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 .
Status of Claims
Applicant's arguments, filed 10/29/2025, 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 10/29/2025, and therefore rejections newly made in the instant office action have been necessitated by amendment.
Applicants have amended claims 1, 13, and 22-23.
Applicants have canceled/previously canceled claims 2, 11, 12, and 15.
Applicants have left claims 3-10, 14, and 16-21 as originally filed/previously presented.
Applicants have introduced new claims 24-26.
Claims 1, 3-10, 13-14, and 16-26 are the current claims hereby under examination.
Claim Objections - Withdrawn and Newly Applied Necessitated by Applicant’s Amendments
Claim 26 is objected to because of the following informalities:
Regarding claim 26, line 19 recites “the emission wavelength”, however it appears it should read --an emission wavelength-- (emphasis added).
Response to Arguments
Applicant’s arguments, see page 11 of Remarks, filed 10/29/2025, with respect to claims 1, 22, and 23 have been fully considered and are persuasive. Applicants have amended the claims, rendering the objections moot. The objections of claims 1, 22, and 23 have been withdrawn. However, there are new grounds for objections.
Claim Rejections - 35 USC § 112(a) - Newly Applied Necessitated by Applicant’s Amendments
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 3-10, 13-14, and 16-21 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1, the claim recites “an unencapsulated optical emitter” and “an unencapsulated optical detector”, which was not described in the specification in such a way as to reasonable convey to one skilled in the relevant art that the inventor or a joint inventor, at the time the application was filed, had possession of the claimed invention. Figures 1, 3, 4, 5, 6, and 7 show embodiments of the PPG sensor. All of the described embodiments in the specification describe the optical emitter and the optical detector being placed on a base (see at least Fig. 1, element 105, para. [0036]), with vertical walls (see at least Fig. 1, elements 130, 131, para. [0049]), and being covered by a transparent interface element (see at least Fig. 1, element 104, para. [0016]). That is, the optical emitter (element 101) and the optical detector (element 102) are all “encapsulated” by elements 104, 105, 130, and 131. The disclosure does not reasonably convey an embodiment where element 101 and element 103 are “unencapsulated” or not enclosed in by other elements.
For the purposes of examination, “an unencapsulated optical emitter” and “unencapsulated optical detector” are being interpreted an optical emitter and an optical detector that are in contact with air, as claimed in claim 1.
The dependent claims of the above rejected claim are rejected due to their dependency.
Claim Rejections - 35 USC § 112(b) - 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 13 and 16-17 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 13, line 4 recites “said interface”, in light of the specification, it is currently unclear if “the interface” is referring to “the transparent interface” or “an antireflective interface”. For the purposes of examination, “said interface” is being interpreted as either “said transparent interface element” or “said antireflective interface”.
The dependent claims of the above rejected claim are rejected due to their dependency.
Claim Rejections - 35 USC § 103 - Withdrawn and 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.
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.
Claims 1, 3, 5-10, 13-14, 16-22 are rejected under 35 U.S.C. 103 as being unpatentable over Harri Lasarov (US 20170311856 A1), hereinafter referred to as Lasarov, in view of Pantelopoulos et al. (US 20170209055 A1), hereinafter referred to as Pantelopoulos, in view of Walsh et al. (US 20170127932 A1) (previously cited), hereinafter referred to as Walsh, in view of Golda et al. (US 20150094552 A1) (previously cited), hereinafter referred to as Golda.
The claims are generally directed towards a photoplethysmography (PPG) sensor configured to be in contact with a user's body, the PPG sensor comprising: a sensing portion comprising: a base; an unencapsulated optical emitter mounted on said base and configured to emit an emitted light toward the user's body, and an unencapsulated optical detector mounted on said base and configured to detect a detector light reflected or scattered from the user’s body, to provide a PPG signal; and an interfacing portion comprising: a transparent interface element positioned between the sensing portion and the user’s body, through which the emitted light is transmitted when travelling from the optical emitter toward the body, and through which the detector light is transmitted when travelling from the body to the optical detector, wherein the transparent interface element has an interface transmittance; a flexible interfacing structure extending between the base and the transparent interface element, the flexible interfacing structure having a flexible wall coupled with and extending laterally between said base and said interface element, wherein the wall is flexible such that a distance between the base and the transparent interface element is varied when a pressure is applied either on the base or the transparent interface element or on both; a gap between the sensing portion and the transparent interface element, the transparent interface element having a first refractive index and the gap having a second refractive index; wherein the transparent interface element comprises an antireflective interface being configured such that, when the second refractive index is larger than the first refractive index by at least 10%, an antireflective interface transmittance of the transparent interface element comprising the antireflective interface is at least 99%; wherein the transparent interface element is configured to contact the user’s body and has a radius of curvature between 10 and 100 mm to optimize the contact pressure with the user’s body; and wherein the gap comprises air, the emitted light travelling only in air between the optical emitter and the transparent interface element and the detector light travelling only in air between the optical emitter and the transparent interface element.
