WO 2014/172451
`
`1
`
`PCT/US2014/034350
`
`provide instructions to a user or request placement confirmation from the user regarding
`
`contacting the first electrode to the patient’s left arm and the second electrode to the
`
`patient’s right arm, wherein the electrical signal measured between the left arm and right arm
`
`corresponds to Lead | ina 12-lead ECG, and (b) analyze the electrical signal corresponding
`
`to Lead | to calculate an average heartbeat representation for Lead I.
`
`32,
`
`The system of claim 31, wherein the set of instructions, when executed by the
`
`one or more computing devices, further causes the one or more computing devices to (c)
`
`provide instructions to a user or request placement confirmation from the user regarding
`
`contacting the first electrode to the patient’s left leg and the second electrode to the patient’s
`
`right arm, wherein the electrical signal measured between the left arm and right arm
`
`correspondsto Lead [lin a 12-lead ECG, and (d) analyze the electrical signal corresponding
`
`to Lead Il to calculate an average heartbeat representation for Lead Il.
`
`33,
`
`The system of claim 32, wherein the set of instructions, when executed by the
`
`one or more computing devices, further causes the one or more computing devices to (e)
`
`provide instructions to a user or request placement confirmation from the user regarding
`
`contacting the first electrode to the patient's left leg and the second electrode to the patient’s
`
`left arm, wherein the electrical signal measured between the left arm and right arm
`
`corresponds to LeadIll in a 12-lead ECG, and (f) analyze the electrical signal corresponding
`
`to LeadIll to calculate an average heartbeat representation for LeadIII.
`
`34.
`
`The system of claim 33, wherein the set of instructions, when executed by the
`
`one or more computing devices, further causes the one or more computing devices to time-
`
`align the average heartbeat representations for Lead | and Lead {| and calculate aVR, aVL,
`
`and aVF from the time-aligned average heartbeat representations for Lead | and LeadIl.
`
`35.
`
`The system of claim 34, wherein the set of instructions, when executed by the
`
`one or more computing devices, further causes the one or more computing devices to (g)
`
`provide instructions to a user or request placement confirmation from the user regarding
`
`contacting the first electrode with each of the V1, V2, V3, V4, V5, and V6 chestlocations
`
`while contacting the second electrode to one of the patient’s left arm and the patients right
`
`arm, wherein the electrical signals measured between each of the V1, V2, V3, V4, V5, and
`
`V6 chest locations and the left arm or the right arm correspond to Leads V1, V2, V3, V4, V5,
`
`and V6 in a 12-lead ECG, and (h) analyze the electrical signals corresponding to Leads V1,
`
`V2, V3, V4, V5, and V6 to calculate average heartbeat representations for Leads V1, V2,
`
`V3, V4, V5, and V6.
`
`438
`
`438
`
`

`

`WO 2014/172451
`
`23
`
`PCT/US2014/034350
`
`36.
`
`The system of claim 35, wherein the left arm is used for Leads V1, V2, and
`
`V3 and the right arm is used for Leads V4, V5, and V6.
`
`439
`
`439
`
`

`

`WO 2014/172451
`
`PCT/US2014/034350
`
`1/10
`
`
`
`FIG. 1
`(Prior Art)
`
`440
`
`440
`
`

`

`WO 2014/172451
`
`PCT/US2014/034330
`
`2/10
`
`
`
`FIG. 2
`(Prior Art)
`
`441
`
`441
`
`

`

`WO 2014/172451
`
`PCT/US2014/034330
`
`3/10
`
`QRS
`Complex
`
`R
`
` rataPR Interval
`
`S
`
`QTInterval
`
`FIG. 3
`(Prior Art)
`
`442
`
`442
`
`

`

`WO 2014/172451
`
`PCT/US2014/034330
`
`4/10
`
`
`«xPOUMIJUOOUN),,DOF[EULON:|dg79YH
`SAICAI
`9AcAI
`VAILAI
`WUUJAUJSNUIS[JBLUONs|9]°/E:7]
`
`
`
`S8XxW1-SHO-d9z:aby
`88618Hd‘aIquae
`
` ‘alZpeay-Z]‘OWEN
`
`IO/LOJUSPIOU|
`We|IM<
`SAE|Lily
`uAeIXS
`
`r'DI4
`
`(uy101d)
`
`
`
`99S/WUWGZZHOSL-S0'0"LX
`
`obVo88oLE
`
`SZLL'0SHO
`
`SG6E°0/S06E0
`
`OFpealZ|}a|dwes-
`
`443
`
`

`

`5/10
`
`444
`
`

`

`WO 2014/172451
`
`PCT/US2014/034330
`
`6/10
`
`22
`
`24
`
`Power
`Supply
`
`FIG. 6
`
`445
`
`445
`
`

