`ges=tiex
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`UNITED STATES PATENT AND TRADEMARKOFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`NOTICE OF ALLOWANCEAND FEE(S) DUE
`
`64735
`
`7590
`
`05/04/2020
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`MASIMO CORPORATION (MASIMO)
`
`FOURTEENTH FLOOR
`IRVINE, CA 92614
`
`FARDANESH, MARJAN
`
`3791
`DATE MAILED:05/04/2020
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATIONNO.
`
`16/835,772
`
`03/31/2020
`
`Ammar Al-Ali
`
`MAS.1007C7
`
`2365
`
`TITLE OF INVENTION: PHYSIOLOGICAL MONITORING DEVICES, SYSTEMS, AND METHODS
`
`
`
`
`
`
`
`APPLN. TYPE PUBLICATION FEE DUE|PREV. PAID ISSUE FEEENTITY STATUS ISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
`
`
`
`
`
`nonprovisional
`
`UNDISCOUNTED
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`$1000
`
`$0.00
`
`$0.00
`
`$1000
`
`08/04/2020
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`Complete and sendthis form, together with applicable fee(s), by mail or fax, or via EFS-Web.
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`PARTB - FEE(S) TRANSMITTAL
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`CURRENT CORRESPONDENCE ADDRESS(Note: Use Block 1 for any change of address)
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`05/04/2020
`7590
`64735
`KNOBBE. MARTENS. OLSON & BEAR. LLP
`,
`,
`,
`MASIMO CORPORATION (MASIMO)
`2040 MAIN STREET
`FOURTEENTH FLOOR
`IRVINE, CA 92614
`
`(Date)
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATIONNO.
`
`16/835,772
`
`03/31/2020
`
`Ammar Al-Ali
`
`MAS.1007C7
`
`2365
`
`TITLE OF INVENTION: PHYSIOLOGICAL MONITORING DEVICES, SYSTEMS, AND METHODS
`
`
`
`
`
`
`
`
`
`
`
`APPLN. TYPE PUBLICATION FEE DUE|PREV. PAID ISSUE FEEENTITY STATUS ISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
`
`nonprovisional
`
`UNDISCOUNTED
`
`$1000
`
`$0.00
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`$0.00
`
`$1000
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`08/04/2020
`
`EXAMINER
`
`ART UNIT
`
`CLASS-SUBCLASS
`
`FARDANESH, MARJAN
`
`3791
`
`600-323000
`
`1. Change of correspondenceaddressor indication of "Fee Address” (37
`CFR 1.363).
`
`(I Change of correspondence address (or Change of Correspondence
`Address form PTO/SB/122) attached.
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`
`
`
`2. For printing on the patent front page,list
`(1) The namesof up to 3 registered patent attorneys
`or agents OR,alternatively,
`(2) The nameofa single firm (having as a member a
`registered attorney or agent) and the names of upto
`2 registered patent attorneys or agents. If no nameis
`listed, no namewillbe printed.
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`1
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`=—-_2
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`
`
`[I "Fee Address" indication (or "Fee Address" Indication form PTO/
`SB/47; Rev 03-09 or more recent) attached. Use of a Customer
`Numberis required.
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT(printor type)
`PLEASE NOTE: Unlessan assigneeis identified below, no assignee data will appear on the patent. If an assigneeis identified below, the document must have been previously
`recorded,orfiled for recordation, as set forth in 37 CFR 3.11 and 37 CFR 3.81(a). Completion of this form is NOTa substitute for filing an assignment.
`(A) NAMEOF ASSIGNEE
`(B) RESIDENCE:(CITY and STATE OR COUNTRY)
`
`(LV individual LJ Corporation or other private group entity (_] Government
`Please check the appropriate assignee category or categories (will not be printed on the patent) :
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`(Ipublication Fee (if required)
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`5. Changein Entity Status (from status indicated above)
`(I Applicantcertifying micro entity status. See 37 CFR 1.29
`(I Applicantasserting small entity status. See 37 CFR 1.27
`(I Applicant changing to regular undiscounted fee status.
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`NOTE:Absenta valid certification of Micro Entity Status (see forms PTO/SB/15A and 15B), issue
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`NOTE: This form must be signed in accordance with 37 CFR 1.31 and 1.33. See 37 CFR 1.4 for signature requirements and certifications.
`
`Date
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`Registration No.
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`Authorized Signature
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`Typed or printed name
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`PTOL-85 Part B (08-18) Approved for use through 01/31/2020
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`Page 2 of 3
`OMB 0651-0033
`
`USS. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
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`

