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
This Office Action is responsive to the amendment filed on 06 Mar 2026. As directed by the amendment: claims 1 and 14 have been amended, claim 9 has been canceled, and no claims have been added. Thus, claims 1-8 and 10-15 are presently pending in this application.
Response to Arguments
Applicant’s arguments, see Remarks, filed 06 Mar 2026, with respect to the rejection(s) of claims 1 and 14 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Dias Junior et al. ("Estimation of Blood Pressure and Pulse Transit Time Using Your Smartphone," 2015), hereinafter Dias Junior.
Claim Objections
Claim 5 is objected to because of the following informalities: the semicolon after “range” in line 5 should be a colon. Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 5-8, 10, and 13-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dias Junior et al. ("Estimation of Blood Pressure and Pulse Transit Time Using Your Smartphone," 2015), hereinafter Dias Junior.
Regarding claim 1, Dias Junior discloses, in a handheld device (Section III, Android smartphone) for determining at least one of a heartbeat and a heart rhythm of a user (Section IV.B), a method of providing audio feedback instructions for the user of the handheld device (Section II, "All signal acquisition, processing and delineation of the waveforms are performed in real-time to provide the user with visual and audio feedback"), the method comprising:
obtaining, over time, via an optical sensor housed within a rear side of the handheld device and adjacent to a member of a body of a user (Section III.A, "The proposed system uses the smartphone's camera as a PPG sensor to monitor the pulse waveform"), a data signal comprising and image grid (Section III.A, "the PPG signal is reconstructed from the individual frames of the camera") and providing the data signal to an electronic data processor of the handheld device (Section IV, "Experiments were performed using a Samsung S4 smart-phone running Android 4.4 operating system. Data was collected and processed using a hybrid application developed in Java and C.");
in the electronic data processor, determining, based on the data signal, a quality factor for the data signal (Section III.C, "the first objective of Phase I is to extract a clean signal, with quality enough to be presented to the user");
in the electronic data processor, executing an algorithm for determining said at least one of the heartbeat and the heart rhythm using data of the image grid of the data signal as input (Sections III.B-C, IV.C, PPG delineation);
looking up, by the electronic data processor and from an electronic memory, data representing said audio feedback instructions, based on at least one of the quality factor and an outcome of executing the algorithm, wherein the said audio feedback instructions relate to a positioning of the handheld device (Section II, "During the experiments we noticed that this feedback is essential to help the user to position the sensors, specially the microphone, at the right place"; Section III.C, audio-visual feedback);
using a speaker of the handheld device, reproducing the audio feedback instructions (Section II, "All signal acquisition, processing and delineation of the waveforms are performed in real-time to provide the user with visual and audio feedback");
wherein determining the quality factor comprises determining an area light intensity value in an area of the image grid (Section II, "The light emitted by the LED is scattered by the living tissue, reflected by the digital phalange, and finally captured by the camera. The subtle changes in brightness due to the blood flow are used to reconstruct the blood pulse-wave signal"; Section III.C, "This separation between view and data buffers improves the real-time data processing, since the data presented to the user does not require to be precise, but just representative enough to give the user a quality feedback").
Regarding claim 5, Dias Junior discloses the method according to claim 1, as explained above. Dias Junior further discloses that looking up the data representing said audio feedback instructions, based on one of the quality factor and the outcome of executing the algorithm comprises:
determining whether the quality factor is within a pre-determined quality range (Section III.C, "just representative enough to give the user a quality feedback") and if the quality factor is outside the pre-determined quality range:
looking up data representing audible corrective instructions if the quality factor is outside the pre-determined quality range; and reproducing, via the speaker, the data representing audible corrective instructions (Section II, "During the experiments we noticed that this feedback is essential to help the user to position the sensors, specially the microphone, at the right place").
Regarding claim 6, Dias Junior discloses the method according to claim 1, as explained above. Dias Junior further discloses:
determining whether said executing of the algorithm yields an algorithm value or a set of algorithm values within a pre-determined algorithm range (Section III.C, page 177, second column, step 2); and
looking up data representing audible corrective instructions if the algorithm value or the set of algorithm values is outside the pre-determined algorithm range (Section II, "During the experiments we noticed that this feedback is essential to help the user to position the sensors, specially the microphone, at the right place"; Section III.C, audio-visual feedback).
Regarding claim 7, Dias Junior discloses the method according to claim 1, as explained above. Dias Junior further discloses that determining the quality factor further comprises determining at least one of:
a signal waveform (Section III.C, "the minima of the waveform are detected using the derivative of the signal");
a signal periodicity (Section III.C, "Once the feet of the pulse waves are detected, they are checked for stability (line 8 of Listing 1). If the longest beat is greater than 1.5 times the shortest beat, probably the delineation algorithm missed one beat or wrongly detected a pulse wave onset. Otherwise, the detected points time difference is stable and the PPG delineation is considered good enough."); and
a signal variation (Section III.C, "the time difference between two given feet is checked for significant deviations from the mean. If two feet are too close from each other, their neighbours are checked, trying to solve these discrepancies. If removing one of them solves the deviation, that foot is discarded");
of the data signal over time.
