DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05/26/2026 has been entered.
Status of Claims
Applicant's arguments, filed 05/26/2026, have been fully considered. The following rejections and/or objections are either reiterated or newly applied. They constitute the complete set presently being applied to the instant application.
Applicants have amended their claims, filed 05/26/2026, and therefore rejections newly made in the instant office action have been necessitated by amendment.
Applicants have amended claims 1, 6, and 13-14.
Applicants have left claims 2-3, 7-9, 11, 15, and 16 as originally filed/previously presented.
Applicants have introduced new claims 17-20.
Applicants have canceled/previously canceled claims 4-5, 10, and 12.
Claims 1-3, 6-9, 11, and 13-20 are the current claims hereby under examination.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections - Withdrawn and Newly Applied Necessitated by Applicant’s Amendments
Claim 1 is objected to because of the following informalities:
Regarding claim 1, line 5 recites “near-infrared images” however it appears it should read --near-infrared pictures-- (emphasis added) to maintain consistent claim language.
Response to Arguments
Applicant’s arguments, see page 6 of Remarks, filed 05/26/2026, with respect to claims 1 and 14 have been fully considered and are persuasive. Applicants have amended the claims, rendering the objections moot. The objections of claims 1 and 14 have been withdrawn. However, there are new claim objections.
Claim Rejections - 35 USC § 112 - Newly Applied Necessitated by Applicant’s Amendments
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-3, 6-9, 11, and 13-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, lines 5-6 recite “two or more wavelengths …”. However, claim 1, line 21 further recites “at least one wavelength …”. In light of the specification, it is currently unclear if “at least one wavelength” is the same as, related to, or different from, “two or more wavelengths”. For the purposes of examination, “at least one wavelength” is being interpreted as being related to “two or more wavelengths”. It is recommended to the Applicant to either clearly link or clearly differentiate between the two recitations of wavelengths.
The dependent claims of the above rejected claim are rejected due to their dependency.
Claim Rejections - 35 USC § 103 - Newly Applied Necessitated by Applicant’s Amendments
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3, 6-9, 11, 13-16, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Merritt et al. (US 20100026995 A1) (cited in the IDS filed 01/14/2022) (previously cited), hereinafter referred to as Merritt, in view of Yosef Segman (US 20190069821 A1) (cited in the IDS filed 01/14/2022) (previously cited), hereinafter referred to as Segman, in view of Steve White (US 20090018420 A1) (previously cited), hereinafter referred to as White.
The claims are generally directed towards a noninvasive smart glucometer comprising: a near-infrared picture acquisition device, wherein the near-infrared picture acquisition device comprises a finger fixing device comprising a U-shaped groove configured for a user to put a fingertip, a near-infrared camera disposed on a bottom side of the finger fixing device and configured to sequentially capture near-infrared images of the fingertip at two or more wavelengths to allow generation of spatially-resolved near-infrared images comprising pixel- based image data, and a near-infrared light source disposed on a top side of the finger fixing device opposite to the bottom side, wherein the near-infrared camera detects transmitted light through the fingertip from the near-infrared light source; a capacitive touch-sensitive switch placed on a top side of the U-shaped groove and configured for the user to put the fingertip on a top side of the capacitive touch-sensitive switch to start an acquisition of near-infrared pictures of the fingertip, wherein both the top side of the U-shaped groove and the top side of the capacitive touch-sensitive switch are opposite to the bottom side of the finger fixing device; and a processor comprising a comparison and calibration module, wherein the comparison and calibration module is a noninvasive component, wherein the comparison and calibration module is configured to train on the processor by using a training engine being embedded into the comparison and calibration module, wherein the near-infrared picture acquisition device is used for noninvasively acquiring near-infrared pictures of the user's finger, and the processor is used for processing, comparing and calibrating the near-infrared pictures based on at least one wavelength of the near-infrared light in real time and then directly outputting the user's blood glucose index.