`

`WO 2014/172451
`
`PCT/US2014/034330
`
`FIG.7C
`
`FIG.7A
`
`FIG.7B
`
`446
`
`446
`
`

`

`WO 2014/172451
`
`PCT/US2014/034330
`
`8/10
`
`FIG.7E
`
`FIG.7D
`
`447
`
`447
`
`

`

`WO 2014/172451
`
`PCT/US2014/034330
`
`9/10
`
`S 035, V1 R = 0.99065
`
`0
`
`50
`
`100
`
`150
`
`200
`
`250
`
`300
`
`S$ 035 Highest Correlation at V1
`FIG. 8
`
`448
`
`448
`
`

`

`WO 2014/172451
`
`PCT/US2014/034330
`
`
`
`
`
`UOIJE|I0FJSE4B1qay}seyMojagGEyoalqngs
`
`
`
`
`
`03/96'0sped’yessolnypobesaay
`
`re0Sso3wrSoaZO
`GLOl=80Ss
`
`02Zh
`
`9/5660=YZA‘SEOS$9066°0=UIA‘SE0S
`—0_0s'0Z°0Sz'098°0
`
`|
`€1126'0=YH1'SEOS81266°0=17‘SEOs
`
`
`
`
`
`
`
`
`806860=H9ASEOS92/660=HSASEOSV6LL60=YPASEOS282660=YEASEOS
`--£0--90;70;$20
`
`00€0SZ00Z0S10OL0SoO00€0SZ002OSL0OLOSOOUEOSZ00ZOSIOOLOG0QOE0GZ002OSI00L0S0“esg020°F0-50°0"
`9==co=lO=Z0=0=c=SO=~~<Lo<L0-<._<f0Sozoo0SfcSaeco&loBI]=-1+0&9°0begg=20
`
`10/10
`
`00€0G00ZOSL0OL0S000€0SZ00ZOSL0010S0O0¢0SZ00Z0S!0010SoO
`
`449
`
`6‘Sls
`
`449
`
`
`
`

`

`et
`
`(JOEL Q. XCE et al.) 10 November 2011
`US 2011-0275950 Al
`See abstract, paragraphs [0035]-[0044], cleim 17 and figure 7.
`
`US 2011-0288425 A1 (DONALD-BANE STEWART) 24 November 2011
`See abstract, paragraphs [0117]-[0250], cleims 50-58 and figures 2,4,15.
`
`(DAVID ALB2RT et al.) 08 December 2011
`US 2011-0301439 Al
`See abslracl, paragraphs [0052]-[0055] and claims 5-10.
`
`(FREDRIK SZBELIUS) 16 September 2010
`US 2010-0284746 Al
`See abstract, paragraphs [0053]-[0073] and figures 1-6B.
`
`KR 10-2010-0059198 A (SNU R&D3 FOUNDATION) 04 June
`See abstract, paragraphs [0026]-[0032] and figures
`
`
`
`INTERNATIONAL SEARCH REPORT
`
`International application No.
`PCT/U82014/034350
`
`A,
`
`CLASSIFICATION OF SUBJECT MATTER
`
`A61B 5/0402(2006.01)i, A61B 3/0408(2006.01i, A61B 5/0432(2006.01)i, A61B 5/044(2006.01)i
`
`
`According to International Patent Classification (IPC)or to both national classification and IPC
`B.
`FIELDS SEARCHED
`
`Minimumdocumentation searched (classification system followed by classification symbols)
`AG1B 5/0402, AGIB 5/04; AGIB 5/0452; AG1B 5/00; AGIB 5/0408; AGIB 5/0432; AGIB 45/044
`
`Documentation searched other than minimum documentation to the extent that such documents are included in the fields searched
`Korcanutility models and applications for utility modcls
`Japanese utility models and applications fur utility models
`
`Electronic data base consulted during the international search (name of data base and, where practicable, search terms used)
`eKOMPASS(KIPOintemal) & Keywords: electrocardiogram, electrode, sequentially, lead, reduce
`
`C. DOCUMENTS CONSIDERED TO BE RELEVANT
`
`Category*
`
`Citation of document, with indication, where appropriate, of the relevant passages
`
`Relevant to claim No.
`
`
`
`
`
`[] Further documents are listed in the continuation of Box C.
`Spccial categories of cited documents:
`documentdefining the general state of the art which is not considered
`to be ofparticular relevance
`earlier application or patent but published onor after the international
`filing date
`document which may throw doubts on priority claim(s) or which is
`cited to establish the publication date of another citation or other
`special reason (as specified)
`document.
`referring to an oral disclosure, use, exhibition or other
`means
`document published prior to the internationalfiling date but later
`than the priority date claimed
`
`"O"
`
`"Pp"
`
`"T"
`
`See patent family annex.
`later document published after the internationalfiling date or priority
`date and not in conflict with the application but cited to understand
`the principle or theory underlyingthe invention
`document of particular relevance; the claimed invention cannot be
`considered. novel or cannot be considered to involve an inventive
`step when the documentis taken alone
`"Y" document of particular relevance;
`the claimed invention cannot be
`considered to involve an inventive step when the document is
`combined with one or more other such documents,such combination
`being obvious to a person skilled in the art
`"&" document memberof the same patent family
`
`Date of mailing of the international search report
`Date of the actual complction of the intemational scarch
`01 September 2014 (01.09.2014)
`29 August 2014 (29.08.2014)
`Authorized officer
`Naine and inailing address of the ISA/KR
`[aternational Application Division
`n
`.
`:
`:
`H.
`Tae
`KIM.
`«Korean Intellectual Property Office
`
`
`Republic of Korea
`Facsimile No. +82-42-472-7140
`
`189 Cheongsa ro, Seo gu, Daejeon Metropolitan City, 302 701, »1ae TOO
`
`Telephone No, +82-42-481-8407
`
`Form PCT/SA/210(second sheet) (July 2009)
`
`450
`
`450
`
`

