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 .
Response to Amendment
The amendment filed 03/15/2026 has been entered. Claim 24 has been canceled. Accordingly, claims 1, 3-5, 11, 15, 17, 21, 23, 25-27, 29-30, 32, 37, and 42 remain pending in the application. Applicant’s amendments to the claims have overcome each and every 112(b)/(d) rejections previously set forth in the Non-Final Office Action mailed 12/16/2025.
Response to Arguments
Applicant’s arguments regarding reference Gu with respect to claim 1 and claims depending therefrom have been considered but are moot because the new ground of rejection does not rely on any reference (Gu) applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant argues, on page 10 of Remarks filed 03/15/2026, “Therefore, the skilled person would not be motivated to combine the teachings of Xu with another document to improve the accuracy of the obtained PPG information as they are already taught a means to do so within Xu itself”.
Examiner respectfully disagrees with this assessment. Xu’s disclosure of multiple solutions for improving PPG accuracy does not constitute a teaching away from other alternatives, including those suggested by another reference. See MPEP § 2123, 2141.02, & MPEP § 2143.01, “the prior art’s mere disclosure of more than one alternative does not constitute a teaching away from any of these alternatives because such disclosure does not criticize, discredit, or otherwise discourage the solution claimed…." In re Fulton, 391 F.3d 1195, 1201, 73 USPQ2d 1141, 1146 (Fed. Cir. 2004)”; The disclosure of Xu does not teach away or discourage alternatives not disclosed within Xu. A person of ordinary skill in the art would not limit themselves to only suggestions disclosed by the primary reference itself, but would rather draw upon the full scope of knowledge in the field. Xu’s teaching of multiple methods to improve accuracy implies there is room for improvement and thus modification thereof, and also implies there are multiple, i.e. a finite amount of, solutions. Therefore, an ordinarily skilled person would explore and consider all possible solutions. In addition, it would be obvious to try any known or taught solution as the person of ordinary skill would be choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (See MPEP § 2143).
Nonetheless, Reference Genicot (US20200359922) is now relied upon for teaching “subsequent to obtaining PPG signals, determining one or more suitable PPG signals from only the obtained PPG signals, with the determination module”. Accordingly, Applicant’s arguments with respect to Gu are moot. Moreover, because Genicot is, similarly to Xu, directed to contact-based PPG, there should be no incompatibility issues as argued by the Applicant on page 12 of the Remarks.
Claim Rejections - 35 USC § 103
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, 5, 11, 15, 17, 21, 23, 26, and 37 are rejected under 35 U.S.C. 103 as being unpatentable over Xu (CN106020564) in view of Addison (US20140275882) and Genicot (US20200359922). Xu is cited in the IDS filed 11/18/2025.
Regarding claim 1, Xu teaches a cardiovascular monitoring apparatus (900) (Fig. 9, [0072], “PPG information detection device”, [0120], “Those skilled in the art will understand that heart rate and/or respiratory rate information can be calculated from the PPG information”, [0130]), the apparatus comprising:
a photoplethysmography (PPG) sensor (display screen) ([0072]), having at least one light emitting element and a plurality of light sensing elements, for obtaining at least one PPG signal from a patient (Fig. 6, [0074-0075], [0099], wherein light signals are transmitted and received, [0101], “on the display screen 500, the transmitting subregion includes a plurality of transmitting units 611 and the receiving sub-region includes a plurality of receiving units 612”, [0130-0131], [0138]); and
a controller (1210) comprising ([0175], [0183]):
a detection module (911) for detecting a plurality of locations on the PPG sensor (display screen) at which an object (user’s body) is detected proximate ([0141], “A contact area determination unit 911 is used to determine multiple contact areas on the display screen corresponding to the multiple parts of the user's body in response to multiple parts of the user's body contacting the display screen”);
a module (920) for obtaining signals at the detected plurality of locations using the plurality of light sensing elements ([0073], “In response to at least one part of a user's body contacting a display screen, a target area is defined on the display screen, the target area including a transmitting sub-area and a receiving sub-area”, [0075], “Control the receiving sub-region to receive a second optical signal”, [0084-0085], wherein the target area is based on the plurality of contact areas, [0117], “when the user's body has multiple contact positions with the display screen, multiple (including two) target areas can be identified, and the above method can be executed separately to obtain two sets of second light signals, and then the PPG information can be calculated comprehensively”, [0101], “the receiving sub-region includes a plurality of receiving units 612”, [0132], “A control module 920 is used… to control the receiving sub-region to receive a second optical signal”), wherein at least one of the light emitting element associated with at least one of the plurality of locations is adapted to emit light only once the plurality of locations is detected ([0073], [0084-0085], wherein the plurality of contact locations is determined in steps S220-S222, [0074], [0103], and wherein light, i.e. optical signal, is transmitted in step S240 comprises the light emitting elements being adapted to only emit light once the plurality of locations is detected);
