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 .
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-14 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 16 of prior U.S. Patent No. 12, 426, 848. This is a statutory double patenting rejection.
a blood flow monitor comprising a visual display field;
a first sensor comprising a sensing component that is configured to engage with a first blood vessel of a tissue flap of the individual, the first sensor being configured to capture data related to blood flow through the first blood vessel; and
a second sensor comprising a sensing component that is configured to engage with a second blood vessel of the tissue flap, the second sensor being configured to capture data related to blood flow through the second blood vessel of the tissue flap,
wherein the visual display field is configured to display a frequency domain of blood flow over time of the tissue flap [see column 16 lines 44-54]
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 15-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Heaton et al (US Pat: 8, 938, 279).
Regarding claim 15, Heaton et al disclose a blood flow monitor comprising:
a first visual display configured to display blood flow over time of a blood vessel of a tissue flap of an individual [see column 33 lines 28-51; column 34 lines 51-67, column 35 lines 1-51; column 37 lines 3-12, fig 29] by disclosing each oxygen saturation curve is shown in a separate region of the display. Displaying each curve in a separate region can help the user to distinguish among the different tissue layers being monitored [see column 36 lines 44-49];
a second visual display configured to display a characteristic of the tissue flap [see column 33 lines 28-51; column 34 lines 51-67, column 35 lines 1-51; column 37 lines 3-12, fig 29] by disclosing each oxygen saturation curve is shown in a separate region of the display. Displaying each curve in a separate region can help the user to distinguish among the different tissue layers being monitored [see column 36 lines 44-49];
a first port configured to couple to a cable of a first sensor that is configured to capture data related to blood flow of the blood vessel of the tissue flap [see figs 21, 23, column 15 lines 33-43] by disclosing wires or cables may be connected to the structures. In particular, each of the structures may include a photodiode or other emitter device, a photodetector or other detector device, or fiber optic cable, in any combination [see column 15 lines 33-43].
a second port configured to couple to a cable of a second sensor that is configured to capture data related to the characteristic of the tissue flap [see figs 21, 23, column 15 lines 33-43] by disclosing wires or cables may be connected to the structures. In particular, each of the structures may include a photodiode or other emitter device, a photodetector or other detector device, or fiber optic cable, in any combination [see column 15 lines 33-43].
Regarding claim 16, Heaton al disclose a third visual display configured to display a frequency domain of blood flow over time [see column 36 lines 50-55] by disclosing the measurements can be displayed in any type of graph (e.g., pictograph, line plot, pie chart, map chart, histogram, bar graph, frequency polygon [see column 36 lines 50-67].
Regarding claims 17-18, Heaton et al disclose a fourth visual display configured to show a combination of blood flow over time and the frequency domain of blood flow over time [see column 36 lines 50-55] by disclosing the measurements can be displayed in any type of graph (e.g., pictograph, line plot, pie chart, map chart, histogram, bar graph, frequency polygon [see column 36 lines 50-67].
Regarding claim 20, Heaton et al disclose an analog to digital (A/D) converter configured to receive data from one or more sensors, a digital signal processor (DSP) configured to receive data from the A/D converter, and a digital to analog (D/A) processor configured to receive data from the DSP [see column 7 lines 60-65].
Regarding claims 20-21, Heaton et al disclose a third port configured to couple to a cable of a third sensor that is configured to capture data related to a second blood vessel of the tissue flap [see figs 21, 23, column 15 lines 33-43] by disclosing wires or cables may be connected to the structures. In particular, each of the structures may include a photodiode or other emitter device, a photodetector or other detector device, or fiber optic cable, in any combination [see column 15 lines 33-43].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOEL F BRUTUS whose telephone number is (571)270-3847. The examiner can normally be reached Mon-Sat, 11:00 AM to 7:00 PM.
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, Anne Kozak can be reached at 571-270-0552. 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.
/JOEL F BRUTUS/ Primary Examiner, Art Unit 3797
