`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`MASIMO CORPORATION (MASIMO)
`20 MAIN STREET
`FOURTEENTH FLOOR
`IRVINE, CA 92614
`
`FLANAGAN,BEVERLY MEINDL
`
`3993
`
`DATE MAILED: 10/05/2018
`
`01/26/2018
`15/881,602
`TITLE OF INVENTION: ADAPTIVE ALARM SYSTEM
`
`Ammar AI-Ali
`
`MAS.780R1
`
`9078
`
`
`
`
`
`
`
`
`
`
`
`APPLN. TYPE PUBLICATION FEE DUE|PREV. PAID ISSUE FEEENTITY STATUS ISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
`
`
`
`
`
`nonprovisional
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`UNDISCOUNTED
`
`$1000
`
`$0
`
`$0
`
`$1000
`
`01/07/2019
`
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`PTOL-85 (Rev. 02/11)
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`

`

`PART B - FEE(S) TRANSMITTAL
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`Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE
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`CURRENT CORRESPONDENCE ADDRESS(Note: Use Block 1 for any changeof address)
`
`10/05/2018
`7590
`64735
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`MASIMO CORPORATION (MASIMO)
`2040 MAIN STREET
`FOURTEENTH FLOOR
`IRVINE, CA 92614
`
`can only be used for domestic mailings of the
`Note: A certificate of mailing
`Fee(s) Transmittal. This certificate cannot be used for any other accompanying
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`
`(ate)
`
`Depositor's name)
`(Signature)
`
`APPLICATION NO.
`
`FILING DATE
`
`01/26/2018
`15/881,602
`TITLE OF INVENTION: ADAPTIVE ALARM SYSTEM
`
`
`
`
`
` FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATION NO.
`
`Ammar AI-Ali
`
`MAS.780R1
`
`9078
`
`
`
`
`
`
`
`APPLN. TYPE PUBLICATION FEE DUE|PREV. PAID ISSUE FEEENTITY STATUS ISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
`
`
`
`
`
`nonprovisional
`
`UNDISCOUNTED
`
`$1000
`
`$0
`
`$0
`
`$1000
`
`01/07/2019
`
`EXAMINER
`
`ART UNIT
`
`CLASS-SUBCLASS
`
`FLANAGAN, BEVERLY MEINDL
`
`3993
`
`600-323000
`
`2. For printing on the patent front page,list
`(1) The namesofup to 3 registered patent attorneys
`or agents OR,alternatively,
`(2) The nameofa single firm (having as a member a
`2
`registered attorney or agent) and the namesof up to
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`listed, no namewill be printed.
`
`
`
`43
`
`
`
`
`
`1. Change of correspondence address or indication of "Fee Address" (37
`CFR 1.363).
`LI Change of correspondence address (or Change of Correspondence
`Address form PTO/SB/122) attached.
`LI "Fee Address" indication (or "Fee Address” Indication form
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
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`PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent.
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`Registration No.
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`PTOL-85 Part B (10-13) Approved for use through 10/31/2013.
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`OMB 0651-0033
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
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`Page 2 of 3
`
`

`

`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`APPLICATION NO.
`
`FILING DATE
`
`
`
`
`FIRST NAMED INVENTOR
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATION NO.
`
`15/881,602
`
`01/26/2018
`
`Ammar AI-Ali
`
`MAS.780R1
`
`9078
`
`64735
`
`7590
`
`10/05/2018
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`MASIMO CORPORATION (MASIMO)
`2040 MAIN STREET
`FOURTEENTH FLOOR
`IRVINE, CA 92614
`
`FLANAGAN,BEVERLY MEINDL
`
`3993
`
`DATE MAILED: 10/05/2018
`
`Determination of Patent Term Extension or Adjustment under 35 U.S.C. 154 (b)
`
`A reissue patent is for "the unexpired part of the term of the original patent." See 35 U.S.C. 251. Accordingly, the
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`PTOL-85 (Rev. 02/11)
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`Page 3 of 3
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`

`

`OMB Clearance and PRA Burden Statement for PTOL-85 Part B
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`