Regarding claim 8, Dias Junior discloses the method according to claim 1, as explained above. Dias Junior further discloses that determining the quality factor further comprises determining at least one of:
a variation in the area colour value over time (Section II, "The subtle changes in brightness due to the blood flow are used to reconstruct the blood pulse-wave signal"; Section III.A, "The PPG value is therefore computed frame by frame by a handler thread, using the mean brightness in the red channel of the image").
Regarding claim 10, Dias Junior discloses the method according to claim 1, as explained above. Dias Junior further discloses:
receiving microphone data from a microphone adjacent to the user (Section II, "The method we describe in this section uses the smartphone's internal microphone … During the experiments we noticed that this feedback is essential to help the user to position the sensors, specially the microphone, at the right place");
extracting an audio data value from the microphone data (Section III.B. Phonocardiogram Acquisition; page 177 , first column); and
looking up data representing audible corrective instructions if the audio data value is outside a pre-determined audio range (Section II, "All signal acquisition, processing and delineation of the waveforms are performed in real-time to provide the user with visual and audio feedback"; Section III.B, "Two circular buffers were defined for storing the values of each bio-signal (two for PPG and two for PCG). ... This separation between view and data buffers improves the real-time data processing, since the data presented to the user does not require to be precise, but just representative enough to give the user a quality feedback").
Regarding claim 13, Dias Junior discloses the method according to claim 1, as explained above. Dias Junior further discloses that executing the algorithm further comprises, based on at least two heartbeats, determining a heart rate (Section III.D, "N be the number of detected onsets during the PPG delineation of the data buffer in Phase II ... calculate N PTTs for the N heart beats"; Section IV.B. "developed solution to track beat-to-beat variations of BP and HR").
Regarding claim 14, Dias Junior discloses a handheld device (Section III, Android smartphone) for determining at least one of a heartbeat and a heart rhythm of a user (Section IV.B), and for providing audio feedback instructions for the user of the handheld device (Section II, "All signal acquisition, processing and delineation of the waveforms are performed in real-time to provide the user with visual and audio feedback"), the handheld device comprising:
an optical sensor housed within a rear side of the handheld device and arranged to be brought adjacent to a member of a body of the user (Section III.A, "The proposed system uses the smartphone's camera as a PPG sensor to monitor the pulse waveform") for obtaining, over time, a data signal comprising an image grid (Section III.A, "the PPG signal is reconstructed from the individual frames of the camera");
an electronic data processor (Section IV, "Experiments were performed using a Samsung S4 smart-phone running Android 4.4 operating system) arranged to:
determine, based on the data signal, a quality factor for the data signal (Section III.C, "the first objective of Phase I is to extract a clean signal, with quality enough to be presented to the user");
execute an algorithm for determining the heartbeat or the heart rhythm using data of the image grid of the data signal as input (Sections III.B-C, IV.C, PPG delineation);
look up, from an electronic memory, data representing said audio feedback instructions, based on at least one of the quality factor and an outcome of executing the algorithm, wherein the said audio feedback instructions relate to a positioning of the handheld device (Section II, "During the experiments we noticed that this feedback is essential to help the user to position the sensors, specially the microphone, at the right place"; Section III.C, audio-visual feedback); and
a speaker for reproducing the audio feedback instructions (Section II, "All signal acquisition, processing and delineation of the waveforms are performed in real-time to provide the user with visual and audio feedback");
an optical sensor housed within a rear side of the handheld device and arranged to be brought adjacent to a member of a body of the user for obtaining, over time, a data signal;
wherein the data signal comprises data values on the image grid, and the electronic data processor is further arranged to determine the quality factor by determining at least one of an area colour value and an area light intensity value in an area of the image grid (Section II, "The light emitted by the LED is scattered by the living tissue, reflected by the digital phalange, and finally captured by the camera. The subtle changes in brightness due to the blood flow are used to reconstruct the blood pulse-wave signal"; Section III.C, "This separation between view and data buffers improves the real-time data processing, since the data presented to the user does not require to be precise, but just representative enough to give the user a quality feedback").
Regarding claim 15, Dias Junior discloses the method according to claim 1, as explained above. Dias Junior further discloses a non-transitory computer readable medium comprising a program of instructions that, when executed by a processor, perform the method according to claim 1 (Section IV, "Experiments were performed using a Samsung S4 smart-phone running Android 4.4 operating system. Data was collected and processed using a hybrid application developed in Java and C").