Regarding claim 1, Lasarov discloses a photoplethysmography (PPG) sensor configured to be in contact with a user's body (Abstract, Fig. 3, para. [0001]), the PPG sensor comprising:
a sensing portion (Fig. 3, element 105, element 202, para. [0036]) comprising:
a base (Fig. 3, element 304, para. [0036], “lower base/substrate section”);
an unencapsulated optical emitter mounted on said base and configured to emit an emitted light toward the user's body (Fig. 3, element 202, para. [0028], “light beam to an object … user’s body …”, para. [0031], “source of illumination, such as a light emitting diode …”, para. [0034], “air gaps provided between respective components …”), and
an unencapsulated optical detector mounted on said base and configured to detect a detector light reflected or scattered from the user’s body, to provide a PPG signal (Fig. 3, element 105, para. [0028], “reflected within the region of the user’s body … reflected light is detected by the optical sensing element …”, para. [0030], “provide photoplethysmogram (PPG) sensors …”, para. [0034], “air gaps provided between respective components …”, para. [0036]); and
an interfacing portion (Fig. 3, element 301, element 303, element 305, para. [0035-0036]) comprising:
a transparent interface element positioned between the sensing portion and the user’s body, through which the emitted light is transmitted when travelling from the optical emitter toward the body, and through which the detector light is transmitted when travelling from the body to the optical detector, wherein the transparent interface element has an interface transmittance (Fig. 3, element 301, para. [0035], “light guiding element … forms a protective window/cover …”, para. [0037], “diffractive structure … anti-reflective coating …”, para. [0038], “formed from transparent materials …”);
a interfacing structure extending between the base and the transparent interface element (Fig. 3, element 303, element 305, para. [0036], “housing structure having side walls … dividing wall …”), the interfacing structure having a wall coupled with and extending laterally between said base and said interface element (para. [0036], “housing structure having side walls … dividing wall …”);
a gap between the sensing portion and the transparent interface element (Fig. 3, para. [0034], “air gaps provided between respective components” -- there is a gap between element 202/element 105 and element 301), the transparent interface element having a first refractive index and the gap having a second refractive index (para. [0031], “light guiding element and its diffracting structure so as to change its path …”, para. [0034], “air gaps provided between respective components”, para. [0036], “anti-reflective coating …” - an air gap and an anti-reflective coating/diffracting structure have difference refractive indexes);
wherein the transparent interface element comprises an antireflective interface (para. [0036-0037], “anti-reflective coating may be provided to an underside/inner surface of the light guiding element … anti-reflective coating may be provided to an upper side/outer surface of the light guiding element …”);
wherein the transparent interface element is configured to contact the user’s body (Fig. 3, element 104, element 301, para. [0008], “wearable device configured to at least partially enclose an appendage of a user …”) and has a radius of curvature (para. [0041], “protective layer/window comprising the diffractive structure may be curved or bendable, for example so as to conform to a shape of a user’s body part …”); and
wherein the gap comprises air, the emitted light travelling only in air between the optical emitter and the transparent interface element and the detector light travelling only in air between the optical emitter and the transparent interface element (Fig. 3, para. [0034], “air gaps provided between respective components”).
However, Lasarov does not explicitly disclose the interfacing structure is a flexible interfacing structure, the flexible interfacing structure having a flexible wall coupled with and extending laterally between said base and said interface element, wherein the wall is flexible such that a distance between the base and the transparent interface element is varied when a pressure is applied either on the base or the transparent interface element or on both.