wherein the controller comprises instructions for ([0128], [0173-0174], [0183]):
detecting a plurality of locations on the PPG sensor (display screen) at which an object is detected proximate, with the detection module (911) ([0079], “In response to at least one part of a user's body contacting a display screen, a target area is defined on the display screen, the target area including a transmitting sub-area and a receiving sub-area”, [0084], “In response to multiple parts of the user's body contacting the display screen, determine multiple contact areas on the display screen”, [0085], “Determine the target area based on the area and/or shape of the plurality of contact areas”, [0117], “when the user's body has multiple contact positions with the display screen, multiple (including two) target areas can be identified, and the above method can be executed separately to obtain two sets of second light signals, and then the PPG information can be calculated comprehensively”, [0141]);
subsequent to detecting the plurality of locations, obtaining PPG signals only at the detected plurality of locations, with the module (920) for obtaining signals ([0075], [0077], [0108], “Control the receiving sub-region to receive a second optical signal after the first optical signal has been reflected or transmitted”, wherein the sub-region or sub-area comprises the detected plurality of locations, [0115], “Determine the user's PPG information based on the second optical signal”, [0117], [0132]).
Xu further teaches wherein detecting the plurality of location comprises using optical sensors ([0086]).
However, Xu fails to teach wherein detecting the plurality of locations comprises detecting a parameter related to the ambient light and comparing the parameter to a threshold value.
In an analogous cardiovascular monitoring apparatus field of endeavor, Addison teaches such a feature. Addison teaches a physiological monitoring system including a physiological sensor comprising a light source and a photodetector configured to measure cardiac parameters (Abstract, [0015], [0031], [0067], [0069]). Addison teaches the sensor may be attached to a patient and may be proximate to a desired structural element such as a radial artery or another blood vessel ([0015]). Addison teaches wherein the system may determine a probe-off condition, the probe-off condition including any condition in which the sensor is fully or partially detached or moved from the desired target area of the patient (Abstract, [0015-0016]). Addison teaches the sensor held proximal to a radial artery may shift out of position, resulting in a probe-off condition/position ([0016]). Addison therefore teaches determining whether the sensor is proximate or not proximate to an object, the object comprising a desired target area such as the artery/blood vessel as disclosed. Addison further teaches determining a light signal component and comparing it to one or more thresholds (Abstract, [0003], [0022], [0088]). Addison teaches the system may determine that the sensor is in a probe-off condition if the ambient signal is above a threshold, indicating that the sensor/detector is detached from the subject and thus not proximate ([0022], [0088]). Addison therefore teaches wherein detecting object proximity or contact comprises detecting a parameter related to ambient light and comparing the parameter to a threshold value.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Xu to detect and compare an ambient light component to a threshold value for proximity detection as taught by Addison (Abstract, [0003], [0022], [0088]). By detecting and comparing an ambient light signal to a threshold value, the system may determine that it is indicative that the sensor is off or detached from the subject/patient and thus not proximal to the subject or a desired target area as recognized by Addison ([0004], [0015-0016], [0022], [0088]). And the clear benefit from determining whether a sensor is attached or detached from the subject/target area is the powering off or lowering of power to the sensor in the case the sensor is detached and not in use. Since Xu teaches wherein contact or proximity detection may comprise using optical sensors ([0086]), Xu may predictably be modified by the teachings of Addison to use optical sensors to detect ambient light for detecting contact/proximity.
However, the modified combination noted above fails to teach a determination module for determining whether a signal obtained by a particular light sensing element within the detected plurality of locations is suitable for deriving information relevant to a patient’s cardiovascular system; and a processing module for processing a signal that is determined to be suitable for deriving information relevant to the patient’s cardiovascular system to derive information relevant to the patient’s cardiovascular system; wherein the controller comprises instructions for: subsequent to obtaining PPG signals, determining one or more suitable PPG signals from only the obtained PPG signals, with the determination module; and subsequent to determining one or more suitable PPG signals, processing the suitable PPG signals to derive information relevant to the patient’s cardiovascular system, with the processing module.
