DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the first conductive layer of the sensor assembly including a radiometer comprising the antenna aperture that is configured to receive microwave signals from tissue, as recited in lines 5-7 of claim 1, must be shown or the feature canceled from the claim (the original specification [e.g., paragraphs 18, 55 of the published application] discloses that the conductive layer and the antenna aperture (210) are a part of the sensor assembly (200), and [e.g., paragraphs 18, 79 of the published application] discloses that the radiometer (508) is not included in the conductive layer of the sensor assembly (200) and that the radiometer (508) does not comprise the antenna aperture (210)). No new matter should be entered.
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 Objections
Claim 1 is objected to because of the following informalities:
In claim 1, there is lack of antecedent basis in the specification for the first conductive layer of the sensor assembly including a radiometer comprising the antenna aperture that is configured to receive microwave signals from tissue, as recited in lines 5-7 (the original specification [e.g., paragraphs 18, 55 of the published application] discloses that the conductive layer and the antenna aperture (210) are a part of the sensor assembly (200), and [e.g., paragraphs 18, 79 of the published application] discloses that the radiometer (508) is not included in the conductive layer of the sensor assembly (200) and that the radiometer (508) does not comprise the antenna aperture (210)).
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-8 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement.
Referring to claim 1, the claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor, at the time the application was filed, had possession of the claimed invention.
Claim 1 states that the first conductive layer of the sensor assembly includes a radiometer comprising the antenna aperture that is configured to receive microwave signals from tissue (lines 5-7). However, the original disclosure [e.g., figure 2A and paragraphs 18, 55 of the published application] discloses that the conductive layer and the antenna aperture (210) are a part of the sensor assembly (200), and [e.g., figure 8A and paragraphs 18, 79 of the published application] discloses that the radiometer (508) is not included in the conductive layer of the sensor assembly (100/200) and that the radiometer (508) does not comprise the antenna aperture (210)).
Claims 2-8 are rejected for being dependent on a rejected base claim.
Allowable Subject Matter
Claims 1-8 would be allowable if rewritten or amended to overcome the rejections under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, and the objections set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record does not disclose or suggest the following in combination with the remaining limitations of the claims:
A sensor assembly for non-invasive temperature measurement, wherein the inductor has a self-resonant frequency, and wherein a parasitic capacitance of the inductor at the self-resonant frequency is configured to provide impedance matching for the antenna aperture (claim 1).
Response to Arguments
Applicant's response filed 9/17/26 has been fully considered but is not persuasive.
Applicant’s argues (pages 7-9 of the response) that the election of species requirement between Species 1 (corresponding to claims 1-8) and Species 2 (corresponding to claims 9-14) is improper because independent claim 1 recites both a thermistor configured to measure skin temperature and a radiometer to which the coaxial connector transmits microwave signals, and independent claim 9 recites both a thermistor configured to measure skin temperature and a radiometer and because the specification disclosed that a thermistor and a radiometer are used together as an integrated system, and are thereby not distinct from each other.
However, applicant’s arguments are not persuasive because Species 1 is drawn to a sensor assembly comprising a coaxial connector for transmitting microwave signals to a radiometer, whereas Species 2 is drawn to a radiometer system using a switch module and determining a temperature difference between a tissue temperature and a reference temperature using a radiometer for calculating a deep tissue temperature based on the temperature difference. Therefore, the characteristics of a sensor assembly comprising a coaxial connector for transmitting microwave signals to a radiometer and a radiometer system using a switch module and determining a temperature difference between a tissue temperature and a reference temperature using a radiometer for calculating a deep tissue temperature based on the temperature difference are mutually exclusive and distinct characteristics between Species 1 and 2.
Therefore, the requirement is still deemed proper and made final.
Applicant’s statements (pages 9-10 of the response) regarding the objection to the drawings and the claims and the rejection under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, are not persuasive for the reasons stated above (the objections and rejection have not been overcome).
Applicant’s arguments (page 11 of the response) regarding the rejection of claim 1 under 35 U.S.C 103 are moot in view of the allowable subject matter stated above.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIRELLYS JAGAN whose telephone number is (571)272-2247. The examiner can normally be reached Tuesday-Friday 8-6.
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/MIRELLYS JAGAN/
Primary Examiner
Art Unit 2855
9/30/26