Pantelopoulos teaches an analogous photoplethysmography (PPG) sensor configured to be in contact with the user’s body (Fig. 10A-10B, para. [0007]). Pantelopoulos further teaches the sensor comprises a flexible interfacing structure, the flexible interfacing structure having a flexible wall, wherein the wall is flexible such that a distance between the base and the transparent interface element is varied when a pressure is applied either on the base or the transparent interface element or on both (Fig. 10A-10B, para. [0207-0208]). 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 interfacing structure and wall disclosed by Lasarov to additionally be flexible such that a distance between the base and the transparent interface element is varied when a pressure is applied either on the base or the transparent interface element or on both, as taught by Pantelopoulos. This is because Pantelopoulos teaches a flexible or pliable structure allows for the device to conform to the shape of a body part being monitored, thereby improving the efficiency of light flux (para. [0208]).
However, modified Lasarov does not explicitly disclose the antireflective interface being configured such that, when the second refractive index is larger than the first refractive index by at least 10%, an antireflective interface transmittance of the transparent interface element comprising the antireflective interface is at least 99%.
Walsh teaches of an analogous medical device for transmitting light to a user’s body and receiving reflected or scattered light from the user’s body (Abstract, Fig. 12, para. [0003]). Walsh teaches the device includes an optical emitter configured to emit an emitter light toward the user’s body (Fig. 12, element 502, para. [0143]) and an optical detector for detecting a detector light reflected or scattered from the tissue (Fig. 12, element 518r/518l, para. [0150-0151]). Walsh teaches the device includes a transparent interface element (Fig. 4, element 124, para. [0195]) comprises an antireflective interface (para. [0195]). Walsh further teaches the antireflective interface can be chosen such that the transparent interface element can have a transmittance of 99-100% (para. [0195]). 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 antireflective interface such that, when the second refractive index is larger than the first refractive index by at least 10%, an antireflective interface transmittance of the transparent interface element comprising the antireflective interface is at least 99%, as taught by Walsh. This is because Walsh teaches that having a transmittance of at least 99% allows for light of certain wavelengths to be passed, while reducing light of other wavelengths (para. [0195]).
However, modified Lasarov does not explicitly disclose the radius of curvature is between 10 and 100 mm to optimize the contact pressure with the user’s body.
Golda teaches of an analogous device for receiving a health signal (Abstract, Fig. 1K, para. [0019]). Golda the device comprises the device comprises optical emitters (Fig. 1K, elements 111c, 111d, para. [0031], para. [0033-0034]) and an optical detector (Fig. 1K, element 112c, para. [0031], para. [0033-0034]). Golda teaches the device includes an interfacing portion comprising a transparent interface element (Fig. 1K, element 121a/121b, para. [0034]). Golda further teaches the transparent interface element as a radius of curvature between 10 and 100 mm to optimize the contact pressure with the user’s body (para. [0037-0038]). 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 radius of curvature disclosed by modified Lasarov to explicitly be between 10 and 100 mm to optimize the contact pressure with the user’s body, as taught by Golda. This is because Golda teaches a curved surface is helpful for maintaining contact through movement and a radii of curvature between 20 and 40 mm have been found useful (para. [0038]).
Regarding claim 3, modified Lasarov discloses the PPG sensor according to claim 1.
However, modified Lasarov does not explicitly disclose wherein the second refractive index is larger than the first refractive index by about 20% or about 30%.
Walsh further teaches the antireflective interface can be chosen to adjust the transmittance of the antireflective interface (para. [0195]). 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 antireflective interface such that, the second refractive index is larger than the first refractive index by about 20% or about 30%. Walsh teaches that having different transmittance levels allows for light of certain wavelengths to be passed, while reducing light of other wavelengths (para. [0195]). Further, one of ordinary skill in the art would recognize that different materials of an antireflective interface can be chosen to produce the desired transmittance, as suggested by Walsh.
Regarding claim 5, modified Lasarov discloses the PPG sensor according to claim 1, wherein the antireflective interface comprises any one of an index-matching coating, a single-layer interference coating, a multi-layer interference coating, or any other type of antireflective coating (para. [0036-0037], “anti-reflective coating …”, para. [0049]).
