DETAILED ACTION
Acknowledgements
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-2 are pending.
This action is Non-Final.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to because Figures 4 and 6 use white text which is improper. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sun et al. (Sun, US 2020/0186940).
Regarding claim 1, Sun teaches a biological sound detection device comprising:
a sound collecting space for a biological sound (see at least Figures 1-2 space for sound),
a film covering an opening of the sound collecting space (see at least Figures 1-2 element 200);
a microphone that is arranged in a rear chamber communicating with the sound collecting space and converts the biological sound into a biological sound signal (see at least Figures 1-2, elements 300 and 400, [0027]); and
a signal processing section for signal processing the biological sound signal (see at least [0004] intended use of processing structures for recorded data);
wherein the microphone is constituted of a capacitive-type microphone that generates a biological sound signal from a change in capacitance between a vibrating membrane that vibrates depending on a magnitude of a biological sound acquired in the sound collecting space and a backplate arranged opposite the vibrating membrane, and arranged so that a pressure applied to the film covering the opening of the sound collecting space passes through the backplate and is applied to the vibrating membrane and a displacement of the vibrating membrane caused by the pressure is initiated from a displacement in a direction away from the backplate (see at least Figures 1-2, 400 and 300, [0027]); and
wherein a volume of a space between the film covering the opening of the sound collecting space and the vibrating membrane is set so that the vibrating membrane does not come into contact with the backplate when the vibrating membrane displaces in a direction approaching the backplate and the displacement of the vibrating membrane becomes a displacement that can convert the biological sound into the biological sound signal (see at least Figures 1-2, [0026] space present, structures present, insulation appears to keep components from touching and meets the intended result/use of such structures in the claimed arrangement).
Regarding claim 2, Sun teaches wherein the biological sound detection device has a weight that allows the biological sound to be acquired in the sound collecting space by its own weight when the biological sound detection device is brought into contact with a body surface of a person to be auscultated (intended use/results are met by the required elements being taught in the art, see rejection of claim 1, see also [0003]-[0004]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Other art that could be used to reject the claims alone or in combination include: US 2006/0047215, US 2011/0204745, US 2012/0308037, US 2013/0195284, US 2014/0307909, US 8934649, US 2015/0304751, US 2015/0315013, US 9900677, US 11000212 which teach different microphone/acoustic/mems structures.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL R BLOCH whose telephone number is (571)270-3252. The examiner can normally be reached M-F 11-8 EST.
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.
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/MICHAEL R BLOCH/Primary Examiner, Art Unit 3791
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