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`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATIONNO.
`
`16/835,772
`
`03/31/2020
`
`Ammar AL-Ali
`
`MAS.1007C7
`
`2365
`
`64735
`
`7590
`
`05/04/2020
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`MASIMO CORPORATION (MASIMO)
`2040 MAIN STREET
`FOURTEENTH FLOOR
`IRVINE, CA 92614
`
`FARDANESH, MARJAN
`
`3791
`DATE MAILED:05/04/2020
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
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`The Office has discontinued providing a Patent Term Adjustment (PTA)calculation with the Notice of Allowance.
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`Section 1(h)(2) of the AIA Technical Corrections Act amended 35 U.S.C. 154(b)(3)(B)(i) to eliminate the requirement
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`PTOL-85 (Rev. 02/11)
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`

`

`.
`
`ae
`
`16/835 ,772
`
`Al-Ali, Ammar
`
`MARJAN FARDANESH
`
`3791
`
`Yes
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address--
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANTOF PATENTRIGHTS.This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`1.{¥} This communication is responsive to amendments and TD filed on 04/23/2020.
`(J A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`.
`
`2.() An election was madebythe applicant in responseto a restriction requirement set forth during the interview on
`restriction requirement and election have been incorporatedinto this action.
`
`; the
`
`3.4} The allowed claim(s) is/are 3-29 . As a result of the allowed claim(s), you maybeeligible to benefit from the Patent Prosecution
`Highwayprogram at a participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
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`4[_) Acknowledgmentis made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`a) DAI b){JSome=*c) CL) None ofthe:
`
`1. ( Certified copies of the priority documents have been received.
`2. LJ Certified copies of the priority documents have been received in Application No.
`3. (J Copiesof the certified copies of the priority documents have been receivedin this national stage application from the
`International Bureau (PCT Rule 17.2(a)).
`
`“ Certified copies not received:
`
`Applicant has THREE MONTHS FROM THE "MAILING DATE"of this communication to file a reply complying with the requirements
`noted below.Failure to timely comply will result in ABANDONMENT ofthis application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`5.(. CORRECTED DRAWINGS (as "replacement sheets") must be submitted.
`() including changes required by the attached Examiner's Amendment / Commentor in the Office action of
`Paper No./Mail Date
`.
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawingsin the front (not the back) of each
`sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
`
`6.C DEPOSIT OFand/or INFORMATION aboutthe deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Primary Examiner, Art Unit 3791
`
`Attachment(s)
`5. (2 Examiner's Amendment/Comment
`1.11 Notice of References Cited (PTO-892)
`
`2.) Information Disclosure Statements (PTO/SB/08), 6.l¥}Examiner's Statement of Reasonsfor Allowance
`Paper No./Mail Date 04/23/2020, 04/23/2020.
`3. Examiner's Comment Regarding Requirementfor Deposit
`of Biological Material
`.
`4.) Interview Summary (PTO-413),
`Paper No./Mail Date.
`/MARJAN FARDANESH/
`Examiner, Art Unit 3791
`
`7. LD) Other
`
`.
`
`/ERIC F WINAKUR/
`
`U.S. Patent and Trademark Office
`PTOL-37 (Rev. 08-13)
`
`Notice of Allowability
`
`.
`Part of Paper No./Mail Date 20200425
`
`