In an analogous cardiovascular monitoring apparatus field of endeavor, Genicot teaches such a feature. Genicot teaches a method for contact photoplethysmography (PPG) (Fig. 1, Abstract, [0100]). Genicot teaches wherein the measurement components, i.e. light sources and photodetectors, are in direct contact with the skin of the monitored person ([0001], [0007]). Genicot teaches wherein each PPG signal disclosed represents a direct PPG signal or contact PPG signal ([0029]). Genicot therefore teaches wherein each obtained PPG signal is only from PPG signals which are contacting the user, i.e. detected proximate. Genicot teaches wherein each PPG signal is processed and the quality of each PPG signal is assessed (Fig. 1, [0102]). Genicot teaches bad quality PPG signals are removed, combining the good quality PPG signals into a multi-region PPG signal, and extracting an RR-tachogram from the multi-region PPG signal ([0102-0104]). Genicot teaches determining heartrate variability and atrial fibrillation (AF) risk level using the RR-tachogram ([0104], [0112]). Moreover, Genicot teaches a processor (1002) or unit may implement the methods disclosed herein via executing corresponding instructions ([0113]). Genicot therefore teaches a determination module (processor) for determining whether a signal obtained by a particular light sensing element within the detected plurality of locations (contact areas) is suitable (quality) for deriving information relevant to a patient’s cardiovascular system (heartrate variability/AF score); wherein the controller (processor) comprises instructions for: subsequent to obtaining PPG signals, determining one or more suitable PPG signals from only the obtained PPG signals, with the determination module; and subsequent to determining one or more suitable PPG signals, processing the suitable PPG signals to derive information relevant to the patient’s cardiovascular system, with the processing module (processor).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Xu to use only contact PPG signals and to have a processor or module only use good quality signals which are obtained from only the contact PPG signals for determining cardiovascular parameters as taught by Genicot (Fig. 1, [0001], [0102-0104], [0112-0113]). By only using the good quality signals, accuracy and reliability for subsequent physiological parameter extraction is improved as recognized by Genicot ([0103]). In addition, by using only contact PPG signals, i.e. PPG signals obtained from direct contact, a more reliable and more accurate PPG signal may be predictably obtained, thereby facilitating medical diagnosis as further recognized by Genicot ([0007]).
Regarding claim 3, Xu in view of Addison and Genicot teaches the invention as claimed above in claim 1.
Xu further teaches obtaining signals by at least a subset of the light sensing elements ([0075], [0108], wherein receiving optical signals in a sub-region comprises obtaining signals by at least a subset of light sensing elements, [0117], wherein multiple light signals are obtained).
However, Xu fails to teach wherein the determination module is arranged to determine whether signals obtained by the at least the subset of the light sensing elements are each suitable for deriving information relevant to a patient’s cardiovascular system.
In an analogous cardiovascular monitoring apparatus field of endeavor, Genicot teaches such a feature. Genicot teaches a method for contact photoplethysmography (PPG) (Fig. 1, Abstract, [0100]). Genicot teaches wherein the measurement components, i.e. light sources and photodetectors, are in direct contact with the skin of the monitored person ([0001], [0007]). Genicot teaches wherein each PPG signal disclosed represents a direct PPG signal or contact PPG signal ([0029]). Genicot, similar to Xu, also teaches wherein the obtained contact PPG signals are from a subset or sub-region representing multiple pixels ([0026-0029], [0100]). Genicot teaches processing each PPG signal of the plurality of PPG signals to identify good quality PPG signals ([0034], [0102]). Genicot teaches wherein the PPG signals are used to determine heartrate variability and atrial fibrillation (AF) risk level ([0104], [0112]). Genicot teaches a processor (1002) or unit may implement the methods disclosed herein via executing corresponding instructions ([0113]). Genicot therefore teaches a determination module arranged to determine whether signals obtained by the at least a subset of the light sensing elements are each suitable for deriving information relevant to a patient’s cardiovascular system.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Xu to determine whether each obtained signal is suitable for deriving relevant cardiovascular information as taught by Genicot ([0001], [0034], [0102], [0104], [0112]). By determining suitability from each PPG signal, i.e. good quality PPG signals, the good signals may be combined, and accuracy and reliability for subsequent physiological parameter extraction is improved as recognized by Genicot ([0103]).