`

`INTERNATIONAL SEARCH REPORT
`Tnformation on patent family members
`
`International application No.
`PCT/US2014/034350
`
`Patent document
`cited in search report
`
`Publication
`date
`
`Patent family
`membet(s)
`
`Publication
`date
`
`N
`
`101152081 A
`101152081 B
`102007046259 Al
`2008-086754 A
`5078191 B2
`2008-082013 Al
`8005531 B2
`S 8494621 B2
`
`02/04/2008
`05/09/2012
`03/04/2008
`17/04/2008
`21/11/2012
`03/04/2008
`23/08/2011
`23/07/2013
`
`19/08/2010
`
`US 2011-0279950 Al
`
`10/11/2011
`
`US 2011-02884125 Al
`
`24/11/2011
`
`
`
`US 2011-0301439 Al
`
`08/12/2011
`
`NN
`
`
`
`07/07/2010
`17/07/2013
`09/07/2006
`20/10/2010
`26/04/2006
`10/10/2012
`09/02/2011
`17/10/2012
`03/09/2003
`05/10/2006
`05/07/2011
`23/10/2012
`10/02/2005
`07/04/2005
`26/05/2005
`
`26/12/2012
`28/08/2013
`26/03/20 14
`07/08/2014
`01/12/2012
`22/11/2012
`
`
`
`101766182 A
`101766482 B
`1798922 A
`1798522 B
`1648296 A2
`1648296 B1
`2281305 AL
`2281305 BL
`0317947 DO
`2006-0224071 Al
`7974684 B2
`8295919 B2
`2005-O11192 |
`2005-011492 Ac
`2005-011492
`
`102885933 A
`203133725 U
`2710046 AL
`2014-518713 |
`201247170 A
`2012-158190 |
`
`US 2010-0234746 Al
`
`16/09/2010
`
`N
`
`2642088 AL
`101384214 A
`101384214 B
`1983895 AL
`0600328 A
`* 0600328 1
`029087 C2
`IS 2018-0102871 Al
`8515695 B2
`2007-094729 Al
`
`23/08/2007
`11/03/2009
`11/05/2011
`29/10/2008
`24/04/2007
`24/04/2007
`24/04/2007
`25/01/2018
`20/11/2012
`23/08/2007
`
`KR 10-2010-0059198 A
`
`04/06/2010
`
`2010-0210921 Al
`
`Form PCT/ISA/210 (patent family annex) July 2009)
`
`451
`
`451
`
`