`

`
`
`:
`
`Notice of Allowability
`
`aye
`
`Application No.
`15/881,602
`i
`
`BEVERLY M. FLANAGAN
`
`Art Unit: 3993 U.S. Patent and Trademark Office
`
`Applicant(s)
`AL-ALI, AMMAR
`i
`AIA (First Inventorto File)
`
`3093m
`
`Status
`
`No
`
`-- 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 GRANT OF PATENT RIGHTS.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. KJ This communication is responsive to response and amendmentfiled 7/17/18.
`LIA declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2. 1 Anelection was madeby the applicant in responsetoa restriction requirementset forth during the interview on
`requirement and election have been incorporated into this action.
`
`; the restriction
`
`3. KJ The allowed claim(s) is/are 1-10 and 12-18. As a result of the allowed claim(s), you maybeeligible to benefit from the Patent
`Prosecution Highway program at a participating intellectual property office for the corresponding application. For more information,
`please see http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`4. 1] Acknowledgmentis made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`
`Certified copies:
`*c) (J None of the:
`a) All
`b)[JSome
`1. [J Certified copies of the priority documents have been received.
`2. CF] Certified copies of the priority documents have been received in Application No.
`3. [1 Copiesofthe 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. J CORRECTED DRAWINGS( as “replacement sheets”) must be submitted.
`
`C1
`
`including changes required by the attached Examiner's Amendment / Commentor in the Office action of
`Paper No./Mail Date__x
`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 suchin the header according to 37 CFR 1.121(d).
`6. [] DEPOSIT OF and/or INFORMATIONaboutthe deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Attachment(s)
`1. [J Notice of References Cited (PTO-892)
`2. CZ Information Disclosure Statements (PTO/SB/08),
`Paper No./Mail Date
`3. J Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`4. [1] Interview Summary (PTO-413),
`Paper No./Mail Date
`.
`
`/BEVERLY M FLANAGAN/
`Primary Examiner
`
`5. (J Examiner's Amendment/Comment
`6. ] Examiner's Statement of Reasonsfor Allowance
`
`7. Other
`
`.
`
`Conferees:
`
`/GKD/ and /GAS/
`
`PTOL-37 (Rev. 08-13)
`
`Notice of Allowability
`
`Part of Paper No./Mail Date 20180921
`
`

`

`Application/Control Number: 15/881 ,602
`Art Unit: 3993
`
`Page 2
`
`Response Filed
`
`Applicant’s response,filed July 17, 2018, has been entered and madeof record.
`
`Claims 11 and 19-23 have been canceled.
`
`Claims Allowed
`
`Claims 1-10 and 12-18 are allowed.
`
`REASONS FOR ALLOWANCE
`
`The following is an examiner's statement of reasons for allowance: Independent
`
`claims 1 and 12 recite that the second alarm threshold has a value less than the at least
`
`first (one) oxygen saturation value and greater than a lowerlimit and at an offset from
`
`the at leastfirst (one) oxygen saturation value, wherein the offset is diminished as a
`
`difference betweenthe at leastfirst (one) oxygen saturation value and the lowerlimit
`
`diminishes.” This feature is not taught by the prior art. Baker, Jr, which is exemplary of
`
`the prior art, while it teaches changing or reconfiguring the threshold valuesfor
`
`triggering an alarm, does not teach that the second alarm threshold is at an offset from
`
`the measured oxygen saturation value andthat the offset is diminished as a difference
`
`between the measured oxygen saturation value and the lowerlimit diminishes. Baker,
`
`Jr. also does teach a lowerlimit, just an alarm threshold.
`
`In the responsefiled July 17,
`
`2018, applicant has incorporated the allowable subject matter of claim 11 into
`
`independent claim 8 (e.g., “where the second alarm threshold is at a value less than the
`
`at least one oxygen saturation value and greater than the lowerlimit and at an offset
`
`

`

`Application/Control Number: 15/881 ,602
`Art Unit: 3993
`
`Page 3
`
`from the at least one oxygen saturation value, wherein the offset is diminished as a
`
`difference between the at least one oxygen saturation value and the lowerlimit
`
`diminishes"). Accordingly, claims 1-10 and 12-18 are allowed.
`
`Any comments considered necessary by applicant must be submitted no later
`
`than the paymentof the issue fee and, to avoid processing delays, should preferably
`
`accompany the issue fee. Such submissions should be clearly labeled “Comments on
`
`Statement of Reasons for Allowance.”
`
`Anyinquiry concerning this communication or earlier communications from the
`
`examiner should be directed to BEVERLY FLANAGANwhosetelephone numberis
`
`(571) 272-4766. The examiner can normally be reached on Mondaythrough Friday.
`
`If attempts to reach the examiner by telephone are unsuccessful, Supervisory
`
`Reexamination Specialist Gay Spahn can be reached on (571) 272-7731. The fax
`
`phone numberfor the organization wherethis 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.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`

`

`Application/Control Number: 15/881 ,602
`Art Unit: 3993
`
`Page 4
`
`you have questions on accessto the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automatedinformation
`
`system, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/Beverly M. Flanagan/
`Beverly M. Flanagan
`Primary Examiner
`CRU — Art Unit 3993
`
`Conf:
`
`/GKD/ and /GAS/
`
`