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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e).
Failure to provide a certified translation may result in no benefit being accorded for the non-English application.
Claim 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.
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 limitation(s) is/are: audio output unit in Claims 11 and 17.
The disclosure cites the audio output unit is implemented via a plurality of circuit elements mounted on a circuit board included in the grip 120 ([0061]), transmits a sound signal based on the displacement signal generated by the chest piece 110 to an external audio output device ([0061]) includes the component elements illustrated in Fig. 6 ([0062] – filter/amplifier 618, A/D converter 611, amplifier 615, amplifier 612, volume adjustment unit 616, encoder 613, wireless communication unit 614, and wired communication unit 617).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-2, 5-7, 9, 11-12, 14-15, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Duggan et al. (“Towards a Wearable, High Precision […]”) in view of Chung et al. (US 20170251997).
Regarding Claim 1, Duggan teaches detection apparatus configured to detect vibration of a subject, (Abstract “This paper presents the design, implementation, and evaluation framework of a low-power digital stethoscope using optical and electrical sensors.”), the detection apparatus comprising:
a) a diaphragm configured to be displaced in response to vibration of the subject (I. Introduction “vibrations from the stethoscope membrane” and II. Architecture and Implementation “By using a membrane (like the diaphragm of a dynamic microphone or speaker) as a reflective surface”);
b) a light emitter configured to emit light toward the diaphragm (Fig. 1 “LED drivers” and “Red/IR LEDs”);
c) a photodetector configured to receive light reflected by the diaphragm and generate a signal corresponding to the reflected light (Fig. 1 “photodiode” and “optical signals”); and
d) a casing configured to internally house the light emitter and the photodetector (Figs. 2 and 3, “3 – cover”); and
e) a grip (Fig. 3, speaker holder 1).
However, Duggan does not explicitly teach a grip configured to rotate about a rotation shaft relative to the casing, the grip including a portion grippable by a user, wherein the light emitter and the photodetector are respectively arranged at one end and another end of the casing with respect to an axial direction of the rotation shaft.
In an analogous stethoscope field of endeavor, Chung teaches a detection apparatus configured to detect vibration of a subject, ([0054] “stethoscope apparatus 1” and [0059] “The auscultatory sound receiver 11 may receive an auscultatory sound by vibrating according to a change in the object O in a state of being in contact with the object O. The change in the object O may be various, for example, vibrations of a surface of the object O due to heartbeats of the object O.”), the detection apparatus comprising: a grip configured to rotate about a rotation shaft relative to the casing, ([0118] “The handle 20 may be movably connected to the stethoscope head 10a. For example, the handle 20 may be movably connected to the stethoscope head 10 around a rotary axis. A rotary shaft 22 may be disposed between the head case 17 and the handle 20.”), the grip including a portion grippable by a user, ([0056] “The stethoscope head 10 may be connected to a handle 20 which is a part for the user to grip the stethoscope head 10.”), wherein the light emitter and the photodetector are respectively arranged at one end and another end of the casing with respect to an axial direction of the rotation shaft (See Fig. 2 of Duggan, where when combined with the handle design of Chung, the light emitter and photodetector (not taught by Chung, only Duggan), the design may feature such a layout in order to implement a digital stethoscope using optical and electrical sensors.).
It would have been obvious to one of ordinary skill in the art at the time of applicant’s filing to modify the teachings of Duggan with the rotatable grip of Chung because the design is ergonomic for the user, allowing the user to rotate handling around the stethoscope diaphragm while applying appropriate pressure of the diaphragm.
Regarding Claim 2, the modified apparatus of Duggan teaches all limitations of Claim 1, as discussed above. Furthermore, Duggan teaches wherein the axial direction is parallel with an optical path direction that passes through a center of the light emitter and a center of the photodetector (Figs. 2-3, the stack of the speaker holder 1 and the body 5 allow for an optical path direction that passes through a center of the light emitter and a center of the photodetector and that is parallel with the axial direction as taught by Chung, discussed above.).
Regarding Claim 5, the modified apparatus of Duggan teaches all limitations of Claim 1, as discussed above. Furthermore, Duggan teaches wherein the casing is joined to the grip (Figs. 2-3, where Fig. 2 shows the speaker holder 1 joined to cover 3.).
Regarding Claim 6, the modified apparatus of Duggan teaches all limitations of Claim 1, as discussed above. Furthermore, Duggan teaches wherein the light emitter is a light-emitting diode, (Fig. 1 “Red/IR LEDs”), and the detection apparatus further comprises an aperture configured to regulate light emitted from the light-emitting diode (Fig. 1 “Glass Lid”).