Regarding claim 1, Merritt discloses a noninvasive smart glucometer (Abstract, Fig. 1, Fig. 2, para. [0007]) comprising:
a near-infrared picture acquisition device (Fig. 2A, element 200A, “monitoring device”, para. [0089]), wherein the near-infrared picture acquisition device comprises a finger fixing device comprising a U-shaped groove configured for a user to put a fingertip (Fig. 1, Fig. 2A, element 201a, Fig. 7A, element 710A, - tissue bed 710a is U shaped, para. [0059], “tissue shaper … concave surface can also provide more surface area from which light can be detected”, para. [0090], “sensor … conform to the shape, for example, of a patient’s finger”), a near-infrared detector disposed on a bottom side of the finger fixing device (Fig. 1, elements 106, Fig. 7A, elements 106 are on one side of element 701A, para. [0048], “detectors can detect optical radiation … near infrared”, para. [0075], “detectors capture and measure light from the measurement site … detectors can be implemented using one or more photodiodes, phototransistors, or the like …”, para. [0076-0083]), and a near-infrared light source disposed on a top side of the finger fixing device opposite to the bottom side (Fig. 1, element 104, Fig. 7A, elements 104 are on a second side of element 701A, opposite to elements 106, para. [0063-0070]), wherein the near-infrared detector detects transmitted light through the fingertip from the near-infrared light source (Fig. 1, Fig. 7A, para. [0058-0059], para. [0075]); and
a processor (Fig. 1, element 110, “signal processor”, para. [0083-0084]).
Merritt teaches using detectors to detect optical radiation, including near infrared to obtain a glucose measurement (para. [0048], para. [0075], para. [0076-0083]). However, Merritt does not explicitly disclose using a near-infrared camera configured to sequentially capture near-infrared images of the fingertip at two or more wavelengths to allow generation of spatially-resolved near-infrared images comprising pixel-based image data, the processor comprising a comparison and calibration module, wherein the comparison and calibration module is a noninvasive component, wherein the comparison and calibration module is configured to train on the processor by using a training engine being embedded into the comparison and calibration module, wherein the near-infrared picture acquisition device is used for noninvasively acquiring near-infrared pictures of the user's finger, and the processor is used for processing, comparing and calibrating the near-infrared pictures based on at least one wavelength of the near-infrared light in real time and then directly outputting the user's blood glucose index.
Segman teaches an analogous near-infrared picture acquisition device for monitoring blood glucose using a color image sensor (Abstract, Fig. 1A-B, para. [0008]). Segman further teaches a near-infrared camera (Fig. 1A, element 40, “image sensor”, para. [0024]) configured to sequentially capture near-infrared images of the fingertip at two or more wavelengths to allow generation of spatially-resolved near-infrared images comprising pixel-based image data (para. [0024], “one or more color image sensors … continuous absorption that vary from 350 nm up to 1000 nm in three color planes …”). Segman further teaches the device comprises a processor comprising a comparison and calibration module (Fig. 4, Fig. 5, elements 50 and 55, para. [0024], “personal calibration …”, para. [0076-0083], “one or more processors programmed using program code …”), wherein the comparison and calibration module is a noninvasive component (Fig. 5, elements 50 and 55, para. [0077], “device 10 may have one or more processors …” - element 50 and 55 of element 30 are located within the “non-invasive component”), wherein the comparison and calibration module is configured to train on the processor by using a training engine being embedded into the comparison and calibration module (Fig. 2, Fig. 4, Fig. 5, elements 50 and 55, para. [0025-0071], “images converted into a vector … vector v is associated with a particular at least one invasive blood glucose measurement … learning matrix is formed by the one or more processors … adaptive machine learning … calibration completed … device is ready to perform non-invasive reading independently …”, para. [0076-0083]). Segman further teaches the near-infrared picture device is used for noninvasively acquiring near-infrared pictures of the user's finger, and the processor is used for processing, comparing and calibrating the near-infrared pictures based on at least one wavelength of the near-infrared light in real time and then directly outputting the user's blood glucose index (para. [0022-0024], “microcontroller … calibrating the noninvasive component … algorithm executed in the DSP component …”, para. [0025-0071], “calibration completed … device is ready to perform non-invasive reading independently …”, para. [0076], “the non-invasive component including one or more color image sensors 40 configured to generate a series of images reflecting absorption of light (from a light source S) having traversed the tissue of the body part of the person”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the detectors and processor disclosed by Merritt to explicitly use a near-infrared camera configured to sequentially capture near-infrared images of the fingertip at two or more wavelengths to allow generation of spatially-resolved near-infrared images comprising pixel-based image data, to acquire near-infrared pictures to output a measurement result of the user’s blood glucose, and have the processor comprising a comparison and calibration module, wherein the comparison and calibration module is a noninvasive component, wherein the comparison and calibration module is configured to train on the processor by using a training engine being embedded into the comparison and calibration module, wherein the near-infrared picture acquisition device is used for noninvasively acquiring near-infrared pictures of the user's finger, and the processor is used for processing, comparing and calibrating the near-infrared pictures based on at least one wavelength of the near-infrared light in real time and then directly outputting the user's blood glucose index, as taught by Segman. This is because Segman teaches a near-infrared camera obtaining images allows for richer information to be obtained as compared to discrete sensors, allowing for better glucose measurements (para. [0023-0024]). Additionally, one of ordinary skill in the art would recognize a near-infrared camera as a simple substitution of one light sensing technique for another. Segman further teaches a comparison and calibration module with a training engine to compare and calibration near-infrared pictures based on at least one wavelength allows for personal calibration to be performed for the user, and allowing the device to be used independently from an invasive component (para. [0024], para. [0071]).