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Dias Junior et al. ("Estimation of Blood Pressure and Pulse Transit Time Using Your Smartphone," 2015), hereinafter Dias Junior, in view of Tanabe et al. (US 20170303796 A1), hereinafter Tanabe.
Regarding claim 2, Dias Junior discloses the method according to claim 1, as explained above. Dias Junior does not explicitly disclose receiving, via an electronic input module of the handheld device, instructions for starting a procedure for determining said at least one of the heart beat and the heart rhythm; looking up, in the electronic memory, data representing audio handling instructions providing the user instructions to prepare for acquisition of the data signal; and using the speaker, reproducing said audio handling instructions.
However, Tanabe teaches a measurement apparatus for measuring biological information (Abstract) wherein using the apparatus comprises:
receiving, via an electronic input module of the handheld device, instructions for starting a procedure for determining said at least one of the heart beat and the heart rhythm (paragraph [0020], "the subject first performs an operation to activate the sensor for pulse detection"; paragraph [0036], "when the sensor 11 detects that the measured part is in contact with the contact interface 12, the controller 13 automatically switches to the second detection mode in which the sensor 11 can detect biological information");
looking up, in the electronic memory, data representing audio handling instructions providing the user instructions to prepare for acquisition of the data signal; and using the speaker, reproducing said audio handling instructions (paragraph [0058], audio guidance).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Dias Junior with the teachings of Tanabe so that the method further comprises receiving, via an electronic input module of the handheld device, instructions for starting a procedure for determining said at least one of the heart beat and the heart rhythm; looking up, in the electronic memory, data representing audio handling instructions providing the user instructions to prepare for acquisition of the data signal; and using the speaker, reproducing said audio handling instructions, because doing so makes the apparatus more user-friendly (Tanabe, paragraph [0021]).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Dias Junior et al. ("Estimation of Blood Pressure and Pulse Transit Time Using Your Smartphone," 2015), hereinafter Dias Junior, in view of Tanabe et al. (US 20170303796 A1), hereinafter Tanabe, and further in view of Geva et al. (US 20170027521 A1, previously cited), hereinafter Geva.
Regarding claim 3, the method according to claim 2 is obvious over Dias Junior and Tanabe, as explained above. Neither Dias Junior nor Tanabe explicitly discloses that a further optical sensor is fixed to the handheld device, the method further comprising: determining whether capabilities of at least one of the optical sensor and the further optical sensor are configured to provide data as input for the algorithm to determine the heartbeat or the heart rhythm; obtaining position data for the handheld device; and determining, based on the position data, whether in a determined position of the handheld device, said optical sensor or said further optical sensor is exposed; wherein the audio handling instructions instruct the user to position the handheld device to expose said optical sensor or said further optical sensor, having said capabilities, if it has been determined that in the determined position neither said optical sensor nor said further optical sensor having said capabilities is exposed.
However, Geva teaches a system for monitoring vital signs (Abstract) comprising multiple optical sensors fixed to a handheld device (Fig. 1B, paragraphs [0007], [0072], and [0082], photoplethysmograph sensor 1110A; Fig. 1B, paragraphs [0009], [0051]-[0054], and [0088], validation sensors 1120), wherein the system is configured to:
determine whether capabilities of at least one of the optical sensor and the further optical sensor are configured to provide data as input for the algorithm to determine the heartbeat or the heart rhythm (paragraphs [0054] and [0088]);
obtain position data for the handheld device (paragraph [0085]); and
determine, based on the position data, whether in a determined position of the handheld device, said optical sensor or said further optical sensor is exposed (paragraphs [0081]-[0082], [0088]);
wherein the audio handling instructions instruct the user to position the handheld device to expose said optical sensor or said further optical sensor, having said capabilities, if it has been determined that in the determined position neither said optical sensor nor said further optical sensor having said capabilities is exposed (paragraph [0088], if photoplethysmography sensor 1110A (optical sensor) is exposed to too much light (i.e. not configured to provide data), then the device will display instructions instructing the user to reposition the finger over the photoplethysmography sensor 1110A so that no ambient light interferes with the measurement (i.e. audio-visual instructions instruct the user to position the handheld device so that the optical sensor is configured to provide data)).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Dias Junior and Tanabe with the teachings of Geva so that a further optical sensor is fixed to the handheld device, the method further comprising: determining whether capabilities of at least one of the optical sensor and the further optical sensor are configured to provide data as input for the algorithm to determine the heartbeat or the heart rhythm; obtaining position data for the handheld device; and determining, based on the position data, whether in a determined position of the handheld device, said optical sensor or said further optical sensor is exposed; wherein the audio handling instructions instruct the user to position the handheld device to expose said optical sensor or said further optical sensor, having said capabilities, if it has been determined that in the determined position neither said optical sensor nor said further optical sensor having said capabilities is exposed, because doing so eliminates or reduces deviations in repeated measurements due to different positioning of a user's finger relative to the photoplethysmograph (Geva, paragraph [0085]).