Regarding Claim 7, the modified apparatus of Duggan teaches all limitations of Claim 1, as discussed above. Furthermore, Chung teaches wherein in a view from a direction perpendicular to an outer surface of the diaphragm, the axial direction of the rotation shaft is orthogonal to a long side direction of the grip (Fig. 11).
It would have been obvious to one of ordinary skill in the art at the time of applicant’s filing to modify the teachings of Duggan with the rotatable grip of Chung for the same reasons as Claim 1 above.
Regarding Claim 9, the modified apparatus of Duggan teaches all limitations of Claim 1, as discussed above. Furthermore, Chung teaches wherein
a) an outer surface of the casing includes an opposing surface that faces the grip, (Figs. 1 and 10A), and
b) the opposing surface includes a flat surface portion extending along an outer surface of the grip (Figs. 1 and 10A, which teach the flat surface portion on the grip).
It would have been obvious to one of ordinary skill in the art at the time of applicant’s filing to modify the teachings of Duggan with the grip of Chung for the same reasons as Claim 1 above.
Regarding Claim 11, the modified apparatus of Duggan teaches all limitations of Claim 1, as discussed above. Furthermore, Chung teaches the detection apparatus according to Claim 1 (discussed above); and an audio output unit configured to output a sound signal that is based on a signal generated by the photodetector to an external audio output device ([0131] “the controller 30 may provide information detected by the various kinds of sensors 41, 42, and 43 and the pressure detector 70 to the user through an output part 80. The output part 80 may include at least one of […] a speaker for providing acoustic information.”).
It would have been obvious to one of ordinary skill in the art at the time of applicant’s filing to modify the teachings of Duggan with the audio output unit of Chung because the modification provides a way for a user to explicitly identify any issues the subject may exhibiting, which may lead to further diagnosis or treatment plans.
Regarding Claim 12, Duggan teaches a detection apparatus configured to detect vibration of a subject, (Abstract “This paper presents the design, implementation, and evaluation framework of a low-power digital stethoscope using optical and electrical sensors.”), the detection apparatus comprising:
a) a diaphragm configured to be displaced in response to vibration of the subject (I. Introduction “vibrations from the stethoscope membrane” and II. Architecture and Implementation “By using a membrane (like the diaphragm of a dynamic microphone or speaker) as a reflective surface”);
b) a light emitter configured to emit light toward the diaphragm (Fig. 1 “LED drivers” and “Red/IR LEDs”);
c) a photodetector configured to receive light reflected by the diaphragm and output a signal corresponding to the reflected light (Fig. 1 “photodiode” and “optical signals”);
d) a casing configured to internally house the light emitter and the photodetector (Figs. 2 and 3, “3 – cover”); and
e) a grip (Fig. 3, speaker holder 1).
However, Duggan does not explicitly teach a grip having an elongated shape and including a portion grippable by a user, wherein the light emitter and the photodetector are respectively arranged at one end and another end of the casing with respect to a direction orthogonal to a long side direction of the grip and parallel with an outer surface of the diaphragm.
In an analogous stethoscope field of endeavor, Chung teaches a detection apparatus configured to detect vibration of a subject, ([0054] “stethoscope apparatus 1” and [0059] “The auscultatory sound receiver 11 may receive an auscultatory sound by vibrating according to a change in the object O in a state of being in contact with the object O. The change in the object O may be various, for example, vibrations of a surface of the object O due to heartbeats of the object O.”), the detection apparatus comprising: a grip having an elongated shape ([0115] “handle 20” and Fig. 1), and including a portion grippable by a user, ([0056] “The stethoscope head 10 may be connected to a handle 20 which is a part for the user to grip the stethoscope head 10.”), wherein the light emitter and the photodetector are respectively arranged at one end and another end of the casing with respect to a direction orthogonal to a long side direction of the grip and parallel with an outer surface of the diaphragm (See Fig. 2 of Duggan, where when combined with the handle design of Chung, the light emitter and photodetector (not taught by Chung, only Duggan), the design may feature such a layout in order to implement a digital stethoscope using optical and electrical sensors.).
It would have been obvious to one of ordinary skill in the art at the time of applicant’s filing to modify the teachings of Duggan with the rotatable grip of Chung because the design is ergonomic for the user, allowing the user to rotate handling around the stethoscope diaphragm while applying appropriate pressure of the diaphragm.
Regarding Claim 14, the modified apparatus of Duggan teaches all limitations of Claim 12, as discussed above. Furthermore, Duggan teaches wherein the light emitter is a light-emitting diode, (Fig. 1 “Red/IR LEDs”), and the detection apparatus further comprises an aperture configured to regulate light emitted from the light-emitting diode (Fig. 1 “Glass Lid”).