However, modified Merritt does not explicitly disclose a capacitive touch-sensitive switch placed on a top side of the U-shaped groove and configured for the user to put the fingertip on a top side of the capacitive touch-sensitive switch to start an acquisition of near-infrared pictures of the fingertip, wherein both the top side of the U-shaped groove and the top side of the capacitive touch-sensitive switch are opposite to the bottom side of the finger fixing device.
White teaches of an analogous apparatus for spectroscopic evaluation of a subject’s body fluids (Abstract, Fig. 29, Fig. 30, para. [0058-0059]). White further teaches the apparatus includes a capacitive touch-sensitive switch configured for the user to put the fingertip on a top side of the capacitive touch-sensitive switch to start an acquisition of near-infrared pictures of the fingertip (para. [0074], “touch sensor may be used so that the device turns on as soon as a subject touches part of the device. A capacitive or resistive touch switch may be used to create a touch sensor”, para. [0131], “subject’s single finger …”, para. [0140], “top of a finger”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the glucometer disclosed by modified Merritt to additionally include a capacitive touch-sensitive switch configured for the user to put the fingertip on a top side of the capacitive touch-sensitive switch to start an acquisition of near-infrared pictures of the fingertip, as taught by White. This is because White teaches a capacitive touch-sensitive switch allows for the device to be activated and turned off when not in use (para. [0075]), which allows for the device to conserve power.
As to location of touch-sensitive switch in relation to the U-shaped groove and the bottom side of the finger fixing device, White teaches the location of the capacitive touch switch can be located just above a radiation source, and the switch can be positioned in other locations as appropriate for their specific function (para. [0075]). The location of the touch-sensitive switch will depend upon the available space within the glucometer and the specific function. As such, the location of touch-sensitive switch is a results-effective variables that would have been optimized through routine experimentation based on available space within the glucometer and design parameters of when acquisition is to be started in response to the fingertip. It would have been obvious to one of ordinary skill in the art at the time of invention to select the location of the touch-sensitive switch so as to be placed on a top side of the U-shaped groove, wherein both the top side of the U-shaped groove and the top side of the capacitive touch-sensitive switch are opposite to the bottom side of the finger fixing device.
Alternatively and/or additionally, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the capacitive touch-sensitive switch taught by modified Merritt to explicitly be placed on a top side of the U-shape groove, wherein both the top side of the U-shaped groove and the top side of the capacitive touch-sensitive switch are opposite to the bottom side of the finger fixing device as the shifting of the switch would not modify the operation of the touch-sensitive switch in regards to starting an acquisition of near-infrared pictures when a fingertip is placed on top (see MPEP 2144.04, VI, C).
Regarding claim 2, modified Merritt discloses the noninvasive smart glucometer according to claim 1, further comprising an input-output device comprising a touch screen for the user's manipulation and displaying information (para. [0085], “user interface can provide an output … touch-screen display … user interface can be manipulated”).
Regarding claim 3, modified Merritt discloses the noninvasive smart glucometer according to claim 1, further comprising an external device and an interface communicating with the external device, the external device communicating with other components of the noninvasive smart glucometer in a wired and/or wireless way (Fig. 1, element 112, element 116, para. [0085-0086]).
Regarding claim 6, modified Merritt discloses the noninvasive smart glucometer according to claim 1, wherein the near-infrared light source comprises two or more sets of near-infrared lamps emitting near-infrared light with different wavelengths (para. [0063], “one or more sources of optical radiation …”, para. [0066], para. [0070]).
