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 .
Election/Restrictions
Restriction to one of the following inventions is required under 35 U.S.C. 121:
I. Claims 1-18, drawn to a method comprising enclosing a first housing and a second housing of an oximeter device to form an exterior structure with specific features, classified in A61B5/14552.
II. Claims 19-20, drawn to a method comprising enclosing a first housing, a second housing, and a third housing of an oximeter device to form exterior structures of the oximeter device(s) and a tray storage with compartments to hold the second and third housings, classified in A61B2562/242.
Inventions II and I are related as combination and subcombination. Inventions in this relationship are distinct if it can be shown that (1) the combination as claimed does not require the particulars of the subcombination as claimed for patentability, and (2) that the subcombination has utility by itself or in other combinations (MPEP § 806.05(c)). In the instant case, the combination as claimed does not require the particulars of the subcombination as claimed because the first housing of Invention I can only mate with a second housing but not a third housing as required by the combination. The subcombination has separate utility such as other features recited in claims 2-18.
The examiner has required restriction between combination and subcombination inventions. Where applicant elects a subcombination, and claims thereto are subsequently found allowable, any claim(s) depending from or otherwise requiring all the limitations of the allowable subcombination will be examined for patentability in accordance with 37 CFR 1.104. See MPEP § 821.04(a). Applicant is advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application.
Restriction for examination purposes as indicated is proper because all the inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because one or more of the following reasons apply:
the inventions have acquired a separate status in the art in view of their different classification
the inventions have acquired a separate status in the art due to their recognized divergent subject matter
the inventions require a different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different search strategies or search queries).
Applicant is advised that the reply to this requirement to be complete must include (i) an election of an invention to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected invention.
The election of an invention may be made with or without traverse. To reserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the restriction requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
During a telephone conversation with Melvin Chan on 12/01/2025, a provisional election was made without traverse to prosecute the invention I, claims 1-18. Affirmation of this election must be made by applicant in replying to this Office action. Claims 19-20 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Claim Objections
Claims 8-10 are objected to because of the following informalities:
In regard to claim 8, “interface” should be set forth “interfaces”.
In regard to claim 9, “interface” shou8ld be set forth “interfaces”.
In regard to claim 10, “at a display is” should be set forth “a display is at”.
Appropriate correction is required.
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 1-18 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. Claims that depend directly or indirectly from claim 1 is/are also rejected due to said dependency.
In regard to claim 1, first of all, the claim recites “the second connection interface will mate with the first connection interface to form an exterior structure of the oximeter device”. The word “will” is not a positive claim language and the step(s)/function(s) recited after “will” is/are considered as intended uses having in sufficient patentable weight(s). It is unclear whether the step(s)/function(s) of “mate with…to form…” is performed or not. Clarification is requested by amendments. It is suggested that “is configured to mate” or similar language should be set forth in order to positively recite the step(s)/function(s).
Secondly, claim 1 recites “the exterior structure of the oximeter devices” which lacks of sufficient antecedent basis. It is unclear how many oximeter device(s) is/ are formed. Clarification is requested by amendments.
Third, claim 1 recites “a first angle in a first turn direction… a second angle in a first turn direction… a third angle in a first turn direction”. It is unclear whether the first turn directions are the same or different. Clarification is requested by amendments. If they are the same, it is suggested that “the or said” should be set forth in the second and third appearances.
Fourth, claim 1 recites “the device is gripped” which lacks of sufficient antecedent basis. It is unclear whether the “device” refers to the “oximeter device” or other device(s). Clarification is requested by amendments.
Fifth, claim 1 recites “the thumb” which lacks of sufficient antecedent basis.
In regard to claim 3, the claim recites “the second housing comprises optical fiber that couple to the source and detector structures at the sensor tip”. First of all, “the source and detector structures” lacks of sufficient antecedent basis. Secondly, it is unclear whether an optical fiber that couples to the source and detector structures or optical fibers that couple to the source and detector structures. Clarification is requested by amendments.