Regarding claim 6, modified Lasarov discloses the PPG sensor according to claim 1, wherein the antireflective interface is comprised on one of a side of the transparent interface element (para. [0036-0037], “anti-reflective coating may be provided to an underside/inner surface of the light guiding element … provided to an upper side/outer surface of the light guiding element …”, para. [0049]).
Regarding claim 7, modified Lasarov discloses the PPG sensor according to claim 6, wherein the antireflective interface is comprised on a side of the transparent interface element that is closer to the sensing portion (para. [0036-0037], “anti-reflective coating may be provided to an underside/inner surface of the light guiding element, para. [0049]).
Regarding claim 8, modified Lasarov discloses the PPG sensor according to claim 6, wherein the antireflective interface is comprised on a side of the transparent interface element that is farther to the sensing portion (para. [0036-0037], “provided to an upper side/outer surface of the light guiding element …”, para. [0049]).
Regarding claim 9, modified Lasarov discloses the PPG sensor according to claim 1, wherein the antireflective interface is comprised on both sides of the transparent interface element (para. [0036-0037], “anti-reflective coating may be provided to an underside/inner surface of the light guiding element … provided to an upper side/outer surface of the light guiding element …”, para. [0049]).
Regarding claim 10, modified Lasarov discloses the PPG sensor according to claim 1, comprising a contact PPG sensor (Fig. 3, para. [0008], “provided as part of a device, such as a wearable device …”).
Regarding claim 13, modified Lasarov discloses the PPG sensor according to claim 1, wherein the wall comprises a middle wall, between the optical emitter and the optical detector, and a lateral wall surrounding the optical emitter and optical detector, the middle wall and lateral wall extending upward from said base and coupled with said interface (Fig. 3, element 303, element 305, para. [0036]).
However, modified Lasarov does not explicitly disclose the wall is a flexible wall and wherein said middle wall and said lateral wall are flexible to permit the distance between the base and the transparent interface element to be varied when a pressure is applied.
Pantelopoulos further teaches the sensor comprises a flexible wall to permit the distance between the base and the transparent interface element to be varied when a pressure is applied (Fig. 10A-10B, para. [0207-0208]). 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 structure disclosed by Lasarov to additionally be flexible to permit the distance between the base and the transparent interface element to be varied when a pressure is applied, as taught by Pantelopoulos. This is because Pantelopoulos teaches a flexible or pliable structure allows for the device to conform to the shape of a body part being monitored, thereby improving the efficiency of light flux (para. [0208]).
Regarding claim 14, modified Lasarov discloses the PPG sensor according to claim 1.
However, modified Lasarov does not explicitly disclose wherein the interfacing structure is configured such that the gap is hermetically sealed from an exterior environment.
Pantelopoulos further teaches an interfacing structure surrounding the optical emitter and the optical detector is hermetically sealed from an exterior environment (para. [0207], para. [0217]). 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 interfacing structure taught by modified Lasarov to additionally have the gap hermetically sealed from an exterior environment, as taught by Pantelopoulos. This is because Pantelopoulos teaches a liquid-tight seal prevents liquid ingress into the body of the biometric monitoring device (para. [0207], para. [0217]).
Regarding claim 16, modified Lasarov discloses the PPG sensor according to claim 13, wherein the interfacing structure is further configured to prevent the emitted light to reach the optical detector without travelling through the transparent interface element and the user's body (para. [0036], “dividing wall is provided between the light source and the optical sensing element which serves to block the paths of any light coming directly from the light source to the detector without having passed through the light guiding element …”).
Regarding claim 17, modified Lasarov discloses the PPG sensor according to claim 16, wherein the interfacing structure is further configured to prevent ambient light from reaching the optical detector (para. [0036], “block the paths of light … anti-reflective coating …”).
Regarding claim 18, modified Lasarov discloses the PPG sensor according to claim 1, configured to be worn on the user's body location including any one of: an armband, a wrist, a fingertip, or an ear (para. [0008], “wearable device … such as a user’s wrist …”).
Regarding claim 19, modified Lasarov discloses the PPG sensor according to claim 18, configured to be worn at the wrist and for determining a blood pressure from the PPG signal (para. [0002], “pressure pulse …”, para. [0008], “wearable device … such as a user’s wrist …”, para. [0025], “determining … cardiovascular measurement …”).