Regarding claim 7, modified Merritt discloses the noninvasive smart glucometer according to claim 1, wherein the near-infrared light source comprises three sets of near-infrared lamps emitting near-infrared light with different wavelengths (para. [0063], “one or more sources of optical radiation …”, para. [0066], “emitter can emit optical radiation at three or more wavelengths”, para. [0070]).
Regarding claim 8, modified Merritt discloses the noninvasive smart glucometer according to claim 7, wherein the near-infrared picture acquisition device sequentially acquires three sets of near-infrared pictures with different wavelengths (para. [0047-0048], para. [0066], para. [0075-0076], para. [0175], “sequence of pulses of light of around 905 nm, around 1200 nm, around 1300 nm, and around 1330 nm …”).
Regarding claim 9, modified Merritt discloses the noninvasive smart glucometer according to claim 1, wherein the at least one wavelength of near-infrared light emitted by the near-infrared light source ranges from 700 nm to 1800 nm (para. [0066-0068], para. [0174]).
Regarding claim 11, modified Merritt discloses the noninvasive smart glucometer according to claim 1, wherein the near-infrared camera and the finger fixing device are separated by transparent glass (Fig. 7A, 731 - elements 104 and 106 are separated by element 731, para. [0152], “glass layer”, para. [0159-0160], “glass layer 731 … transparent, electrically conductive materials can be used as the material 733”).
Regarding claim 13, modified Merritt discloses the noninvasive smart glucometer according to claim 1.
However, modified Merritt does not explicitly disclose wherein the processor comprises a picture processing module, wherein the picture processing module processes the acquired near-infrared pictures and then transmits the pictures to the comparison and calibration module for comparison and calibration, and the picture processing module associates the acquired near-infrared pictures with the at least one wavelength of near-infrared light at a time of shooting.
Segman further teaches a picture processing module (para. [0022]), wherein the picture processing module processes the acquired near-infrared pictures and then transmits the pictures to the comparison and calibration module for comparison and calibration (para. [0023-0024], para. [0076-0103]), and the picture processing module associates the acquired near-infrared pictures with the at least one wavelength of near-infrared light at a time of shooting (para. [0028], “constructing a vector … wavelength index …, para. [0076-0103], “convert the series of images into a vector … wherein the vector is associated with a particular at least one invasive blood glucose measurement …”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by modified Merritt to additionally include a picture processing module, wherein the picture processing module processes the acquired near-infrared pictures and then transmits the pictures to the comparison and calibration module for comparison and calibration, and the picture processing module associates the acquired near-infrared pictures with the at least one wavelength of near-infrared light at a time of shooting, as taught by Segman. This is because Segman teaches calibrating and comparison of infrared pictures allows for more accurate glucose level determination (para. [0024], para. [0077-0083]).
Regarding claim 14, modified Merritt discloses the noninvasive smart glucometer according to claim 13.
However, modified Merritt does not explicitly disclose wherein the training engine comprises an artificial intelligence machine learning algorithm and is trained with training data, and the training data comprises a finger near-infrared light picture of a person to be acquired and a corresponding blood glucose index, and the at least one wavelength of the near-infrared light corresponding to the finger near-infrared light picture used in the training data is the same as the wavelength of the near-infrared light used by the finger near-infrared picture acquisition device.
Segman further teaches the training engine comprises an artificial intelligence machine learning algorithm and is trained with training data, and the training data comprises a finger near-infrared light picture of a person to be acquired and a corresponding blood glucose index, and the at least one wavelength of the near-infrared light corresponding to the finger near-infrared light picture used in the training data is the same as the wavelength of the near-infrared light used by the finger near-infrared picture acquisition device (Fig. 4, Fig. 5, para. [0022], para. [0026-0061], “invasively measuring the blood glucose of the person using an invasive component … repeating to produce at least an additional invasive blood glucose measurement … within a proximity time … one or more color image sensors in the non-invasive component of the device generates a series of images reflecting absorption of light … converted into a vector … vector is associated with a particular at least one invasive blood glucose measurement … brain neural mechanism … adaptive learning machine associates groups of vectors to various glucose levels …”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device disclosed by modified Merritt to additionally include applying artificial intelligence meaning learning algorithm and training data, as taught by Segman. This is because Segman teaches training an artificial intelligence machine learning algorithm allows for device to accurately determine and correlate an obtained image with a blood glucose value (para. [0044]).
Regarding claim 15, modified Merritt discloses the noninvasive smart glucometer according to claim 14.