In regard to claim 12, the claim recites “a second finger rest surface, coupled between the front side surface and the bottom face surface, wherein the first finger rest surface is a surface that extends at a fourth angle in the first turn direction relative to the front side surface”. It is unclear the “first finger rest surface” is intended to further limit the first finger rest surface recited in claim 1 or it is intended further limit the “second” finger rest surface. Clarification is requested by amendments. If the second, it is suggested that “first” should be replaced by “second”.
In regard to claim 16, the claim recites “a hand of a user”. It is unclear the limitations refers to the “a hand of a user” recited in claim 1 or it is a different hand of the same user or a hand of a different user. Clarification is requested by amendments.
In regard to claim 17, the claim recites “a position of a detector on a first side of the second line will have…”. The word “will” is not a positive claim language and the step(s)/function(s)/structure(s) recited after “will” is/are considered as intended uses having in sufficient patentable weight(s). Clarification is requested by amendments. It is suggested the word “will” should be deleted.
In regard to claim 16, the claim recites “the oximeter” which lacks of sufficient antecedent basis. It is unclear whether the limitation refers to “the oximeter device” recited in claim 1 or it is an additional oximeter. Clarification is requested by amendments.
It is noted that the following rejections are made as best understood, see the 35 USC 112(b) rejections above.
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.
Claims 1-6, 8-10 and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Hashimshony et al. (USPGPUB 2008/0287750) in view of Bechtel et al. (USPGPUB 2014/0046152 – applicant cited). In regard to claim 1, Hashimshony discloses a method (Figs. 2, 5b, 6a, 7a, and 8B and associated descriptions) comprising: enclosing in an elongated first housing a first portion of an optical device (first housing 20, Figs. 2 associated descriptions; an optical sensor, abstract and [0013]), wherein a first connection interface is at a distal end of the first housing (the structure for the screw/hinge and associated hole(s) located at the distal end of element 20, Fig. 2); and enclosing in an elongated second housing a second portion of the optical device (elements 22, Fig. 2 and associated descriptions), wherein a second connection interface is at a proximal end of the second housing (the structure for the screw/hinge and associated hole(s) located at the proximal end of element 22, Fig. 2) and a sensor tip at a distal end of the second housing (element 28, Fig. 2 and associated descriptions), and the second connection interface will mate with the first connection interface to form an exterior structure of the oximeter device (Figs. 2 and 8B and associated descriptions), the exterior structure of the oximeter devices comprises a body portion comprising a front side surface and a back side surface coupled together by first and second side surfaces (element 20 with front and back side surfaces defined in the reproduced Fig. 2 below), a tip portion (defined in the reproduced Fig. 2 below) comprising a first finger rest surface, coupled to the back side surface, wherein the first finger rest surface is a surface that extends at a first angle in a first turn direction relative to the back side surface (defined in the reproduced Fig. 2 below), a back tip surface, coupled between the first finger rest surface and a bottom face surface, wherein the back tip surface is a surface that extends at a second angle in a first turn direction relative to the first finger rest surface (defined in the reproduced Fig. 2 below), and the bottom face surface, coupled between the back tip surface and the front side surface, wherein the bottom face surface extends at a third angle in a first turn direction relative to the first finger rest surface (defined in the reproduced Fig. 2 below), and the bottom face surface comprises a sensor head (element 28 with elements 24 and 36, Fig. 4 and associated descriptions; [0042]), a first line, longitudinally extending along the back side surface of the body portion, does not pass through the tip portion defined in the reproduced Fig. 2 below, and when the device is gripped by a hand of a user, a webbing between the thumb and an index finger of the user will be against the first line that extends along the back side surface (intended uses; the optical device can be gripped in the same way).
[AltContent: textbox (first side surface)][AltContent: connector][AltContent: arrow][AltContent: textbox (back side surface)][AltContent: textbox (front side surface)][AltContent: arrow][AltContent: connector][AltContent: arrow][AltContent: textbox (Tip portion)][AltContent: connector][AltContent: textbox (first finger rest surface)][AltContent: arrow][AltContent: connector][AltContent: textbox (back tip surface)][AltContent: arrow][AltContent: connector][AltContent: textbox (bottom face surface )][AltContent: arrow][AltContent: connector][AltContent: textbox (First line on the back of this device)][AltContent: arrow][AltContent: textbox (second finger rest surface)][AltContent: arrow][AltContent: connector][AltContent: arrow][AltContent: textbox (front tip surface )][AltContent: connector]
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Reproduced Fig. 2 of Hashimshony with defined features
Hashimshony does not specifically disclose the optical sensor is a oximeter device.