`

`
`
`The International Bureau will communicate this report to designated Offices in accordance with Rules 44bis.3(c) and 93bis.1
`but not, except where the applicant makes an express request under Article 23(2), before the expiration of 30 months from
`the priority date (Rule 44bis .2).
`
`Box No.
`
`Box
`
`Box
`
`Box
`
`Box
`
`
`
`PATENT COOPERATION TREATY
`
`PCT
`
`INTERNATIONAL PRELIMINARY REPORT ON PATENTABILITY
`
`(Chapter I of the Patent Cooperation Treaty)
`
`(PCT Rule 44bis)
`
`Applicant’s or agent's file reference
`12212-700.600
`
`FOR FURTHER ACTION
`
`See item 4 below
`
`Internationalfiling dale (day/month/year)
`International application No.
`28 January 2013 (28.01.2013)
`PCT/US2013/023370
`International Patent Classification (8th edition unless older edition indicated)
`See relevant information in Form PCT/ISA/237
`
`Priority dale (dauy/month/year)
`26 January 2012 (26.01.2012)
`
`Applicant
`ALIVECOR, INC.
`
`This international preliminary report on patentability (Chapter I) is issued by the International Bureau on behalf of the
`International Scarching Authority under Rule 44 bis.1(a).
`
`This REPORT consists of a total of 11 sheets, including this cover sheet.
`
`In the attached sheets, any reference to the written opinion of the International Searching Authority should be read as a
`reference to the international preliminary report on patentability (ChapterI) instead.
`
`‘Lhis report contains indications relating to the following items:
`
`
`
`I
`
`Basis of the report
`
`No. Il
`
`No.
`
`No.
`
`No.
`
`Priority
`
`Non-establishment of opinion with regard to novelty,
`applicability
`
`inventive step and industrial
`
`Lack of unity of invention
`
`Reasoned statement under Article 35(2) with regard to novelty, inventive step or
`industrial applicability; citations and explanations supporting such statement
`
`Certain documents cited
`
`Certain defects in the international application
`
`Certain observations on the international application
`
`The International Bureau of WIPO
`34, chemin des Colombettes
`1211 Geneva 20, Switzerland
`Facsimile No. +41 22 338 82 70
`Form PCT/IB/373 (January 2004)
`
`Date of issuance of this report
`29 July 2014 (29.07.2014)
`Authorized officer
`
`Simin Baharlou
`e-mail: pt09.pct@wipo.int
`
`452
`
`452
`
`

`

`PATENT COOPERATION TREATY
`
`From the
`
`INTERNATIONAL SEARCHING AUTHORITY
`To:
`SHOOP RICHARD
`
`P C T
`
`PCT/US2013/023370
`
`SHAY GLENN LIP 2755 CAMPUS DRIVE, SUITE 210
`
`SAN MATEO CA 94403 USA
`
`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`(PCT Rule 43bis.1)
`
`Date of mailing
`(day/monthyear) 15 May 2013 (15.05.2013)
`Applicant's or agent's file reference
`FOR FURTHER ACTION
`12212-700.600
`See paragraph 2 below
`
`International filing date (day/month/year)
`International application No.
`28 January 2013 (28.01.2013)
`PCT/US2013/023370
`International Patent Classification (LPC) or both national classification and [PC
`
`Priority date(day/month/vear)
`26 January 2012 (26.01.2012)
`
`AGIB 5/01(2006.01)i, AGIB 5/145(2006.01)i,A61B 5/02(2006.01)i, HOAB 7/24(2006.01)i, HO4B 1/38(2006.O1)i
`
`Applicant
`
`ALIVECOR,INC.
`
`1. This opinion contains indicationsrelating to the following items:
`
`Basis of the opinion
`
`Priority
`Non-establishment of opinion with regard to novelty, inventive step and industrial applicability
`
`Lack of unity of invention
`
`Reasoned statement under Rule 43bis. 1(a)(1) with regard to novelty, inventive step or industrial applicability;
`citations and explanations supporting such statement
`Certain documents cited
`
`VII Certain defects in the international application
`
`VII Certain observations on the international application
`
`FURTHER ACTION
`Ifa demandfor international preliminary examination is made, this opinion will be considered to be a written opinionof the
`International Preliminary L:xamining Authority ("IPHA") except that this does not apply where the applicant chooses an Authority
`other than this one to be the TPEA and the chosen TPEA has notified the International Bureau under Rule 66. 1bis(b) that written
`opinionsofthis International Searching Authority will not be so considered.
`
`lf this opinion is, as provided above, considered to be a written opinion of the LPEA,the applicant is invited to submit to the
`IPLA a written reply together, where appropriate, with amendments, before the expiration of 3 months from the date of mailing
`of Form PCTSA/22) or before the expiration of 22 months from the priority date, whichever expires later
`
`
`Date of completion of this opinion|Authorized officer
`Name and mailing address ofthe ISA/KR
`.
`KoreanIntellectual Property Office
`
`
`189 Cheongsa-ro, Seo-gu, Daejeon
`
`
`
`15 May 2013 (15.05.2013)
`KIM, Tae Hoon
`Metropolitan City, 302-701,
`
`Republic of Korea
`
`Facsimile No. 82-42-472-7140
`
` Telephone No.82-42-481-8407
`
`
`
`
`
`
`
`Torm PCT/ISA/237 (cover sheet) (July 2011)
`
`453
`
`For further options, see Form PCT/ISA/220.
`
`Box No. I
`
`Box No.II
`Box No. IIIT
`
`Box No. TV
`
`Box No. V___
`
`MILILI&LILILI Box No.
`
`Box No.
`
`Box No.
`
`
`
`453
`
`