Regarding claim 5, Xu in view of Addison and Genicot teaches the invention as claimed above in claim 1.
However, Xu fails to teach wherein determining whether a signal obtained by a particular light sensing element is suitable for deriving information relevant to a patient’s cardiovascular system comprises comparing the obtained signal against one or more criteria.
In an analogous cardiovascular monitoring apparatus field of endeavor, Genicot teaches such a feature. Genicot teaches a method for contact photoplethysmography (PPG) (Fig. 1, Abstract, [0100]). Genicot teaches wherein the measurement components, i.e. light sources and photodetectors, are in direct contact with the skin of the monitored person ([0001], [0007]). Genicot teaches wherein each PPG signal disclosed represents a direct PPG signal or contact PPG signal ([0029]). Genicot teaches processing each PPG signal of the plurality of PPG signals to identify good quality PPG signals ([0034], [0102]). Genicot further teaches wherein a quality measure of the signal is compared to a threshold to determine whether the PPG signal is a good quality PPG signal or a bad quality PPG signal ([0033-0037], [0057-0061]). Genicot teaches wherein the PPG signals are used to determine heartrate variability and atrial fibrillation (AF) risk level ([0104], [0112]). Genicot teaches a processor (1002) or unit may implement the methods disclosed herein via executing corresponding instructions ([0113]). Genicot therefore teaches comparing the obtained signal against one or more criteria (quality threshold).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Xu to compare the obtained contact PPG signals to a quality threshold as taught by Genicot ([0033-0036], [0037], [0059-0061]). In this manner, good quality signals may be determined and kept and bad quality signals may be determined and removed, thereby resulting in improved accuracy and reliability as recognized by Genicot ([0037]).
Regarding claim 11, Xu in view of Addison and Genicot teaches the invention as claimed above in claim 5.
However, Xu fails to teach wherein the controller further comprises a selection module for selecting at least one signal that is determined to be suitable for deriving information relevant to the patient’s cardiovascular system for processing by the processing module; said selection being from a plurality of such signals.
In an analogous cardiovascular monitoring apparatus field of endeavor, Genicot teaches such a feature. Genicot teaches a method for contact photoplethysmography (PPG) (Fig. 1, Abstract, [0100]). Genicot teaches wherein the measurement components, i.e. light sources and photodetectors, are in direct contact with the skin of the monitored person ([0001], [0007]). Genicot teaches wherein each PPG signal disclosed represents a direct PPG signal or contact PPG signal ([0029]). Genicot teaches forming plural multi-region PPG signals (609, 610) comprised of good quality segments for different colors (C1, C2) ([0109]). Genicot therefore teaches signals (609, 610) that are determined suitable for deriving relevant cardiovascular (PPG) information therefrom. Genicot further teaches selecting the multi-region PPG signal (609, 610) with the best color, i.e. the color whose multi-region PPG signal has the best quality score according to a quality measure, in order to optimize accuracy and reliability of the multi-region PPG signal ([0109]). Genicot teaches a processor (1002) or unit may implement the methods disclosed herein via executing corresponding instructions ([0113]). Genicot therefore teaches wherein a controller (processor) further comprises a selection module for selecting at least one signal that is determined to be suitable for deriving information relevant to the patient’s cardiovascular system for processing by the processing module (processor); said selection being from a plurality of such signals (609, 610).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Xu to select the PPG signal with the best color as taught by Genicot ([0109]). By selecting the PPG signal with the best color, accuracy and reliability of the signal may be further optimized without requiring different colors to be synchronized as recognized by Genicot ([0062], [0109]).
Regarding claim 15, Xu in view of Addison and Genicot teaches the invention as claimed above in claim 1.
Xu further teaches wherein the at least one light emitting element is adapted to emit light only when an object is detected proximate one of the plurality of light sensing elements ([0073-0074], [0079], [0103], wherein transmitting the first optical light signal after contact detection comprising the light emitting element being adapted to emit light only when the object is detected proximate the light sensing elements), and/or wherein the determination module is arranged to perform the determination on only those signals obtained by one of the plurality of light sensing elements in relation to which a proximate object is detected ([0075], [0108], wherein light signals being only obtained from the sub-region which is determined by contact would result in the determination module only being able to perform the determination on those signals to which a proximate object is detected (via contact)).