Bechtel teaches an oximeter device comprises optical and electronic components integrated in a handheld housing with a tilt tip portion for contacting the surface of the tissue for tissue oximetry measurements (Figs. 1-7D and associated descriptions).
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 optical device (Hashimshony) to incorporate the optical and electronic components (as taught by Bechtel) in the first and second housings, since both devices are optical sensor systems and one of ordinary skill in the art would have recognized that the optical and electronic components as taught by Bechtel facilitate obtain tissue oxygenation information of the user. The rationale would have been to obtain tissue oxygenation information.
In regard to claim 2, Hashimshony as modified by Bechtel discloses the first housing comprises a battery and a display (display 138, Fig. 8B and associated descriptions of Hashimshony; battery 220 and display 125, Fig. 7D and associated descriptions of Bechtel).
In regard to claim 3, Hashimshony as modified by Bechtel discloses the second housing comprises optical fiber that couple to the source and detector structures at the sensor tip (fiber optic cables 435a and 435b and source structures 150a and 150b, Figs. 11A and 11B and associated descriptions; detectors 170 and associated fiber optic cables, [0151] of Bechtel).
In regard to claim 4, Hashimshony as modified by Bechtel discloses the second housing comprises at least one emitter that couples to at least one source structure at the sensor tip (elements 105a and 150b, Figs. 11A and 11B and associated descriptions of Bechtel).
In regard to claims 5-6, Hashimshony as modified by Bechtel discloses the second housing comprises photodetectors that couple to detector structures at the sensor tip (Figs. 9-10 and associated descriptions; [0083]; [0140] of Bechtel).
In regard to claim 8, Hashimshony as modified by Bechtel discloses the first and second connection interface pass optical fibers between the first and second housings ([0145] of Bechtel).
In regard to claim 9, Hashimshony as modified by Bechtel discloses the first and second connection interface pass electrical conductors between the first and second housings (elements 410a and 415a, Figs. 7D and 7E and associated descriptions of Bechtel).
In regard to claim 10, Hashimshony as modified by Bechtel discloses at a proximal end of the first housing (Fig. 8B and associated descriptions of Hashimshony; Fig. 7D and associated descriptions of Bechtel).
In regard to claim 12, Hashimshony as modified by Bechtel discloses tip portion comprises: a second finger rest surface, coupled between the front side surface and the bottom face surface, wherein the first finger rest surface is a surface that extends at a fourth angle in the first turn direction relative to the front side surface (see the reproduced Fig. 2 of Hashimshony above).
In regard to claim 13, Hashimshony as modified by Bechtel discloses the tip portion comprises: a front tip surface, coupled to the second finger rest surface, wherein the front tip surface extends at a fifth angle in a second turn direction relative to the first finger rest surface (see the reproduced Fig. 2 of Hashimshony above).
In regard to claim 14, Hashimshony as modified by Bechtel discloses a first finger position is associated with the second finger rest surface, and a first height of the first finger position above the bottom face surface is less than a second height of the second finger position above the bottom face surface (see the reproduced Fig. 2 of Hashimshony above).
In regard to claim 15, Hashimshony as modified by Bechtel discloses the body portion comprises a rectangular shape with rounded corners (Figs. 2, 5b, 6a, 7a, and 8B and associated descriptions of Hashimshony).
In regard to claim 16, Hashimshony as modified by Bechtel discloses when the device is gripped by a hand of a user, a middle finger of the user will be against the first finger rest surface, a thumb of the user will be against the second finger rest surface (intended uses; the device can be gripped in the same way).