`

`WRITTEN OPINION OF THE
`
`
`International application No.
`
`INTERNATIONAL SEARCHING AUTHORITY
`PCT/US2013/023370
`
`
`Box No. I Basis of this opinion
`
`1. With regard to the language, this opinion has been established on the basis of :
`
`the international application in the language in whichit wasfiled
`
`L_] a translationof the international application into
`, whichis the language of a
`translation furnished for the purposes of international search (Rules 12.3(a) and 23.1(b))
`2.L| This opinion has beenestablished taking into account the rectification of an obvious mistake authorized byor notified
`to this Authority under Rule 91 (Rule 43dis.1(a))
`
`3. With regard to any nucleotide and/or amino acid sequencedisclosed in the international application, this opinion has been
`established onthe basis of:
`
`
`
`a. a sequencelisting filed or furnished
`[| on paper
`in electronic form
`
`b. ctime offiling or furnishing
`LC] contained in the international application as filed.
`[| filed together with the international application in electronic form.
`[| furnished subsequently to this Authority for the purposes of search.
`
`
`
`4. [|] In addition, in the case that more than one version or copy ofa sequencelisting has been filed or furnished, the required
`statements that the information in the subsequent or additioanl copies is identical to that in the application asfiled or does
`not go beyond the application asfiled, as appropriate, were furnished.
`
`5. Additional comments:
`
`
`Form PCT/ISA/237 (Box No. [Dy July 2011)
`
`454
`
`454
`
`

`

`WRITTEN OPINION OF THE
`
`International application No.
`
`INTERNATIONAL SEARCHING AUTHORITY
`
`PCT/US2013/023370
`
`Box No. V Reasoned statement under Rule 43bis.1(a)(i) with regard to novelty, inventive step or industrial applicability;
`citations and explanations supporting such statement
`
`1. Statement
`
`Novelty (N)
`
`Claims
`Claims
`
`1-41
`NONE
`
`YES
`NO
`
`Inventive step (IS)
`
`Claims
`Claims
`
`NONE
`1-41
`
`YES
`NO
`
`
`
`
` 2. Citations and explanations:
`
`YES
`1-41
`Claims
`Industrial applicability TA)
`
`Claims©NONE NO
`
`Reference is made to the following documents:
`D1: US 2010-0217099 Al (STEVEN FRANCIS LEBOEUFet al.) 26 August 2010.
`D2: US 2011-0301435 Al (DAVID ALBERTetal.) 08 December 2011.
`D3: JP 2002-191562 A (MATSUSHITA ELECTRIC IND. CO., LTD.) 09 July 2002.
`D4: US 6319201 BI (PETER J. WILK) 20 November 2001.
`D5: US 2004-0220487 Al (ANDREY VYSHEDSKIY et al.) 04 November 2004.
`
`1. Novelty and Inventive Step
`
`1.1 Claims 1-10
`
`1.1.1 Independent claim 1
`D1, which is considered to be the closest prior art to the subject matter of clarm 1, discloses a medical
`device comprising: a physiological sensor; a signal processor configured to receive physical parameters,
`determine a representative value from the physical parameters, and digitally encode the representative
`value as a digital ultrasound signal; and a communication module comprising an ultrasound transmitter
`for transmitting the digital ultrasound signal, wherein the signal processor is configured to drive the
`communication module to transmit the digital ultrasound signal from the ultrasound transmitter (see
`paragraphs [0079]-[0085],[0092]. figures 1,2 in D1). Claim 1 differs from D1 in the digital ultrasound
`signal which uses a first frequency and a second frequency and includes a header portion and a data
`portion. However, the digital ultrasound signal of claim 1 is merely a matter of design option whenthe
`general knowledge in the relevant field of the art is used. Accordingly, claim 1 would have been obvious
`over D1. Therefore, claim | lacks an inventive step under PCT Article 33(3).
`
`1.1.2 Dependent claims 2-10
`The additional fcaturc of claim 2 is identical to the feature of D1 in blood pressure (sce paragraph [0079]
`in D1). Accordingly, claim 2 would have been obvious over D1. Therefore, claim 2 lacks an inventive
`step under PCTArticle 33(3).
`
`The additional feature of claim 3 is identical to the fcaturc of D1 in a microprocessor (sce paragraph
`[0055] mm D1). Accordingly, claim 3 would have been obvious over D1. Therefore, claim 3 lacks an
`inventive step under PCT Article 33(3).
`
`(Continued on Supplemental Box)
`
`Form PCT/ISA/237 (Box No. V) July 2011)
`
`455
`
`455
`
`

`

`
`INTERNATIONAL SEARCHING AUTHORITY
`
`WRITTEN OPINION OF THE
`
`International application No.
`
`PCT/US2013/023370
`
`
`
`
`
`
`Box No. VITE. Certain observations on the international application
`
`The following observations on the clarity of the claims, description, and drawings or on the question whether the claimsare fully
`supported by the description, are made:
`
`The phrase "The device of claim 1" of claims 25-29 is considered to be a typo for "The device of claim 21" (PCT Article 6).
`
`Form PCT/ISA/237 (Rox No. VITT) (July 2011)
`
`456
`
`456
`
`