Regarding claim 17, Xu in view of Addison and Genicot teaches the invention as claimed above in claim 1.
However, Xu fails to teach wherein the processing module terminates processing of the signal when the signal ceases to be suitable for deriving cardiovascular parameters, and/or further comprising a conditioner circuit, wherein the processing module processes the signal digitally.
In an analogous cardiovascular monitoring apparatus field of endeavor, Genicot teaches such a feature. Genicot teaches a method for contact photoplethysmography (PPG) (Fig. 1, Abstract, [0100]). Genicot teaches wherein the measurement components, i.e. light sources and photodetectors, are in direct contact with the skin of the monitored person ([0001], [0007]). Genicot teaches wherein each PPG signal disclosed represents a direct PPG signal or contact PPG signal ([0029]). Genicot teaches each PPG signal is processed to assess their quality to identify good quality PPG signals, to identify bad quality PPG signals, and to removing bad quality PPG signals from consideration ([0102-0103]). Genicot teaches wherein this quality assessment is performed for PPG signals obtained over a time interval ([0030], [0100], [0102]). Genicot teaches in subsequent time intervals, the sub-regions may be combined in a different manner, i.e. different sub-regions may be assessed differently ([0031]). Genicot therefore teaches making multiple assessments over time, thereby assessing whether a PPG signal has good quality or bad quality over time. Genicot teaches this may be advantageous if the assessment reveals that the sub-regions that deliver good quality PPG signals vary over time ([0031]). Since Genicot teaches continuous assessment of signal quality over time and removing bad quality signals because Genicot recognizes good quality PPG signals vary over time ([0031], [0102]), Genicot therefore teaches terminating processing of a signal when it ceases to be suitable (becomes bad quality).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Xu to continuously assess over subsequent time intervals the quality of each obtained PPG signal and to remove bad quality PPG signals as taught by Genicot ([0031], [0102]). Sub-regions that deliver good quality PPG signals vary over time, as recognized by Genicot ([0031]). Therefore by terminating processing (removing/eliminating) of a previously good quality signal which is now determined to be of bad quality, improved accuracy and reliability of a PPG signal used to derive physiological parameters may be predictably maintained over time.
Regarding claim 21, Xu in view of Addison and Genicot teaches the invention as claimed above in claim 1.
Xu further teaches wherein the plurality of light sensing elements (612) are arranged in an array (Fig. 6, [0101], wherein figure 6 shows the sensors 612 arranged in an array).
Regarding claim 23, Xu in view of Addison and Genicot teaches the invention as claimed above in claim 1.
Xu teaches the apparatus (900) further comprising ([0138]):
a plurality of light emitting elements (611) and a plurality of light sensing elements (612), for obtaining at least one PPG signal from a patient (Fig. 6, [0101], [0134]); and
a member (display screen; 600) for supporting the plurality of light emitting elements (611) and the plurality of light sensing elements (612) (Fig. 6, [0101]);
wherein the light emitting elements (611) and light sensing elements (612) are arranged as respective arrays on the member (600) (Fig. 6); and
wherein the arrays are arranged such that the array of light emitting elements (611) are interleaved with the array of light sensing elements (612) (Fig. 6, [0101], “the plurality of transmitting units 611 and the plurality of receiving units 612 are distributed alternately”, see figure 6).
Regarding claim 26, Xu in view of Addison and Genicot teaches the invention as claimed above in claim 23.
Xu teaches the invention further comprising a module for determining at least one location of at least one body part of the patient in relation to the array of light sensing elements (612) (Fig. 6, [0010], [0020], [0077], “That is to say, the user can place the detection part of the user's body at any position on the display screen, and the method can adaptively set the corresponding target area as the detection area, thereby improving detection flexibility and detection efficiency”, and wherein the display screen comprises the array of light sensing elements 612 as shown in figure 6).
Regarding claim 37, Xu in view of Addison and Genicot teaches the invention as claimed above in claim 1.
Xu further teaches a consumer product incorporating the apparatus of claim 1 ([0130], “The device can be an independent device for detecting user PPG information, or it can be integrated as a functional module into any other electronic device such as a smartphone”, wherein a smartphone comprises a consumer product, [0183], “If the aforementioned function is implemented as a software functional unit and sold or used as an independent product, it can be stored in a computer-readable storage medium”).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Xu (CN106020564) in view of Addison (US20140275882) and Genicot (US20200359922) as applied to claim 1 above, and further in view of Trumble (US20120253153). Xu is cited in the IDS filed 11/18/2025.