Claims 4 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Dias Junior et al. ("Estimation of Blood Pressure and Pulse Transit Time Using Your Smartphone," 2015), hereinafter Dias Junior, in view of Pease et al. (US 20130041617 A1), hereinafter Pease.
Regarding claim 4, Dias Junior discloses the method according to claim 1, as explained above. Dias Junior does not explicitly disclose obtaining motion data from a motion sensor, wherein the looking up of the data representing said audio feedback instructions is also based on the motion data.
However, Pease teaches devices and methods for monitoring one or more athletic performance characteristic of a user (Abstract) comprising obtaining motion data from a motion sensor (paragraph [0116], gyroscopic sensor in a smart phone), wherein the looking up of the data representing said audio feedback instructions is also based on the motion data (paragraph [0069]-[0070]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Dias Junior with the teachings of Pease so that the method further comprises obtaining motion data from a motion sensor, wherein the looking up of the data representing said audio feedback instructions is also based on the motion data, because doing so can detailed training information to an athlete during and after a training session to assist in improving their running form (Pease, paragraph [0004]).
Regarding claim 12, Dias Junior discloses the method according to claim 1, as explained above. Dias Junior does not explicitly disclose receiving movement data from a movement sensor providing information on a movement of the handheld device; extracting a movement data value from the movement data; and looking up data representing audible corrective instructions if the movement data value is outside a pre-determined movement range.
However, Pease teaches devices and methods for monitoring one or more athletic performance characteristic of a user (Abstract) comprising:
receiving movement data from a movement sensor providing information on a movement of the handheld device (paragraph [0116], gyroscopic sensor in a smart phone);
extracting a movement data value from the movement data (paragraph [0116], "a gyroscopic sensor in a smart phone or other RTF strapped to the upper body of the user (e.g., on the torso or upper arm of the user) can be used to measure posture and/or lean information");
looking up data representing audible corrective instructions (paragraph [0069]-[0070]if the movement data value is outside a pre-determined movement range (paragraph [0070], "Your cadence is too low").
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Dias Junior with the teachings of Pease so that the method further comprises receiving movement data from a movement sensor providing information on a movement of the handheld device; extracting a movement data value from the movement data; and looking up data representing audible corrective instructions if the movement data value is outside a pre-determined movement range, because doing so can detailed training information to an athlete during and after a training session to assist in improving their running form (Pease, paragraph [0004]).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Dias Junior et al. ("Estimation of Blood Pressure and Pulse Transit Time Using Your Smartphone," 2015), hereinafter Dias Junior, in view of Hubner (US 20210153756 A1).
Regarding claim 11, Dias Junior discloses the method according to claim 1, as explained above. Dias Junior does not explicitly disclose, during obtaining of the data signal, operating a light source of the handheld device in at least one of a continuous mode and an intermittent mode.
However, Hubner teaches an apparatus (mobile device or smart phone, paragraph [0043]) for determining a pulse wave signal representative of vital signs of a subject (Abstract), wherein during obtaining of the data signal, a light source of the handheld device is operated in at least one of a continuous mode and an intermittent mode (paragraph [0077], "the measurement is initiated by activating the light source 506 to emit a continuous light beam of sufficient intensity"; paragraph [0066]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Dias Junior with the teachings of Hubner so that the method further comprises, during obtaining of the data signal, operating a light source of the handheld device in at least one of a continuous mode and an intermittent mode, because doing so illuminates acral blood flow, allowing the camera to detect the acral blood flow (Hubner, paragraph [0077]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Choi et al. (US 20180353089 A1) discloses an apparatus and method for measuring blood pressure that uses voice guidance (paragraphs [0079], [0124])
Jonathan (Investigating a smartphone imaging unit for photoplethysmography, 2010) discloses using a smartphone camera to record photoplethysmographic signals and compute heart rate
Chandrasekaran et al. (Cuffless differential blood pressure estimation using smart phones, 2013) discloses using a smartphone camera and microphone to measure a patient’s heart rate and blood pressure
Wang et al. (Seismo: Blood Pressure Monitoring using Built-in Smartphone Accelerometer and Camera, 2018) discloses a smartphone-based blood pressure monitoring application
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE SISON whose telephone number is (703)756-4661. The examiner can normally be reached 8 am - 5 pm PT, Mon - Fri.
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/CHRISTINE SISON/Examiner, Art Unit 3796
/Benjamin J Klein/Supervisory Patent Examiner, Art Unit 3792
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