`

`WRITTEN OPINION OF THE
`
`INTERNATIONAL SEARCHING AUTHORITY
`
`Supplemental Box
`
`In case the space in any ofthe preceding boxesis not sufficient.
`Continuation of :
`
`
`
`
`International application No.
`
`
`PCT/US2013/023370
`
`
`
`Box No. V
`
`Claim 4 further specifies the first frequency which is 18.5 kHz and the second frequency which is 19.5
`kHz. However, the additional features of claim 4 are merely matters of design option when the general
`knowledge in the relevant field of the art is used. Accordingly, claim 4 would have been obvious over D1.
`Therefore, claim 4 lacks an inventive step under PCT Article 33(3).
`
`
`
`
`
`
`
`
`
`
`
`
`
`Claims 5 and 6 further specify digitally encoding the digital ultrasound signal. However, the additional
`features of claims 5 and 6 arc mercly matters of design option whenthe general knowledge in the relevant
`
`ficld of the art is uscd. Accordingly, claims 5 and 6 would have been obvious over D1. Therefore, claims
`5 and 6 lack an inventive step under PCT Article 33(3).
`
`
` Claim 7 further specifics a calibration tonc. However, the additional feature of claim 7 is mercly a matter
`of design option when the general knowledge in the relevantfield of the art is used. Accordingly, claim 7
`
`would have been obvious over DL. Therefore, claim 7 lacks an inventive step under PCT Article 33(3).
` Claim 8 further specifies an error correction code portion. However, the additional feature of claim 8 is
`
`
`
`merely a matter of design option when the general knowledge in the relevant field of the art is used.
`Accordingly, claim 8 would have been obvious over D1. Therefore, claim 8 lacks an inventive step under
`
`PCT Article 333)
`
`
` The additional feature of claim 9 is identical to the feature of D1 in a speaker (see paragraph [0089] in
`D1). Accordingly, claim 9 would have been obvious over D1. Therefore, claim 9 lacks an inventive step
`
`under PCT Article 33(@).
`
`
`
`The additional feature of claim 10is identical to the feature of D2 in piezoelectric buzzers (see paragraph
`[0033] in D2). Accordingly, claim 10 would have been obvious over D1 and D2. Therefore, claim 10
`lacks an inventive step under PCT Article 33(3).
`
`
`
`(Continued on Supplemental Box)
`
`
`
`Form PCT/ISA/237 (Supplemental Box) (July 2011)
`
`457
`
`457
`
`

`

`WRITTEN OPINION OF THE
`
`INTERNATIONAL SEARCHING AUTHORITY
`
`Supplemental Box
`
`In case the space in any ofthe preceding boxesis not sufficient.
`
`
`
`Continuation of :
`
`Box No. V
`
`
`
`1.2 Claims 11-20
`
`
`1.2.1 Independent claim 11
`D1, which is considered to be the closest prior art to the subject matter of claim 11, discloses a system
`
`
`
`
`comprising: a monitoring device having a physiological sensor, a signal processor to recerve physical
`parameters, determine a representative value from the physical parameters, and digitally encode the
`representative valuc as a digital ultrasound signal and a communication module for transmitting a digital
`
`
`ultrasound signal; and a specialized algorithm and software configured to be executed by a
`
`
`telecommunication device and to cause the telecommunication device to receive the digital ultrasound
`
`
`signal and extract the representative value of the physical parameter from the digital ultrasound signal
`
`
`(see paragraphs |0079]-[0085 ],]0092|-|0098],|0168], figures 1,2 m D1). Claim 11 differs from D1 in the
`
`
`digital ultrasound signal which uses a first frequency and a second frequency. However, the digital
`
`
`ultrasound signal of claim 11 is merely a matter of design option when the general knowledge in the
`
`
`relevant field of the art is used. Accordingly, claim |! would have been obvious over D1. Therefore,
`
`
`
`claim 11 lacks an inventive step under PCT Article 33(3).
`
`1.2.2 Dependent claims 12-20
`The additional feature of claim 12 is identical to the feature of D1 in blood pressure (see paragraph
`
`
`[0079] in D1). Accordingly, claim 12 would have been obvious over D!. Therefore, claim 12 lacks an
`
`
`
`inventive step under PCT Article 33(3).
`
`
`
`
`
`
`Claim 14 further specifics the first frequency which is 18.5 kHz and the sccond frequency which is 19.5
`kHz. However, the additional features of claim 14 are mercly matters of design option when the general
`
`
`knowledge in the relevant field of the art is used. Accordingly. claim 14 would have been obvious over
`
`
`
`D1. Therefore, clam14 lacks an inventive step under PCT Article 33(3).
`
`
`Claims 15 and 16 further specify digitally encoding the digital ultrasound signal. However, the additional
`features of claims 15 and 16 are merely matters of design option when the general knowledge in the
`
`
`relevant field of the art is used. Accordingly, claims 15 and 16 would have been obvious over D1.
`
`
` Therefore, claims 15 and 16 lack an mventive step under PCT Article 33(3).
`
`
` Claim 17 further specifies a calibration tone. However, the additional feature of claim 17 is merely a
`matter of design option when the general knowledge in the relevant field of the art is used. Accordingly,
`
`claim 17 would have been obvious over D1. Therefore, claim 17 lacks an inventive step under PCT
`
`
`
`Article 33(3).
` (Continucd on Supplemental Box)
`
`
`International application No.
`
`PCT/US2013/023370
`
`
`
`The additional feature of claim 13 1s identical to the feature of D1 in a microprocessor (see paragraph
`[0055] im D1). Accordingly, claim 13 would have bccn obvious over D1. Therefore, claim 13 lacks an
`inventive step under PCT Article 33(3).
`
`Form PCT/ISA/237 (Supplemental Box) (July 2011)
`
`458
`
`458
`
`