Regarding claim 4, Xu in view of Addison and Genicot teaches the invention as claimed above in claim 1.
However, Xu fails to teach wherein, responsive to the determination module determining that a signal obtained by a particular light sensing element is not suitable for deriving information relevant to a patient’s cardiovascular system, the determination module is arranged to determine whether a signal obtained by different light sensing element is suitable for deriving information relevant to a patient’s cardiovascular system.
In an analogous determination of information relevant to a patient’s cardiovascular system using light emitting and sensing elements field of endeavor, Trumble teaches such a feature. Trumble teaches optical sensors used for sensing physiological characteristics of a patient such as blood oxygenation levels, pulse rate, and hematocrit (Abstract, [0020], [0023], [0025], [0047]). Trumble teaches a pulse oximeter (10) including a monitor (12) which connects to a sensor (26) (Fig. 1, [0022-0023]). Trumble teaches the sensor (26) includes light emitters (30) and photodetectors (32) (Fig. 3, [0023], [0025-0028]). Trumble teaches a multiplexor (102) may select a different photodetector when the signal quality produced by a selected photodetector becomes unacceptable (Fig. 5B, [0038], wherein unacceptable comprises not suitable). Trumble teaches if the signal-to-noise ratio of the signal is beyond an acceptable tolerance level, the multiplexor (102) is signaled to select a different photodetector from a photodetector array ([0038]). Trumble teaches this process repeats itself until an acceptable photodetector signal is found for the calculation of a physiological parameter of the patient ([0038]). Therefore, Trumble teaches determining whether a signal from a different light sensing element is suitable in response to determining a signal obtained from a particular light sensing element is not suitable (unacceptable).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Xu to determine whether a signal from a different photodetector is acceptable in response to determining a signal from a particular photodetector is unacceptable as taught by Trumble (Fig. 5B, [0038]). By using the signal from the first acceptable/suitable found rather than reading the signals from all the photodetectors, processing speed may predictably be improved (Fig. 5A vs Fig. 5B, [0034], [0037-0038]).
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Xu (CN106020564) in view of Addison (US20140275882) and Genicot (US20200359922) as applied to claim 23 above, and further in view of Pantelopoulos (US20170209055). Xu is cited in the IDS filed 11/18/2025. Pantelopoulos is cited in the IDS filed 10/08/2020.
Regarding claim 25, Xu in view of Addison and Genicot teaches the invention as claimed above in claim 23.
However, Xu fails to teach the invention further comprising a module for determining at least one location within the array of light sensing element(s) which obtain(s) a signal that is determined to be suitable for deriving information relevant to a patient’s cardiovascular system.
In an analogous cardiovascular monitoring apparatus field of endeavor, Pantelopoulos teaches such a feature. Pantelopoulos teaches a biometric monitoring device integrating PPG sensors ([0097-0098]). Pantelopoulos teaches the device consists of a plurality of photodetectors and photoemitters distributed along a surface of the device that touches the user’s skin ([0232]). Pantelopoulos teaches the plurality of photodetectors and photoemitters may be placed at various sites, such as various sites along the circumference of the interior of a band of a bracelet ([0232]). Pantelopoulos teaches a heart rate signal-quality metric may be measured at each site to determine the best site or set of best sites for estimating a user’s heart rate ([0232]). Pantelopoulos teaches some sites may subsequently be turned off to reduce power consumption, thus only having the best sites active ([0232]). Pantelopoulos therefore teaches determining a location or site which has obtained the best heart rate signal-quality metric or is deemed most suitable for estimating the user’s heart rate.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Xu to locate the best site(s) for estimating parameters such as heart rate and subsequently disable/turn off other sites as taught by Pantelopoulos ([0232]). By locating and only using the best site(s) and turning the rest of the sites off, power consumption may be reduced as recognized by Pantelopoulos ([0232]).
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Xu (CN106020564) in view of Addison (US20140275882) and Genicot (US20200359922) as applied to claim 26 above, and further in view of Deliwala (US20100305418). Xu is cited in the IDS filed 11/18/2025.
Regarding claim 27, Xu in view of Addison and Genicot teaches the invention as claimed above in claim 26.
However, Xu fails to teach the invention further comprising a module for determining movement of at least one body part of the patient in relation to the array of light sensing elements.