Regarding claim 20, modified Lasarov discloses the PPG sensor according to claim 1, configured to be integrated in a wearable device including any one of: a headband, an ankle bracelet, a choker, a ring, a helmet, an ear plug, a hearing aid, a headphone, glasses, a shirt, a bra, a garment, a glove, underpants, a socket, a shoe, a wearable sensor, a patch adhering to skin of the user, a pulsatility signal sensor (para. [0008], “wearable device … such as a user’s wrist …”).
Regarding claim 21, modified Lasarov discloses the PPG sensor according to claim 1, configured to be integrated in a device destined to be in contact with the user's body, including any one of: a bed sensor, a chair sensor, a toilet sensor, a table sensor, a car sensor, a computer mouse sensor (para. [0008], “wearable device …”, para. [0025], “portable/wearable device …” - the device is capable of being integrated into any portable device).
Regarding claim 22, Lasarov discloses a photoplethysmography (PPG) sensor configured to be in contact with a user's body (Abstract, Fig. 3, para. [0001]), the PPG sensor comprising:
a sensing portion (Fig. 3, element 105, element 202, para. [0036]) comprising an optical emitter configured to emit an emitted light toward the user's body Fig. 3, element 202, para. [0028], “light beam to an object … user’s body …”, para. [0031], “source of illumination, such as a light emitting diode …”, para. [0034], “air gaps provided between respective components …”), and an optical detector for detecting a detector light reflected or scattered from the user's body, to provide a PPG signal (Fig. 3, element 105, para. [0028], “reflected within the region of the user’s body … reflected light is detected by the optical sensing element …”, para. [0030], “provide photoplethysmogram (PPG) sensors …”, para. [0034], “air gaps provided between respective components …”, para. [0036]); and
an interfacing portion (Fig. 3, element 301, element 303, element 305, para. [0035-0036]) comprised between the sensing portion and the user's body, the interfacing portion comprising a transparent interface element through which the emitted light is transmitted when travelling from the optical emitter toward the body, and through which the detector light is transmitted when travelling from the body to the optical detector, wherein the transparent interface element has an interface transmittance (Fig. 3, element 301, para. [0035], “light guiding element … forms a protective window/cover …”, para. [0037], “diffractive structure … anti-reflective coating …”, para. [0038], “formed from transparent materials …”);
the interfacing portion comprises a gap between the sensing portion and the transparent interface element (Fig. 3, para. [0034], “air gaps provided between respective components” -- there is a gap between element 202/element 105 and element 301), the transparent interface element having a first refractive index and the gap having a second refractive index (para. [0031], “light guiding element and its diffracting structure so as to change its path …”, para. [0034], “air gaps provided between respective components”, para. [0036], “anti-reflective coating …” - an air gap and an anti-reflective coating/diffracting structure have difference refractive indexes);
wherein the transparent interface element comprises an antireflective interface (para. [0036-0037], “anti-reflective coating may be provided to an underside/inner surface of the light guiding element … anti-reflective coating may be provided to an upper side/outer surface of the light guiding element …”);
wherein the transparent interface element is configured to contact the user's body (Fig. 3, element 104, element 301, para. [0008], “wearable device configured to at least partially enclose an appendage of a user …”) and has a radius of curvature (para. [0041], “protective layer/window comprising the diffractive structure may be curved or bendable, for example so as to conform to a shape of a user’s body part …”);
wherein the sensing portion comprises a base on which the optical emitter and the optical detector are provided (Fig. 3, element 304, para. [0036], “lower base/substrate section”),
wherein the interfacing portion comprises an interfacing structure extending between the base and the transparent interface element, defining the gap between the sensing portion and the transparent interface element (Fig. 3, element 303, element 305, para. [0036]); and
wherein the gap comprises air, the emitted light travelling only in air between the optical emitter and the transparent interface element and the detector light travelling only in air between the optical emitter and the transparent interface element (Fig. 3, para. [0034], “air gaps provided between respective components”).
However, Lasarov does not explicitly disclose the interfacing structure is flexible such that a distance between the base and the transparent interface element can be varied when a pressure is applied either on the base or the transparent interface element or on both.
