Application No.: 15/881602
`Filing Date:
`January 26, 2018
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`REMARKS
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`In this Amendment, claims 1, 8, and 17 have been amended without prejudice or
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`disclaimer to previously-presented versions of the claims, and claims 11, 19-23 have
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`been canceled without prejudice or disclaimer to previously-presented versions of the
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`claims. Applicant respectfully submits that the amendments are supported by U.S.
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`Patent No. 9,775,570 and that no new matter is being added.
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`For example,
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`the
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`amendments are supported, but not limited, by previously pending dependent claims.
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`Accordingly, entry of the amendmentsis respectfully requested.
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`Allowable Subject Matter
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`The Office Action indicated the Claim 11 “is objected to as being dependent upon
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`a rejected base claim, but would be allowable if rewritten in independent form including
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`all of the limitations of the base claim and any intervening claims.” Office Action, 6. The
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`Office Action further indicated that Claims 1 — 7 and 12-18 are allowed.
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`/d. Applicant
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`has incorporated the allowable subject matter of Claim 11
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`into its corresponding
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`independent Claim 8. Applicant has further canceled remaining claims 19-23. Applicant
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`respectfully requests that this application is now in condition for allowance. Applicant
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`may pursue previously pending Claims 8 and 19-23 in reissue continuation applications.
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`Applicant makes the following comments
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`in
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`response to the Examiner’s
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`description of allowable subject matter.
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`Office Action, 6. Applicant
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`respectfully
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`disagrees with the Examiner's statement to the extent that
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`it may characterize the
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`language or scope of the claims pending in this application or in any other prior art
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`referenced in the statement. Applicant notes that it is the language of the claims, not
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`the Examiner's characterization of the language that determines the scope of the
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`claims. Also,
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`to the extent that there is any implication that the patentability of the
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`claims rests on the recitation of a single feature or subset of features, Applicant
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`respectfully disagrees with the Examiners statement because it
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`is
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`the recited
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`combination of features that makes the claims patentable.
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`-8-
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`

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`Application No.: 15/881602
`Filing Date:
`January 26, 2018
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`Rejection of Claims 1_- 7 Under 35 U.S.C § 112, Second paragraph
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`The Office Action rejected Claim 1 and its corresponding dependent claims as
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`being indefinite under § 112, second paragraph. Office Action, 3.
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`In particular, the
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`Office Action stated that there is insufficient antecedent basis for “at least first oxygen
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`saturation value.”
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`/d. Applicant has amended Claim 1 solely for the purposes of
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`clarification to resolve the antecedent basis. Based at
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`least on the amendment,
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`Applicant respectfully requests withdrawal of the rejection against Claim 1 and its
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`corresponding dependentclaims.
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`Art Based Rejection
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`The Office Action rejected Claims 8 — 10 and 19-23 as either allegedly
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`anticipated under 35 U.S.C. § 102(b) or allegedly obvious under § 103(a) over U.S. Pat.
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`Pub. No. 2009/0247848 to Baker, Jr. (“Baker”). Office Action, 4. Applicant respectfully
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`disagrees with the rejection and the characterization of the claims. Solely in the interest
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`of expediting prosecution, Applicant has incorporated the allowable subject matter of
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`dependent Claim 11
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`into independent Claim 8.
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`Furthermore, Claims 19-23 were
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`canceled without prejudice or disclaimer. Accordingly, the rejection is moot and the
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`application is in condition for allowance.
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`No Disclaimers or Disavowals
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`Although the present communication may include alterations to the application or
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`claims, or characterizations of claim scope or referenced art, Applicant is not conceding
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`in this application that previously pending claims are not patentable over the cited
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`references. Rather, any alterations or characterizations are being made to facilitate
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`expeditious prosecution of this application. Applicant reserves the right to pursue at a
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`later date any previously pending or other broader or narrower claims that capture any
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`subject matter supported by the present disclosure, including subject matter found to be
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`specifically disclaimed herein or by any prior prosecution. Accordingly, reviewers of this
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`or any parent, child or related prosecution history shall not reasonably infer that
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`Applicant has made any disclaimers or disavowals of any subject matter supported by
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`-9-
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`

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`Application No.: 15/881602
`Filing Date:
`January 26, 2018
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`the present application. Further, Applicant's arguments in favor of one independent
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`claim should not be imputed to any other independentclaim.
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`Conclusion
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`In view of
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`the foregoing amendments and remarks, Applicant
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`respectfully
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`requests that the Examiner withdraw the outstanding rejections and allow the present
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`application.
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`If any issues arise during examination, the Examineris invited to call the
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`undersigned representative at his direct dial numberlisted below.
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`By focusing on specific claims and claim recitations in the discussion above,
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`Applicant does not intend to imply that other claim recitations are disclosed or rendered
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`obvious by the art of record.
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`Please charge any additional fees,
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`including any fees for additional extension of
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`time, or credit overpayment to Deposit Account No. 11-1410.
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`Respectfully submitted,
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`KNOBBE, MARTENS, OLSON & BEAR, LLP
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`By:/Harnik Shukla/
`Harnik Shukla
`Registration No. 73,097
`Registered Practitioner
`Customer No. 64735
`(949) 721-5278
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`Dated: July 17, 2018
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`28675919
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`-10-
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