In an analogous determination of cardiovascular parameters using PPG field of endeavor, Deliwala teaches such a feature. Deliwala teaches movement of body parts during heart rate/PPG and oximetry measurements causes inaccurate results ([0005]). Deliwala teaches there’s a need for optical position and movement tracking that can track objects ([0007]). Deliwala teaches using a light source(s) (13; 23, 25) and photodetector (14; 24) to track the position of a moving object (10) (Figs. 6-7, [0047], [0052-0053]). Deliwala teaches by uniquely modulating two light sources (23, 25), the position or movement of an object may be calculated in three dimensions ([0053]). Deliwala teaches since motion may be tracked while measuring PPG, the motion information may be used to improve PPG readings by reducing erroneous readings in measured light intensity due to the motion ([0059]). Deliwala teaches motion may be accounted for by either correcting the measurement data or rejecting measurement data during motion ([0059]). Deliwala teaches when a finger or other body part is held relatively still in an area within the field of view of a position sensitive detector (photodetector 14, 24), certain medical information including heart rate and optical heart waveforms may be calculated ([0063]). Deliwala teaches the position sensitive detector (14, 24) is also used to measure PPG ([0067]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Xu to track movement of body parts relative to the photodetector as taught by Deliwala (Fig. 7, [0007], [0052-0053], [0059], [0063]). Movement of body parts during measurement of heart rate and oximetry leads to inaccurate results as recognized by Deliwala ([0005]). Deliwala teaches the motion/movement information collected may be used to improve PPG readings by either correcting the measurement data or rejecting the measurement data during motion, wherein rejecting means only calculating when the target object is still within the field of view of the PPG sensor ([0059], [0063]).
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over Xu (CN106020564) in view of Addison (US20140275882) and Genicot (US20200359922) as applied to claim 23 above, and further in view of Liu (US20140325323). Xu is cited in the IDS filed 11/18/2025.
Regarding claim 29, Xu in view of Addison and Genicot teaches the invention as claimed above in claim 23.
While Xu teaches the pixels of a display screen (member) of a smartphone comprises the array of light emitting elements and the array of light sensing elements (Fig. 6, [0101], [0130]), Xu fails to explicitly teach wherein at least one of the array of light emitting elements and the array of light sensing elements extend over an area of the member, i.e. display screen, that is larger than 10 cm2.
In an analogous smartphone field of endeavor, Liu teaches such a feature. Liu teaches a mobile terminal and wherein the mobile terminal may comprise smartphones such as an Apple iPhone or Windows Phone ([0022]). Liu teaches the screen size of the mobile terminal include sizes which are larger than 10 cm2, including a 7-inch screen which is about 17.8 cm by 12.7 cm ([0054]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Xu to have 7-inch display screen as taught by Liu ([0022], [0054]). Xu teaches wherein the light emitting and sensing elements comprise the pixels of a display screen of a phone (Fig. 6, [0101], [0130]). Having the phone screen be a 7-inch display may create a better viewing experience. Moreover, having the light sensing and/or emitting elements extend over the entire display screen would predictably allow for measurements to be taken anywhere on said screen. Having the emitting and/or sensing array extend the entire display screen of a standard smartphone would further result in covering an area that is larger than 10 cm2.
Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Xu (CN106020564) in view of Addison (US20140275882) and Genicot (US20200359922) as applied to claim 23 above, and further in view of Gu (US20170360316). Xu and Gu are cited in the IDS filed 11/18/2025.
Regarding claim 30, Xu in view of Addison and Genicot teaches the invention as claimed above in claim 23.
However, Xu fails to teach wherein the member is a flexible plastic substrate and/or is curved.
In an analogous cardiovascular monitoring apparatus field of endeavor, Gu teaches such a feature. Gu teaches a wearable device (300) configured for measuring cardiovascular parameters such as pulse rate (heart rate), blood oxygen saturation level, and blood glucose levels ([0035], [0038], [0058]). Gu teaches wherein the wearable device includes light emitters and light detectors for measuring the biometric information, wherein the light detectors measure reflected light off a person’s body ([0014-0015]). Gu therefore teaches obtaining, via the light detectors, PPG signals. Gu teaches wherein the sensor for sensing the biometric information includes a flexible substrate such as a plastic substrate, which would allow the sensor to wrap around or conform to a portion of a user’s body ([0014]). Gu teaches embedded in the substrate are light emitters and detectors ([0014]). Gu therefore teaches a member comprising a flexible plastic substrate.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Xu to incorporate the device into a flexible plastic substrate as taught by Gu ([0014]). By having the member be a flexible plastic substrate, said member may wrap around or conform to a portion’s of a user’s body such as their wrist or arm as recognized by Gu ([0014]). Having the device conform to a user’s body may improve accuracy due to better contact.
