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 .
Claims 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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitations are: detection unit, light-transmissive member, and pressing force suppression unit in claim 1.
A review of the specification (references to the citation of the instant specification has been made using the original specification filed 09/16/2025) shows that the following appears to be the corresponding structures described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitations:
For the means-plus-function of detection unit, light-transmissive member, and pressing force suppression unit of claim 1, the specification discloses photodiode or transistor ([0060], light-transmissive plate 7 ([0044]), and semicircular disk ([0081]).
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitations treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claims so that they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claims recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
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 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takahashi, et al., US 20140275949 A1.
Regarding claim 1, Takahashi teaches a biological information detection device (see abstract), comprising:
a housing having a planar housing surface and configured to come into contact with a subject when biological information of the subject is measured ([0012] discloses a biological information detection apparatus including a detection unit which has a light receiving unit receiving light from a subject, a light transmitting member which is provided on a housing surface side in contact with the subject of the biological information detection apparatus, transmits light from the subject);
a detection unit disposed in the housing and having a light receiving portion configured to receive light from the subject ([0011]-[0012]);
a light-transmissive member disposed at a side of the housing surface of the housing, and having a planar portion configured to transmit the light from the subject and configured to come into contact with the subject when the biological information of the subject is measured ([0012] discloses a light transmitting member which is provided on a housing surface side in contact with the subject of the biological information detection apparatus); and
a pressing force suppression unit disposed on the housing surface to surround the planar portion as seen from a Z-axis direction, when two axes parallel to the housing surface and orthogonal to each other are an X-axis and a Y- axis, and an axis orthogonal to the X-axis and the Y-axis is the Z-axis, configured to come into contact with the subject when the biological information is measured, and configured to suppress a pressing force applied to the subject by the planar portion ([0012] discloses a pressing force suppression unit which is disposed in periphery of the convex portion above the housing surface and suppresses the pressing force given to the subject by the convex portion, in which a groove portion is provided between the convex portion of the light transmitting member and the pressing force suppression unit),
wherein the pressing force suppression unit is formed using a material harder than the subject ([0009] discloses if the convex portion of the light transmitting member formed of a hard material comes into contact with a soft surface of a living body, such as skin, a flat portion around the convex portion and the surface of the living body are in a non-contact state or a weak contact state, or the like, and the contact state dynamically changes), a height of a side of the pressing force suppression unit that comes into contact with the subject from the housing surface in the Z-axis direction is higher than a height of the planar portion with reference to the housing surface ([0045], [0047]), and
the pressing force suppression unit has a first inclined section in which the height of the pressing force suppression unit increases continuously or in a stepwise manner from an inner periphery side toward an outer periphery side of the pressing force suppression unit ([0063]).
Regarding claim 2, Takahashi further teaches a light emitting unit disposed in the housing and configured to emit measurement light to be transmitted through the light-transmissive member and applied to the subject ([0069]),
wherein when a distance between an inner periphery and an outer periphery of the pressing force suppression unit in the X-axis direction is W1, a length of the planar portion in the X-axis direction is W2, and a difference between the height of the pressing force suppression unit and the height of the planar portion is H in a cross section on a plane passing through a center of the planar portion when viewed from the Z-axis direction and parallel to the X-axis and the Z-axis, relationships of W2 > H and W1 > H are satisfied, and W2 is from 1.5 times to 10 times a spot diameter of the measurement light ([0163, [0164], [0178] and reproduced fig. 13 below).
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Regarding claim 3, Takahashi further teaches wherein the pressing force suppression unit includes a plurality of unit pressing force suppression portions disposed to surround the planar portion apart from each other when viewed from the Z-axis direction ([0117]).
Regarding claim 4, Takahashi further taches wherein the pressing force suppression unit includes two of the unit pressing force suppression portions([0117]), a slit that penetrates the pressing force suppression unit in a direction orthogonal to the Z-axis is formed between the two unit pressing force suppression portions ([0107] discloses an opening), and the slit is disposed with a longitudinal direction of the slit aligned with a blood flow direction of the subject when the biological information is measured (see [0230] and fig. 27).
Regarding claim 5, Takahashi further teaches wherein the height of the pressing force suppression unit continuously increases in the first inclined section ([0052]-[0053]), and a surface of the first inclined section has a linear shape in a cross section on a plane passing through a center of the planar portion when viewed from the Z-axis direction and parallel to the X-axis and the Z-axis ([0165]).
Regarding claim 6, Takahashi further teaches wherein the height of the pressing force suppression portion continuously increases in the first inclined section ([0052]-[0053]), and a surface of the first inclined section has a convex curved shape in a cross section on a plane passing through a center of the planar portion when viewed from the Z-axis direction and parallel to the X-axis and the Z-axis ([0010]).
Regarding claim 7, Takahashi further teaches wherein the height of the pressing force suppression portion continuously increases in the first inclined section ([0052]-[0053]), and a surface of the first inclined section has a concave curved shape in a cross section on a plane passing through a center of the planar portion when viewed from the Z-axis direction and parallel to the X-axis and the Z-axis ([0108], [0199]).
Regarding claim 8, Takahashi further teaches wherein the pressing force suppression unit includes a second inclined section disposed closer to the outer periphery side of the pressing force suppression unit than the first inclined section, in which the height of the pressing force suppression unit decreases continuously or in a stepwise manner from the inner periphery side toward the outer periphery side of the pressing force suppression unit ([0175]).
Regarding claim 9, Takahashi further teaches wherein the height of the pressing force suppression unit continuously decreases in the second inclined section ([0192]), and a surface of the second inclined section has a linear shape in a cross section on a plane passing through a center of the planar portion when viewed from the Z-axis direction and parallel to the X-axis and the Z-axis ([0165]).
Regarding claim 10, Takahashi further teaches wherein the height of the pressing force suppression unit continuously decreases in the second inclined section([0192]), and a surface of the second inclined section has a convex curved shape in a cross section on a plane passing through a center of the planar portion when viewed from the Z-axis direction and parallel to the X-axis and the Z-axis ([0010]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Farouk A Bruce whose telephone number is (408)918-7603. The examiner can normally be reached Mon-Fri 8-5pm PST.
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/FAROUK A BRUCE/ Examiner, Art Unit 3797
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