Appeal 2006-1971
Application 10/144,224
1 From all of the above, we are not convinced of any error on the part of
2 the Examiner in rejecting claims 1 and 3-6, and 19 under 35 U.S.C. § 103(a)
3 . The rejection of claim 1 is sustained. Claims 3-6 have not been argued
4 and Appellants present the same arguments for claims 1 and 19.
5 Accordingly, the rejection of claims 3-6 and 19 under 35 U.S.C.
6 § 103(a) is sustained.
7 We turn next to the rejection of claims 7, 9, and 13. Only claim 7 has
8 been argued by Appellants, so we consider claim 7 to be representative of
9 the group. Claim 7 does not recite the temperature control. As a result, the
10 Examiner did not rely upon Mendelson or Mills for the rejection of these
11 claims. Appellants present the same arguments that were presented for
12 claim 1. Accordingly, we sustain the rejection of claims 7, 9 and 13 for the
13 same reasons as we sustained the rejection of claim 1.
14 We turn next to claims 14-16 under 35 U.S.C. § 103(a) as being
15 unpatentable over Steuer, Soller, Arakaki, Aronow and Gravenstein. The
16 Examiner found (answer 8) that Steuer teaches that hemoglobin
17 concentration can be determined (col. 14, ll. 8-10). The Examiner relied
18 upon Gravenstein for a suggestion of how hemoglobin can be determined
19 and states that the combination determines hemoglobin concentrations using
20 660 nm and 805 nm. Claim 14 recites that the initial determination of total
21 hemoglobin is determined non-invasively using light having wavelengths in
22 the range of about 500 nm to 1100 nm. We observe that Steuer describes
23 that if hematocrit-independent oxygen saturation is desired, the emitter
24 wavelengths would be 660 nm, 805 nm, 950 nm, etc (col. 12, ll. 4-6). As
25 we found, supra, Gravenstein describes estimating hematocrit from total
14
Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: September 9, 2013