`
`PATENT
`
`IN THE UNITED STATES PATENT AND TRADEMARKOFFICE
`
`Inventor
`
`: Ammar Al-Ali
`
`App. No.
`
`:
`
`16/835,772
`
`Filed
`
`For
`
`: March 31, 2020
`
`: PHYSIOLOGICAL MONITORING
`DEVICES, SYSTEMS, AND
`METHODS
`
`Examiner
`
`Art Unit
`
`:
`
`:
`
`Fardanesh, Marjan
`
`3791
`
`2365
`:
`Conf. No.
`
`
`COMMENTS ON STATEMENT OF REASONS FOR ALLOWANCE
`
`Mail Stop Issue Fee
`Commissionerfor Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Dear Commissioner:
`
`Applicant makes the following comments in response to the Examiner’s description of
`
`allowable subject matter in the Notice of Allowance mailed May 4, 2020. Applicant acknowledges
`
`the Statement of Reasons for Allowance in the above-referenced patent application and agrees that
`
`the claimed subject matter is patentable. However, Applicant takes no position regarding the
`
`Reasons for Allowance presented by the Examiner and therefore respectfully traverses them.
`
`Therefore, the Examiner’s Reasons for Allowance should not be attributed to Applicant as an
`
`indication of the basis for Applicant’s belief that the claims are patentable.
`
`To the extent that the paraphrasing of the subject matter of the claims deviates from the
`
`actual language of the claims, the Applicant respectfully reserves the right to disagree with the
`
`Reasons for Allowance. Applicant respectfully disagrees with the Examiner’s Statement of
`
`Reasons for Allowanceto the extent it may suggest that a given claim requires limitationsthat are
`
`not explicitly recited therein. To the extent that there is any implication that the patentability of
`
`the claims rests on the recitation of a single feature or sub-group of elements, Applicant
`
`respectfully disagrees with the Examiner’s Reasons for Allowance becauseit is the combination
`
`-1-
`
`
`
`Application No.: 16/835,772
`Filing Date: March 31, 2020
`
`of elements that makes the claims patentable. Moreover, to the extent that the Reasons for
`
`Allowanceinclude a characterization of any reference that deviates from the actual disclosure or
`
`teaching of that reference, the Applicant respectfully reserves the right to disagree with the
`
`Reasons for Allowance.
`
`To the extent there is any implication that the patentability of the dependentclaimsis solely
`
`attributable to those claims being dependent on allowable independent claims, Applicant
`
`respectfully disagrees with the Examiner’s Reasons for Allowance. The dependent claims are
`
`patentable for the additional reason that they recite additional features that further distinguish the
`
`claims from the prior art of record.
`
`Applicant reserves the right to pursue at a later date any previously pending or other
`
`broader or narrower claims that capture any subject matter supported by the application’s
`
`disclosure. Accordingly, reviewers of this or any child or related prosecution history shall not
`
`reasonably infer that the Applicant has made any disclaimers or disavowals of any subject matter.
`
`Respectfully submitted,
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`
`Dated: May 5, 2020
`
`By:
`
`/Jarom Kesler/
`Jarom D. Kesler
`Registration No. 57,046
`Registered Practitioner
`Customer No. 64735
`(949) 760-0404
`
`-2-
`
`
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