In regard to claim 17, Hashimshony as modified by Bechtel discloses the sensor tip comprises: a plurality of sources, the sources are arranged along a second line; and a plurality of detectors, wherein there are an equal number of detectors on either side of the second line, and a position of a detector on a first side of the second line will have point symmetry with another detector on a second side of the second line about a selected point on the second line (intended uses having in sufficient patentable weight(s); Figs. 9-10 and associated descriptions of Bechtel).
In regard to claim 18, Hashimshony as modified by Bechtel discloses the exterior structure of the oximeter comprises a joint line between the first housing and second housing when mated, and the joint line comprises surfaces of the first housing and second housing that are flush with each other (flush joint surfaces, see the reproduced Fig. 2 of Hashimshony above).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over the combination with Hashimshony and Bechtel as applied to claims 1-6, 8-10, and 12-18 above, and further in view of Mao et al. (USPGPUB 2008/0319290 – applicant cited). In regard to claim 7, Hashimshony as modified by Bechtel discloses forming source and detector structures on the sensor tip (Figs. 9-10 and associated descriptions of Bechtel) but does not specifically disclose forming an epoxy layer on the source and detector structures.
Mao teaches a tissue oximeter comprises a sensor tip including fiber optic cables that run to the sensor openings on the bottom surface of the tip are encased in or sealed using an epoxy, Figs. 7-11 and associated descriptions; [0240]) and the epoxy (or other material) holds the fibers in place, prevents damage to the fibers, and prevents detaching of the fibers from the sensor openings during use, [0240]).
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 optical device (Hashimshony as modified by Bechtel) to incorporate the epoxy as taught by Mao, since both devices are oximeter devices with fiber optic cables, one of ordinary skill in the art would have recognized that the epoxy (or other material) holds the fibers in place, prevents damage to the fibers, and prevents detaching of the fibers from the sensor openings during use (see Mao). The rationale would have been to better hold the fiber in the sensor tip and prevent damage or detaching of the fibers.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over the combination with Hashimshony and Bechtel as applied to claims 1-6, 8-10, and 12-18 above, and further in view of Geddes et al. (USPGPUB 2003/0036690). In regard to claim 11, Hashimshony as modified by Bechtel discloses the first connection interface mates with the second connection interface a hinge (Fig. 2 of Hashimshony) and the angle alpha is adjustable from 0 degrees to more than 10 degree (0 degree, [0034]; more than 10 degree, [0025] of Hashimshony) but does not specifically disclose they are mated via a latch.
Geddes teaches an oximeter comprises a hinge for connecting two portions of a housing (hinge 38 and portions 32/34, Fig. 2 and [0022]) and the two portions are held connected together with a latch, [0024]).
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 optical device (Hashimshony as modified by Bechtel) to incorporate the latch as taught by Geddes, since both devices are oximetry systems and one of ordinary skill in the art would have recognized that the latch facilitates holding hinged portions together (see Geddes). The rationale would have been to holding/ locking the two housing at 0 degrees before use in order to prevent damage due to accidental rotation.
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).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-2 and 10-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6-10, 13-14, and 17-19 of U.S. Patent No. 10,575,763 in view of Levin (USPN 6,006,120 – applicant cited). In regard to claims 1-2 and 10-18 of present application, claims 1, 6-10, 13-14, and 17-19 of ‘763 recite all the claimed limitations except enclosing in an elongated first housing a first portion of an oximeter device, wherein a first connection interface is at a distal end of the first housing; and enclosing in an elongated second housing a second portion of the oximeter device, wherein a second connection interface is at a proximal end of the second housing and a sensor tip at a distal end of the second housing, and the second connection interface will mate with the first connection interface to form an exterior structure of the oximeter device; the first connection interface mates with the second connection interface via a latch; the exterior structure of the oximeter comprises a joint line between the first housing and second housing when mated, and the joint line comprises surfaces of the first housing and second housing that are flush with each other.