`

`Application/Control Number: 16/835,772
`Art Unit: 3791
`
`Page 2
`
`Notice of Pre-AlA or AIA Status
`The present application, filed on or after March 16, 2013, is being examined
`
`1.
`
`under the first inventor to file provisions of the AIA.
`
`Reasonsfor Allowance
`
`2.
`
`The following is an examiner’s statement of reasons for allowance: Fei
`
`(USPN 2014/0361 147-cited by the Applicant) discloses a physiological measurement
`
`device (figures 1-2, 5A) comprising: a plurality of emitters configured to emit light
`
`proximate a wrist of a user inafirst shape (elements 232 figure 2, [0041]); a material
`
`positioned between the plurality of emitters and a tissue measurement site (lens 234
`
`figure 5A, [0041]-[0042]); a plurality of detectors configured to detectthe light after
`
`attenuation by tissue, the plurality of detectors further configured to output a signal
`
`responsive to the detected light (optical detectors 240 figures 2, 5A, [0025], [0041],
`
`[0058]); a light block between the plurality of emitters and the plurality of detectors and
`
`configured to prevent at least a portion of the light emitted from the plurality of emitters
`
`from reaching the detector without first reaching the tissue (barrier 520 figures 5A,
`
`[0042], [0064]); and a processor configured to receive and process one or more signals
`
`responsive to the outputted signal and determine a physiological parameter of the user
`
`responsive to the one or more signals ([0032],[0049]-[0051]). Fei fails to disclose
`
`“change the first shape into a second shapeby whichthe light emitted from one or more
`
`of the plurality of light emitting diodes is projected towards the tissue’, in
`
`combination with the remaining claimed features. Scharf (USPN 5,830,137-cited by the
`
`Applicant) discloses a physiological measurement device (figures 3 and 6) comprising:
`
`plurality of emitters configured to emit light proximate a wrist of a user in a first shape
`
`

`

`Application/Control Number: 16/835,772
`Art Unit: 3791
`
`Page 3
`
`(elements 13 and 15 figure 3, Col.8 lines 29-50); a material positioned between the
`
`plurality of emitters and a tissue measurement site; a detector configured to detect the
`
`light after attenuation by tissue, the detector further configured to output a signal
`
`responsive to the detectedlight; a light block between the plurality of emitters and the
`
`detector and configured to prevent at least a portion of the light emitted from the
`
`plurality of emitters from reaching the detector without first reaching the tissue (light
`
`shield 87 figure 6, Col.8 lines 45-50); and a processor configured to receive and
`
`process one or more signals responsive to the outputted signal and determine a
`
`physiological parameter of the user responsive to the one or more signals (processor 30
`
`figure 1, Col.5 lines 15-60). Scharf fails to disclose “changethefirst shape into a second
`
`shape by whichthe light emitted from one or moreofthe plurality of light emitting diodes
`
`is projected towards the tissue”, in combination with the remaining claimed features.
`
`Any comments considered necessary by applicant must be submitted no later
`
`than the payment of the issue fee and, to avoid processing delays, should preferably
`
`accompanythe issue fee. Such submissions should be clearly labeled “Comments on
`
`Statement of Reasons for Allowance.”
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to MARJAN FARDANESH whosetelephone number is
`
`(571)270-5508. The examiner can normally be reached on Monday-Friday 9:00-17:00.
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-basedcollaboration tool. To schedule an
`
`

`

`Application/Control Number: 16/835,772
`Art Unit: 3791
`
`Page 4
`
`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http:/Awww.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Jacqueline Cheng can be reached on (571)272-5596. The fax phone
`
`number for the organization where this application or proceeding is assigned is 571-
`
`273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
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`
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`If you would like assistance from a USPTO Customer Service Representative or access
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`to the automated information system, call 800-786-9199 (IN USA OR CANADA)or 571-
`
`272-1000.
`
`/ERIC F WINAKUR/
`Primary Examiner, Art Unit 3791
`
`/MARJAN FARDANESH/
`Examiner, Art Unit 3791
`
`