Regarding Claim 15, the modified apparatus of Duggan teaches all limitations of Claim 12, as discussed above. Furthermore, Chung teaches wherein
a) an outer surface of the casing includes an opposing surface that faces the grip, (Figs. 1 and 10A), and
b) the opposing surface includes a flat surface portion extending along an outer surface of the grip (Figs. 1 and 10A, which teach the flat surface portion on the grip).
It would have been obvious to one of ordinary skill in the art at the time of applicant’s filing to modify the teachings of Duggan with the grip of Chung for the same reasons as Claim 1 above.
Regarding Claim 17, the modified apparatus of Duggan teaches all limitations of Claim 12, as discussed above. Furthermore, Chung teaches the detection apparatus according to Claim 12 (discussed above); and an audio output unit configured to output a sound signal that is based on a signal generated by the photodetector to an external audio output device ([0131] “the controller 30 may provide information detected by the various kinds of sensors 41, 42, and 43 and the pressure detector 70 to the user through an output part 80. The output part 80 may include at least one of […] a speaker for providing acoustic information.”).
It would have been obvious to one of ordinary skill in the art at the time of applicant’s filing to modify the teachings of Duggan with the audio output unit of Chung because the modification provides a way for a user to explicitly identify any issues the subject may exhibiting, which may lead to further diagnosis or treatment plans.
Claims 3-4, 8, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Duggan et al. (“Towards a Wearable, High Precision […]”) in view of Chung et al. (US 20170251997), as applied to Claim 1, further in view of Shekhar et al. (WO 2024220490).
Regarding Claim 3, the modified apparatus of Duggan teaches all limitations of Claim 1, as discussed above. However, the modified apparatus of Duggan does not explicitly teach wherein in a view from a direction perpendicular to an outer surface of the diaphragm, an angle formed by a long side direction of the grip and an optical path direction that passes through a center of the light emitter and a center of the photodetector is 30 degrees or greater.
In an analogous electronic digital stethoscope field of endeavor, Shekhar teaches a detection apparatus configured to detect vibration of a subject, (Abstract “A digital stethoscope, including a chest piece enclosing a diaphragm; a first microphone configured to acquire a digital auscultation audio signal through the diaphragm and a second microphone configured to acquire an ambient audio signal”), wherein in a view from a direction perpendicular to an outer surface of the diaphragm, an angle formed by a long side direction of the grip and an optical path direction that passes through a center of the light emitter and a center of the photodetector is 30 degrees or greater (Fig. 1C and [0024] “the body 120 of the digital stethoscope can be an angled body, as illustrated in FIG. 1C. As a non-limiting example, the base of the body 120 can form an angle of approximately 160° with the head of the body where the chest piece 110 is connected to the body.”).
It would have been obvious to one of ordinary skill in the art at the time of applicant’s filing to further modify with the angled design of Shekhar because it enables a user to place the diaphragm or membrane directly on a patient’s skin without the body of the apparatus or hand of the user interfering with the contact between the diaphragm or membrane and the skin, as taught by Shekhar in [0024].
Regarding Claim 4, the modified apparatus of Duggan teaches all limitations of Claim 1, as discussed above. Furthermore, Shekhar teaches wherein in a view from a direction perpendicular to an outer surface of the diaphragm, an optical path direction that passes through a center of the light emitter and a center of the photodetector, (taught by Duggan, as discussed above), is orthogonal to a long side direction of the grip (Fig. 1C, where the head of the body that is connected to chest piece 110 are both parallel to the patient’s skin, therefore creating an orthogonal path for any optical components.).
It would have been obvious to one of ordinary skill in the art at the time of applicant’s filing to further modify with the angled design of Shekhar for the same reasons as Claim 3 discussed above.
Regarding Claim 8, the modified apparatus of Duggan teaches all limitations of Claim 1, as discussed above. Furthermore, Shekhar teaches wherein
a) the casing is attached to one end of the grip in a long side direction, (Figs. 1A-1C), and
b) in a virtual cross section that passes through at least the photodetector and is parallel with an outer surface of the diaphragm, a straight line extending in the long side direction through a center of the diaphragm intersects an outer surface of the casing at a first intersection point between another end of the grip in the long side direction and the center of the diaphragm, a straight line extending in the axial direction through a center of the casing intersects the outer surface of the casing at a second intersection point, and a distance between the center of the casing and the first intersection point is shorter than a distance between the center of the diaphragm and the second intersection point (Figs. 1A-1D, where the 177mm (Fig. 1B) is longer than 50mm (Fig. 1D).