`

`WRITTEN OPINION OF THE
`
`INTERNATIONAL SEARCHING AUTHORITY
`
`Supplemental Box
`
`In case the space in any ofthe preceding boxesis not sufficient.
`
`
`
`
`International application No.
`
`PCT/US2013/023370
`
`
`
`Continuation of :
`
`
`
`Claim 18 further specifies a header portion, a data portion and an error correction code portion. However,
`the additional features of claim 18 are merely matters of design option when the general knowledge in the
`
`
`relevant field of the art is used. Accordingly, claim 18 would have been obvious over DL. Therefore,
`
`
`
`claim 18 lacks an inventive step under PCT Article 33(3).
`
`
`The additional feature of claim 19 is identical to the feature of D1 in a magnetic storage storing, process
`executed by the telecommunication device (sce paragraphs [0098]-[0108] in DI). Accordingly, claim 19
`
`
`
`would have been obvious over D1. Therefore, claim 19 lacks an inventive step under PCT Article 33(3).
`
`
` The additional feature of claim 20is identical to the feature of D2 in piczoclectric buzzers (sec paragraph
`
`
`1.3 Claims 21-29
`
`
`1.3.1 Independent claim 21
`D1, which is considered to be the closest prior art to the subject matter of clamm 21, discloses a digital
`
`
`
`
`thermometer comprising: a temperature sensor for sensing a subject’s
`temperature; a signal processor in
`communication with the temperature sensor and configured to generate a digital ultrasound signal of the
`subject’s
`temperature; and a communication module comprising an ultrasound transmitter, wherein the
`
`
`signal processor is configured to drive the communication modulc to transmit the digital ultrasound signal
`
`
`from the ultrasound transmittcr (scc paragraphs [0012],[0079]-[0085],[0092], figures 1,2 i D1). Claim
`
`
`21 differs from D1 in the digital ultrasound signal which usesa first frequency and a sccond frequency.
`
`
`However, the digital ultrasound signal of claim 21 is merely a matter of design option when the general
`
`
`knowledge in the relevant field of the art is used. Accordingly, claim 21 would have been obvious over
`
`
`
`D1. Therefore, claim 21 lacks an inventive step under PCT Article 33(3).
`
`
`
`
`
`
`
`
`Claim 23 further specifies the first frequency which is 18.5 kHz and the second frequency which is 19.5
`kHz. However, the additional features of claim 23 are merely matters of design option when the general
`
`
`
`knowledge in the relevant field of the art is used. Accordingly, claim 23 would have been obvious over
`D1. Therefore, claim 23 lacks an inventive step undcr PCT Article 33(3).
`
`Box No. V
`
`[0033] mm D2). Accordingly, clatm 20 would have becn obvious over D1 and D2. Therefore, claim 20
`lacks an inventive step under PCT Article 33(3).
`
`1.3.2 Dependent claims 22-29
`The additional feature of claim 22 is identical to the feature of D1 in a microprocessor (sce paragraph
`[0055] in D1). Accordingly, claim 22 would have been obvious over D1. Therefore, claim 22 lacks an
`inventive step under PCT Article 33(3).
`
` (Continued on Supplemental Box)
`
`
`
`Form PCT/ISA/237 (Supplemental Box) (July 2011)
`
`459
`
`459
`
`

