Ex parte SULLIVAN - Page 7




          Appeal No. 1998-0061                                                        
          Application No. 08/364,101                                                  

          specification).  The recovered signal components are                        
          transmitted to a microcomputer G which displays the rates and               
          which compares those rates with data stored in a RAM memory to              
          produce an alarm if any discrepancies are detected (see column              
          3, lines 29-47 of the Nedivi specification).  There is no                   
          argument in appellant’s brief that Nedivi’s fast Fourier                    
          transform processor will not produce spectral energy peaks                  
          characterizing the heartbeat and respiration rates in the                   
          manner claimed in the appealed claims.                                      
          In short, there is no argument that Nedivi’s fast Fourier                   
          transform processor differs from appellant’s fast Fourier                   
          transform processor.                                                        
               Thus, in sum, Fraden suggests the concept of utilizing a               
          single piezoelectric transducer in the form of a pad to sense               
          both the heartbeat and respiration rates of the patient and of              
          analyzing the resulting voltage signal to monitor the                       
          heartbeat and respiration rates, while Nedivi suggests the                  
          concept of analyzing the digitized forms of the signal                      
          components in a fast Fourier transform processor to recover                 
          the rate information. According to the examiner (see, for                   
          example, page 3 of the final office action (Paper No. 6)), it               

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