However, modified Merritt does not explicitly disclose wherein the comparison and calibration module is set to be able to operate under a condition without a network.
Segman further teaches the comparison and calibration module is set to be able to operate under a condition without a network (Fig. 5, para. [0022], “medical and control subsystems are embedded in a single processor such as DSP or microcontroller …”, para. [0075], “color image sensor that is connected to one or more processors of a non-invasive component of device …” - the DSP or microcontroller is configured to perform the functions of the comparison and calibration module, therefore no network is required). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the module disclosed by modified Merritt to explicitly operate under a condition without a network, as taught by Segman. This is because one of ordinary skill in the art would recognize that operating without a network allows for the device to operate and obtain glucose readings in any location, increasing the usability.
Regarding claim 16, modified Merritt discloses the noninvasive smart glucometer according to claim 1, light from the near-infrared light source penetrates through the fingertip and is then detected by the near-infrared camera (Fig. 1, Fig. 7A, para. [0058-0059], para. [0075]).
Regarding claim 18, modified Merritt discloses the noninvasive smart glucometer according to claim 1.
However, modified Merritt does not explicitly disclose wherein a plurality of pictures are acquired by the near-infrared camera under every wavelength for each blood glucose value.
Segman further teaches a plurality of pictures are acquired by the near-infrared camera under every wavelength for each blood glucose value (para. [0023-0024], “absorbing continuous wavelength light usually in the range from blue to IR … one or more color image sensors … continuous absorption …”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the glucometer taught by modified Merritt to additionally acquire a plurality of pictures by the near-infrared camera under every wavelength for each blood glucose value, as taught by Segman. This is because Segman teaches obtaining continuous data from color image sensors allows for richer information compared to a standard pulse oximetry sensor (para. [0023]).
Regarding claim 19, modified Merritt discloses the noninvasive smart glucometer according to claim 18.
However, modified Merrit does not explicitly disclose wherein at least 40 pictures are acquired by the near-infrared camera under every wavelength for each blood glucose value.
Segman further teaches at least 40 pictures are acquired by the near-infrared camera under every wavelength for each blood glucose value (para. [0023-0024], “absorbing continuous wavelength light usually in the range from blue to IR … one or more color image sensors … continuous absorption …” - the image sensors operate continuously, therefore at least 40 frames are obtained). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the glucometer taught by modified Merritt to additionally acquire at least 40 pictures by the near-infrared camera under every wavelength for each blood glucose value, as taught by Segman. This is because Segman teaches obtaining continuous data from color image sensors allows for richer information compared to a standard pulse oximetry sensor (para. [0023]).
Regarding claim 20, modified Merritt discloses the noninvasive smart glucometer according to claim 1.
However, modified Merritt does not explicitly disclose wherein the near-infrared picture acquisition device sequentially acquires near-infrared pictures with different wavelengths in less than 1 second.
Segman further teaches the near-infrared picture acquisition device sequentially acquires near-infrared pictures with different wavelengths in less than 1 second (para. [0023-0024], “absorbing continuous wavelength light usually in the range from blue to IR … one or more color image sensors … continuous absorption …” - the image sensors operate continuously, therefore pictures are acquired simultaneously from the one or more color image sensors continuously). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the glucometer taught by modified Merritt to additionally acquire near-infrared pictures with different wavelengths in less than 1 second, as taught by Segman. This is because Segman teaches obtaining continuous data from color image sensors allows for richer information compared to a standard pulse oximetry sensor (para. [0023]).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Merritt et al. (US 20100026995 A1) (cited in the IDS filed 01/14/2022) (previously cited), hereinafter referred to as Merritt, in view of Yosef Segman (US 20190069821 A1) (cited in the IDS filed 01/14/2022) (previously cited), hereinafter referred to as Segman, in view of Steve White (US 20090018420 A1) (previously cited), hereinafter referred to as White as applied to claim 1 above, and further in view of Hideo Sato (US 20140316224 A1), hereinafter referred to Sato.
Regarding claim 17, Merritt discloses the noninvasive smart glucometer according to claim 1.
However, Merritt does not explicitly disclose wherein the comparison and calibration module does not rely on calibrations using any invasive blood glucose measurement.