Pantelopoulos teaches an analogous photoplethysmography (PPG) sensor configured to be in contact with the user’s body (Fig. 10A-10B, para. [0007]). Pantelopoulos further teaches the sensor comprises an interfacing structure that is flexible such that a distance between the base and the transparent interface element can be varied when a pressure is applied either on the base or the transparent interface element or on both (Fig. 10A-10B, para. [0207-0208]). 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 interfacing structure disclosed by Lasarov to additionally be flexible such that a distance between the base and the transparent interface element is varied when a pressure is applied either on the base or the transparent interface element or on both, as taught by Pantelopoulos. This is because Pantelopoulos teaches a flexible or pliable structure allows for the device to conform to the shape of a body part being monitored, thereby improving the efficiency of light flux (para. [0208]).
However, modified Lasarov does not explicitly disclose the antireflective interface being configured such that, when the second refractive index is larger than the first refractive index by at least 10%, an antireflective interface transmittance of the transparent interface element comprising the antireflective interface is at least 99%.
Walsh teaches of an analogous medical device for transmitting light to a user’s body and receiving reflected or scattered light from the user’s body (Abstract, Fig. 12, para. [0003]). Walsh teaches the device includes an optical emitter configured to emit an emitter light toward the user’s body (Fig. 12, element 502, para. [0143]) and an optical detector for detecting a detector light reflected or scattered from the tissue (Fig. 12, element 518r/518l, para. [0150-0151]). Walsh teaches the device includes a transparent interface element (Fig. 4, element 124, para. [0195]) comprises an antireflective interface (para. [0195]). Walsh further teaches the antireflective interface can be chosen such that the transparent interface element can have a transmittance of 99-100% (para. [0195]). 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 antireflective interface such that, when the second refractive index is larger than the first refractive index by at least 10%, an antireflective interface transmittance of the transparent interface element comprising the antireflective interface is at least 99%, as taught by Walsh. This is because Walsh teaches that having a transmittance of at least 99% allows for light of certain wavelengths to be passed, while reducing light of other wavelengths (para. [0195]).
However, modified Lasarov does not explicitly disclose the radius of curvature is between 10 and 100 mm to optimize the contact pressure with the user's body when the PPG sensor is worn, in order to reduce possible movements between the PPG sensor and the body.
Golda teaches of an analogous device for receiving a health signal (Abstract, Fig. 1K, para. [0019]). Golda the device comprises the device comprises optical emitters (Fig. 1K, elements 111c, 111d, para. [0031], para. [0033-0034]) and an optical detector (Fig. 1K, element 112c, para. [0031], para. [0033-0034]). Golda teaches the device includes an interfacing portion comprising a transparent interface element (Fig. 1K, element 121a/121b, para. [0034]). Golda further teaches the transparent interface element as a radius of curvature is between 10 and 100 mm to optimize the contact pressure with the user's body when the PPG sensor is worn, in order to reduce possible movements between the PPG sensor and the body (para. [0037-0038]). 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 radius of curvature disclosed by modified Lasarov to explicitly be between 10 and 100 mm to optimize the contact pressure with the user's body when the PPG sensor is worn, in order to reduce possible movements between the PPG sensor and the body, as taught by Golda. This is because Golda teaches a curved surface is helpful for maintaining contact through movement and a radii of curvature between 20 and 40 mm have been found useful (para. [0038]).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Harri Lasarov (US 20170311856 A1), hereinafter referred to as Lasarov, in view of Pantelopoulos et al. (US 20170209055 A1), hereinafter referred to as Pantelopoulos, in view of Walsh et al. (US 20170127932 A1) (previously cited), hereinafter referred to as Walsh, in view of Golda et al. (US 20150094552 A1) (previously cited), hereinafter referred to as Golda as applied to claim 1 above, and further in view of Yutaka et al. (JP 2009211061 A - cited in the IDS filed 11/17/2023) (previously cited 05/03/2024), hereinafter referred to as Yutaka.
Regarding claim 4, modified Lasarov discloses the PPG sensor according to claim 1.
However, modified Lasarov does not explicitly disclose wherein the antireflective interface comprises a textured surface having a roughness Ra between 0.025 and 0.40 µm.