It would have been obvious to one of ordinary skill in the art at the time of applicant’s filing to further modify with the virtual cross section of Shekhar because the design promotes ergonomic grip for the user.
Regarding Claim 13, the modified apparatus of Duggan teaches all limitations of Claim 12, as discussed above. However, the modified apparatus of Duggan does not explicitly teach wherein in a view from a direction perpendicular to the outer surface of the diaphragm, an optical path direction that passes through a center of the light emitter and a center of the photodetector is orthogonal to the long side direction of the grip.
In an analogous electronic digital stethoscope field of endeavor, Shekhar teaches a detection apparatus configured to detect vibration of a subject, (Abstract “A digital stethoscope, including a chest piece enclosing a diaphragm; a first microphone configured to acquire a digital auscultation audio signal through the diaphragm and a second microphone configured to acquire an ambient audio signal”), wherein in a view from a direction perpendicular to the outer surface of the diaphragm, an optical path direction that passes through a center of the light emitter and a center of the photodetector is orthogonal to the long side direction of the grip (Fig. 1C, where the head of the body that is connected to chest piece 110 are both parallel to the patient’s skin, therefore creating an orthogonal path for any optical components.).
It would have been obvious to one of ordinary skill in the art at the time of applicant’s filing to further modify with the angled design of Shekhar because it enables a user to place the diaphragm or membrane directly on a patient’s skin without the body of the apparatus or hand of the user interfering with the contact between the diaphragm or membrane and the skin, as taught by Shekhar in [0024].
Claims 10 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Duggan et al. (“Towards a Wearable, High Precision […]”) in view of Chung et al. (US 20170251997), as applied to Claim 1, further in view of Dufresne et al. (US 20100056956).
Regarding Claim 10, the modified apparatus of Duggan teaches all limitations of Claim 1, as discussed above. However, the modified apparatus of Duggan does not explicitly teach wherein an operation button operable by the user is disposed on the grip at a position overlapping the diaphragm in a long side direction of the grip.
In an analogous modular electronic biosensor field of endeavor, Dufresne teaches a detection apparatus configured to detect vibration of a subject, ([0060] “electronic stethoscope […] sensor 20 may be configured to sense sounds produced by matter of biological origin, such as sounds produced by the heart, lungs, vocal cords, or other organs or tissues of the body.”), wherein an operation button operable by the user is disposed on the grip at a position overlapping the diaphragm in a long side direction of the grip (Fig. 13 and [0124] “an electronic stethoscope of the present invention that includes a user interface. The user interface includes a number of mode and/or status indicators 830 and mode and/or control switches 835. The switches 835 may include volume or gain control switches and mode selection switches, for example. Indicators 830 may provide an indication of a selected filter mode or other information, such as battery and communication link status.”).
It would have been obvious to one of ordinary skill in the art at the time of applicant’s filing to further modify with the operation button of Dufresne because the button placement allows for an ergonomic grip while maintaining control of the apparatus and the functions of the operation button.
Regarding Claim 16, the modified apparatus of Duggan teaches all limitations of Claim 12, as discussed above. However, the modified apparatus of Duggan does not explicitly teach wherein an operation button operable by the user is disposed on the grip at a position overlapping the diaphragm in a long side direction of the grip.
In an analogous modular electronic biosensor field of endeavor, Dufresne teaches a detection apparatus configured to detect vibration of a subject, ([0060] “electronic stethoscope […] sensor 20 may be configured to sense sounds produced by matter of biological origin, such as sounds produced by the heart, lungs, vocal cords, or other organs or tissues of the body.”), wherein an operation button operable by the user is disposed on the grip at a position overlapping the diaphragm in a long side direction of the grip (Fig. 13 and [0124] “an electronic stethoscope of the present invention that includes a user interface. The user interface includes a number of mode and/or status indicators 830 and mode and/or control switches 835. The switches 835 may include volume or gain control switches and mode selection switches, for example. Indicators 830 may provide an indication of a selected filter mode or other information, such as battery and communication link status.”).
It would have been obvious to one of ordinary skill in the art at the time of applicant’s filing to further modify with the operation button of Dufresne because the button placement allows for an ergonomic grip while maintaining control of the apparatus and the functions of the operation button.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIA CHRISTINA TALTY whose telephone number is (571)272-8022. The examiner can normally be reached M-Th 8:30-5:30 EST.
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/MARIA CHRISTINA TALTY/Examiner, Art Unit 3797
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795
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