Sato teaches of an analogous noninvasive glucometer (Abstract, para. [0007]), comprising a near-infrared picture acquisition device and a near-infrared light source (Fig. 4, para. [0050-0068]). Sato teaches the glucometer comprises a processor comprising a comparison and calibration module (Fig. 8, Fig. 9, para. [0137-0139]). Sato further teaches the comparison and calibration module does not rely on calibrations using any invasive blood glucose measurement (para. [0137-0139]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the comparison and calibration module taught by modified Merritt to not rely on calibrations using any invasive blood glucose measurement, as taught by Sato. This is because Sato teaches non-invasive correction data can be obtained to account of scattering/diffusion characteristics in the living body, further improving the accuracy in multivariate analysis (para. [0137-0138]).
Response to Arguments
Applicant's arguments filed 05/26/2026 have been fully considered but they are not persuasive.
Applicants have argued on pages 6-7 of Remarks, filed 05/26/2026, that “Merritt does not teach or suggest using near-infrared camera as taught by Segman “to sequentially capture near-infrared images of the fingertip at two or more wavelengths to allow generate of spatially-resolved near-infrared images … modification of Merritt … would render the intended purpose of determining glucose presence based upon Beer-Lambert law to be unfit or unsatisfactory …”.
The Examiner respectfully disagrees. First, as recited above in the nearly applied rejection, Segman teaches a near-infrared camera configured to sequentially capture near-infrared images of the fingertip at two or more wavelengths to allow generation of spatially-resolved near-infrared images comprising pixel-based image data. Second, Applicants arguments regarding the modification of utilizing a near-infrared camera rendering the intended purpose of determining glucose presence based upon Beer-Lambert law to be unfit or unsatisfactory is not considered persuasive. Merritt explicitly discloses different detectors can be implemented to capture and measure light (para. [0075]), and spectroscopy measurements can encounter several difficulties, and explicitly suggests other techniques can be utilized to allow for measurements of glucose (para. [0213-0214]). Therefore, as recited above, one of ordinary skill in the art would have been motivated in view of Segman to utilize a near-infrared camera to capture near-infrared images as claimed.
Applicant’s have argued on pages 7-8 of Remarks, filed 05/26/2026, that “White teaches away from the claimed location in multiple places …”).
The Examiner respectfully disagrees. White explicitly discloses “It should be understood, however, that the sensors can be positioned in other locations as appropriate for their specific function”. Further, the Examiners respectfully disagrees with Applicant’s arguments regarding unexpected results. Applicant’s have not established the differences in results are in fact unexpected and of both statistical and practical significant (see MPEP 716.02(b), I). As reiterated in the rejection above, White explicitly teaches utilizing a touch-sensitive switch for starting a device, and the switch can be located in multiple different positions for starting the device.
Applicant’s have argued on pages 8-9 of Remarks, filed 05/26/2026, that “Segman discloses an add-on for calibration … the add-on is an invasive module”.
The Examiner respectfully disagrees. As reiterated in the rejection above, and from the Final mailed on 11/25/2025, Segman discloses a processor comprising a comparison and calibration module (Fig. 5, elements 50 and 55, para. [0077], “device 10 may have one or more processors …” - element 50 and 55 of element 30 are located within the “non-invasive component”). While Segman teaches utilizing invasively measured blood glucose values, the one or more processors comprising the comparison and calibration module of Segman as cited above are not invasive (i.e., the one or more processors comprising the comparison and calibration module are not implanted into the user). Further, Segman explicitly discloses the device can comprise only one processor, and the one processor can be located within element 30 (Fig. 5, para. [0077]).
Applicants have argued on pages 9-10 of Remarks, filed 05/26/2026, that “Segman does not disclose ‘wherein the processor is used for processing, comparing and calibrating the near-infrared pictures based on at least one wavelength of the near-infrared light in real time …”.
The Examiner respectfully disagrees. As reiterated in the rejection above, and from the Final mailed on 11/25/2025, Segman explicitly teaches images are converted into a vector, a learning matrix is formed, and calibration is completed to perform non-invasive reading independently (para. [0025-0071]). Applications arguments regarding the differences in “calibration” and “real-time” are not commensurate in scope with the claimed invention. The claims currently do not recite specifics regarding what “calibrating the near-infrared pictures” includes or does not include.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE W KRETZER whose telephone number is (571)272-1907. The examiner can normally be reached Monday through Friday 8:30 AM to 5:30 PM.
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/K.W.K./Examiner, Art Unit 3791
/JASON M SIMS/Supervisory Patent Examiner, Art Unit 3791
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