Levin teaches an oximeter (Figs. 1-10 and associated descriptions) comprises a first portion of an oximeter device enclosed in an elongated first housing (element 20 and enclosed components, Fig. 3 and associated descriptions), wherein a first connection interface is at a distal end of the first housing (elements 42/56/90, Fig. 3 and associated descriptions); and a second portion of the oximeter device enclosed in an elongated second housing (element 80 and enclosed components, Fig. 3 and 9 and associated descriptions) wherein a second connection interface is at a proximal end of the second housing (elements 70/79/52, Fig. 3 and associated descriptions) and a sensor tip at a distal end of the second housing (Fig. 3 and 9 and associated descriptions), and the second connection interface will mate with the first connection interface to form an exterior structure of the oximeter device (Figs. 1-3 and 10 and associated descriptions); the first connection interface mates with the second connection interface via a latch (elements 79/90, Fig. 3 and associated descriptions); the exterior structure of the oximeter comprises a joint line between the first housing and second housing when mated, and the joint line comprises surfaces of the first housing and second housing that are flush with each other (the joint portions between elements 20/80 with a plurality flush connecting surfaces, Figs. 1-3 and 10 and associated descriptions).
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 (claims 1, 6-10, 13-14, and 17-19 of ‘763) to incorporate the features and associated elements/functions/configurations as taught by Levin, since both devices are oximetry systems and one of ordinary skill in the art would have recognized that the two-piece housing and associated connection features as taught by Levin facilitate replacing the sensor module in the event of component failure (see at least abstract of Levin). The rationale would have been to replacing a new sensor module when the current module has component failure.
Claims 1-2 and 10-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9, 12-13, 15-16, 22-24, and 30-31 of U.S. Patent No. 11,957,461 in view of Levin. In regard to claims 1-2 and 10-18 of present application, claims 11-9, 12-13, 15-16, 22-24, and 30-31 of ‘461 recite all the claimed limitations except enclosing in an elongated first housing a first portion of an oximeter device, wherein a first connection interface is at a distal end of the first housing; and enclosing in an elongated second housing a second portion of the oximeter device, wherein a second connection interface is at a proximal end of the second housing and a sensor tip at a distal end of the second housing, and the second connection interface will mate with the first connection interface to form an exterior structure of the oximeter device; the first connection interface mates with the second connection interface via a latch; the exterior structure of the oximeter comprises a joint line between the first housing and second housing when mated, and the joint line comprises surfaces of the first housing and second housing that are flush with each other.
Levin teaches an oximeter (Figs. 1-10 and associated descriptions) comprises a first portion of an oximeter device enclosed in an elongated first housing (element 20 and enclosed components, Fig. 3 and associated descriptions), wherein a first connection interface is at a distal end of the first housing (elements 42/56/90, Fig. 3 and associated descriptions); and a second portion of the oximeter device enclosed in an elongated second housing (element 80 and enclosed components, Fig. 3 and 9 and associated descriptions) wherein a second connection interface is at a proximal end of the second housing (elements 70/79/52, Fig. 3 and associated descriptions) and a sensor tip at a distal end of the second housing (Fig. 3 and 9 and associated descriptions), and the second connection interface will mate with the first connection interface to form an exterior structure of the oximeter device (Figs. 1-3 and 10 and associated descriptions); the first connection interface mates with the second connection interface via a latch (elements 79/90, Fig. 3 and associated descriptions); the exterior structure of the oximeter comprises a joint line between the first housing and second housing when mated, and the joint line comprises surfaces of the first housing and second housing that are flush with each other (the joint portions between elements 20/80 with a plurality flush connecting surfaces, Figs. 1-3 and 10 and associated descriptions).
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 (claims 1-9, 12-13, 15-16, 22-24, and 30-31 of ‘461) to incorporate the features and associated elements/functions/configurations as taught by Levin, since both devices are oximetry systems and one of ordinary skill in the art would have recognized that the two-piece housing and associated connection features as taught by Levin facilitate replacing the sensor module in the event of component failure (see at least abstract of Levin). The rationale would have been to replacing a new sensor module when the current module has component failure.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHU CHUAN LIU whose telephone number is (571)270-5507. The examiner can normally be reached M-Th (6am-6pm).
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/CHU CHUAN LIU/Primary Examiner, Art Unit 3791