnetometer. The extra magnetic field information allows the sensing algorithms to compensate for small drifts over much longer periods of time, so the absolute change in position and orientation can be tracked much more accurately. Therefore, the 9-axis sensor 412 allows for measure and tracking of location and orientation precisely during very complex movements”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Banet et al. and Jia et al. to include the position sensor is configured to measure the position of the housing with six degrees of freedom, as disclosed in Munoz et al., so as to compensate for small drifts over longer periods of time to allow tracking of location and orientation precisely during very complex movements (see Munoz et al.: col. 10, lines 6-12).
Regarding claims 4 and 20, it is noted neither Banet et al. nor Jia et al. specifically teach the position sensor is configured to measure the position of the housing with nine degrees of freedom. However, Munoz et al. teaches the position sensor (412) is configured to measure the position of the housing with nine degrees of freedom (see col. 9, line 59-col. 10, line 12 – “The 9-axis sensor 412 includes a motion sensor that can detect movements with high accuracy. The 9-axis sensor includes a 3-axis gyroscope, a 3-axis accelerometer, and a 3-axis magnetometer (sometimes referred to as a 3-axis compass). The gyroscope and accelerometer provide information about accelerations in all three directions, and rotations around each axis. Gravity provides a background direction from the accelerometer, so we can do a pretty good job of tracking short term movements. However, in order to track the real position and orientation in space, the 6-axis sensor is not sufficient because small errors build up in each axis and over time these errors can add up to a drift in the absolute direction. This problem is overcome by adding one more absolute directional sensor—a 3-axis magnetometer. The extra magnetic field information allows the sensing algorithms to compensate for small drifts over much longer periods of time, so the absolute change in position and orientation can be tracked much more accurately. Therefore, the 9-axis sensor 412 allows for measure and tracking of location and orientation precisely during very complex movements”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Banet et al. and Jia et al. to include the position sensor is configured to measure the position of the housing with nine degrees of freedom, as disclosed in Munoz et al., so as to compensate for small drifts over longer periods of time to allow tracking of location and orientation precisely during very complex movements (see Munoz et al.: col. 10, lines 6-12).
Regarding claims 7 and 23, it is noted neither Banet et al. nor Jia et al. specifically teach the position sensor comprises a magnetometer. However, Munoz et al. teaches the position sensor (412) comprises a magnetometer (see col. 9, line 59-col. 10, line 12 – “The 9-axis sensor 412 includes a motion sensor that can detect movements with high accuracy. The 9-axis sensor includes a 3-axis gyroscope, a 3-axis accelerometer, and a 3-axis magnetometer (sometimes referred to as a 3-axis compass). The gyroscope and accelerometer provide information about accelerations in all three directions, and rotations around each axis. Gravity provides a background direction from the accelerometer, so we can do a pretty good job of tracking short term movements. However, in order to track the real position and orientation in space, the 6-axis sensor is not sufficient because small errors build up in each axis and over time these errors can add up to a drift in the absolute direction. This problem is overcome by adding one more absolute directional sensor—a 3-axis magnetometer. The extra magnetic field information allows the sensing algorithms to compensate for small drifts over much longer periods of time, so the absolute change in position and orientation can be tracked much more accurately. Therefore, the 9-axis sensor 412 allows for measure and tracking of location and orientation precisely during very complex movements”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Banet et al. and Jia et al. to include the position sensor comprises a magnetometer, as disclosed in Munoz et al., so as to compensate for small drifts over longer periods of time to allow tracking of location and orientation precisely during very complex movements (see Munoz et al.: col. 10, lines 6-12).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVIN B HENSON whose telephone number is (571)270-5340. The examiner can normally be reached M-F 7 AM ET - 5 PM ET.
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, Robert (Tse) Chen can be reached at (571) 272-3672. 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.
/DEVIN B HENSON/Primary Examiner, Art Unit 3791
Prosecution Insights