Claim 32 is rejected under 35 U.S.C. 103 as being unpatentable over Xu (CN106020564) in view of Addison (US20140275882) and Genicot (US20200359922) as applied to claim 23 above, and further in view of Bower (US20170354335). Xu is cited in the IDS filed 11/18/2025.
Regarding claim 32, Xu in view of Addison and Genicot teaches the invention as claimed above in claim 23.
However, Xu fails to teach wherein the array of light emitting elements is arranged in or on a first layer of the member and the array of light sensing elements is arranged in or on a second layer of the member.
In an analogous cardiovascular monitoring apparatus field of endeavor, Bower teaches such a feature. Bower teaches a biometric measuring apparatus (100, 200) configured to function as a sensor element in a photoplethysmography (PPG) measurement of heart rate, blood oxygen levels, and further biometric measurements (Figs. 1-2, [0036], [0040], [0045]). Bower teaches the apparatus (100, 200) comprises a first layer (4) and a second layer (5), wherein the first layer (4) embeds at least one light source (2) and the second layer (5) embeds at least one photodetector (3) (Figs. 1-2, [0038], [0043]). As shown in figures 1 and 2, the light emitting elements (2) and light sensing elements (3) are clearly arranged in separate layers. Moreover, figures 1 and 2 show apertures in the second layer (5) configured to allow light from the light sources (2) to pass through and be absorbed/reflected by the skin (7).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Xu to arrange the light sources and photodetectors in separate layers in a sensor element as taught by Bower (Figs. 1-2, [0038], [0043], [0045]). The modification of Xu with the teachings of Bower to arrange the light source and photodetectors into separate layers inside a PPG sensor element would predictably result in the respective arrays of the light sources and photodetectors to be in separate layers. By arranging the light sources and photodetectors in this manner, light from the light source may be prevented from directly reaching the photodetector, thereby decreasing measurement noise as recognized by Bower (Abstract, [0038], [0043], wherein allowing light to reach the photodetector directly from the light source would increase measurement noise). Moreover, Xu teaches wherein the apparatus may comprise a front and back display screen ([0168], i.e. two layers.
Claim 42 is rejected under 35 U.S.C. 103 as being unpatentable over Xu (CN106020564) in view of Addison (US20140275882) and Genicot (US20200359922) as applied to claim 1 above, and further in view of Bluth (US20090240702). Xu is cited in the IDS filed 11/18/2025.
Regarding claim 42, Xu in view of Addison and Genicot teaches the invention as claimed above in claim 1.
However, Xu fails to teach a system comprising two or more separate cardiovascular monitoring apparatuses according to claim 1.
In an analogous cardiovascular monitoring apparatus field of endeavor, Bluth teaches such a feature. Bluth teaches a kiosk and research database system (100) including a kiosk (102) that is connected to a research database (106) via the internet (108) (Fig. 1, [0044]). Bluth teaches the kiosk system may include means such as a pulse oximeter (409) configured to produce a photoplethysmography ([0071]). Moreover, Bluth teaches blood pressure and heart rate data may be obtained from the kiosk and transmitted to research databases via the kiosk (Fig. 5, [0074], [0076]). Bluth teaches wherein the research database system comprises a plurality of kiosks configured for recording health information from users and transmitting and storing the information to a research database (Abstract, Claim 1). Bluth therefore teaches a system, i.e. the research database system, comprising two or more separate cardiovascular monitoring apparatuses (kiosks).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Xu to form a research database system which collects and stores health information from users of a plurality of cardiovascular monitoring apparatuses as taught by Bluth (Abstract, Claim 1, [0076]). By forming a system comprising a plurality of cardiovascular monitoring apparatuses, the health information obtained and stored from each apparatus may predictably be used by health care providers and for research purposes as recognized by Bluth ([0040]). Systems for data collection from a plurality of users is well-understood, routine, and conventional as evidenced by Bluth.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/TOMMY T LY/ Examiner, Art Unit 3797
/SERKAN AKAR/ Primary Examiner, Art Unit 3797