`

`WRITTEN OPINION OF THE
`
`INTERNATIONAL SEARCHING AUTHORITY
`
`
`International application No.
`
`PCT/US2013/023370
`
`
`
`
`
`Supplemental Box
`
`In case the space in any ofthe preceding boxesis not sufficient.
`Continuation of :
`
`
`Box No. V
`
`
`Claims 25-29 are considered to be a dependent claims of claim 21(See Box VIID
`
`
`Claims 24 and 25 further specify digitally encoding the digital ultrasound signal. However, the additional
`features of claims 24 and 25 are merely matters of design option when the general knowledge in the
`relevant field of the art is used. Accordingly, claims 24 and 25 would have been obvious over D1.
`
`Therefore, claims 24 and 25 lack an inventive step under PCT Article 33(3).
`
`
` Claim 26 furthcr specifics a calibration tonc. However, said feature is mercly a matter of design option
`when the general knowledge in the relevant field of the art is used. Accordingly, claim 26 would have
`
` been obvious over D1. Therefore, claim 26 lacks an inventive step under PCT Article 33(3).
`
`
`Claim 27 further specifies a header portion, a data portion and an error correction code portion. However,
`the additional features of claim 27 are merely matters of design option when the general knowledge in the
`
`
`relevant field of the art is used. Accordingly, clam 27 would have been obvious over D1. Therefore,
`
`
`
`claim 27 lacks an inventive step under PCT Article 33(3).
`
`
`The additional feature of claim 28 1s identical to the feature of D1 in a speaker (see paragraph [0089] in
`D1). Accordingly, claim 28 would have been obvious over D1. Therefore, claim 28 lacks an inventive
`
`
`
`step under PCT Article 33(3).
`
`
` The additional feature of claim 29 is identical to the feature of D2 in piezoelectric buzzers (see paragraph
`[0033] in D2). Accordingly, claim 29 would have been obvious over DI and D2. Thercforc, claim 29
`
`lacks an inventive step under PCT Article 33(3).
`
`1.4 Claims 30-40
`
`
`1.4.1 Independent claim 30
`D1, which is considered to be the closest prior art to the subject matter of claim 30, discloses a method
`
`
`
`
`comprising: sensing a physical parameter from a subject; determining a representative value from the
`physical parameter; digitally encoding the representative value as a digital ultrasound signal; and driving
`a communication module near a subject to transmit the digital ultrasound signal
`(see paragraphs
`
`
`[0055], [0079]-[0085],[0092]-[0098],
`figures
`1,2 in DI). Claim 30 differs from D1 in the digital
`
`
`ultrasound signal using a first frequency and a second frequency, and the frequencies comprising
`
`
`inaudible ultrasound. However, the digital ultrasound signal and the frequencics of claim 30 are mercly
`
`
`mattcrs of design option when the gencral knowledge in the relevant ficld of the art is uscd. Accordingly,
`
`
`claim 30 would have becn obvious over D1. Therefore, claim 30 lacks an inventive step under PCT
`
`
`
`Article 33(3).
`
` (Continued on Supplemental Box)
`
`Form PCT/ISA/237 (Supplemental Box) (July 2011)
`
`460
`
`460
`
`

`

`WRITTEN OPINION OF THE
`
`INTERNATIONAL SEARCHING AUTHORITY
`
`Supplemental Box
`
`In case the space in any ofthe preceding boxesis not sufficient.
`Continuation of :
`
`
`
`Box No. V
`
`
`International application No.
`
`
`PCT/US2013/023370
`
`
`
`matter of design option when the general knowledge in the relevant field of the art is used. Accordingly,
`claim 38 would have been obvious over D1. Therefore, claim 38 lacks an inventive step under PCT
`Article 33(3).
`
`
`
`
`
`1.4.2 Dependent claims 31-40
`The additional feature of claim 31 is identical to the feature of D1 in blood pressure (see paragraph
`
`
`[0079] in D1). Accordingly, claim 31 would have been obvious over D1. Therefore, claim 31 lacks an
`
`
`
`inventive step under PCT Article 33(3).
`
`
`The additional feature of claim 3? is identical to the feature of D1 in a single average pulse-rate (see
`paragraph [0047] in D1). Accordingly, claim 32 would have been obvious over D1. Therefore, claim 32
`
`
`
`lacks an inventive step under PCT Article 33(3).
`
`
`Claims 33 and 34 further specify digitally encoding the representative value. However, the additional
`features of claims 33 and 34 are merely matters of design option when the general knowledge in the
`
`
`relevant field of the art is used. Accordingly, claims 33 and 34 would have been obvious over D1.
`
`
`
`Therefore, claims 33 and 34 lack an mventive step under PCT Article 33(3).
`
`
`Claim 35 further specifies the first and second frequencies which are each greater than 17 kHz. However,
`the additional feature of claim 35 1s mercly a matter of design option when the gencral knowledge in the
`
`
`relevant ficld of the art is used. Accordingly, claim 35 would have becn obvious over D1. Therefore,
`
`
`
`claim 35 lacks an inventive step under PCT Article 33(3).
`
`
`Claims 36 and 37 further specify digitally encoding the digital ultrasoun