Yutaka teaches of an analogous antireflective film for a transparent substrate (para. [0001], para. [0009]). Yutaka further teaches the antireflective film comprises a textured surface having a roughness Ra between 0.025 and 0.40 µm (para. [0010]). 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 antireflective interface disclosed by modified Lasarov to explicitly have a roughness Ra between 0.025 and 0.40 µm. Yutaka teaches a roughness Ra between 0.025 and 0.40 µm is a suitable roughness for an antireflective coating and ensuring clarity (para. [0010-0011]).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Harri Lasarov (US 20170311856 A1), hereinafter referred to as Lasarov, in view of Pantelopoulos et al. (US 20170209055 A1), hereinafter referred to as Pantelopoulos, in view of Walsh et al. (US 20170127932 A1) (previously cited), hereinafter referred to as Walsh, in view of Golda et al. (US 20150094552 A1) (previously cited), hereinafter referred to as Golda, in view of Yutaka et al. (JP 2009211061 A - cited in the IDS filed 11/17/2023) (previously cited 05/03/2024), hereinafter referred to as Yutaka.
Regarding claim 23, Lasarov discloses a photoplethysmography (PPG) sensor configured to be in contact with a user's body (Abstract, Fig. 3, para. [0001]), the PPG sensor comprising:
a sensing portion (Fig. 3, element 105, element 202, para. [0036]) comprising an optical emitter configured to emit an emitted light toward the user's body (Fig. 3, element 202, para. [0028], “light beam to an object … user’s body …”, para. [0031], “source of illumination, such as a light emitting diode …”, para. [0034], “air gaps provided between respective components …”), and an optical detector for detecting a detector light reflected or scattered from the user's body, to provide a PPG signal (Fig. 3, element 105, para. [0028], “reflected within the region of the user’s body … reflected light is detected by the optical sensing element …”, para. [0030], “provide photoplethysmogram (PPG) sensors …”, para. [0034], “air gaps provided between respective components …”, para. [0036]); and
an interfacing portion (Fig. 3, element 301, element 303, element 305, para. [0035-0036]) comprised between the sensing portion and the user's body, the interfacing portion comprising a transparent interface element through which the emitted light is transmitted when travelling from the optical emitter toward the body, and through which the detector light is transmitted when travelling from the body to the optical detector, wherein the transparent interface element has an interface transmittance (Fig. 3, element 301, para. [0035], “light guiding element … forms a protective window/cover …”, para. [0037], “diffractive structure … anti-reflective coating …”, para. [0038], “formed from transparent materials …”);
the interfacing portion comprises a gap between the sensing portion and the transparent interface element (Fig. 3, para. [0034], “air gaps provided between respective components” -- there is a gap between element 202/element 105 and element 301), the transparent interface element having a first refractive index and the gap having a second refractive index (para. [0031], “light guiding element and its diffracting structure so as to change its path …”, para. [0034], “air gaps provided between respective components”, para. [0036], “anti-reflective coating …” - an air gap and an anti-reflective coating/diffracting structure have difference refractive indexes);
wherein the transparent interface element comprises an antireflective interface (para. [0036-0037], “anti-reflective coating may be provided to an underside/inner surface of the light guiding element … anti-reflective coating may be provided to an upper side/outer surface of the light guiding element …”);
wherein the transparent interface element is configured to contact the user’s body (Fig. 3, element 104, element 301, para. [0008], “wearable device configured to at least partially enclose an appendage of a user …”);
wherein the transparent interface has a radius of curvature (para. [0041], “protective layer/window comprising the diffractive structure may be curved or bendable, for example so as to conform to a shape of a user’s body part …”);
wherein the sensing portion comprises a base on which the optical emitter and the optical detector are provided (Fig. 3, element 304, para. [0036], “lower base/substrate section”),
wherein the interfacing portion comprises an interfacing structure extending between the base and the transparent interface element, defining the gap between the sensing portion and the transparent interface element (Fig. 3, element 303, element 305, para. [0036]); and
wherein the gap comprises air, the emitted light travelling only in air between the optical emitter and the transparent interface element and the detector light travelling only in air between the optical emitter and the transparent interface element (Fig. 3, para. [0034], “air gaps provided between respective components”).
However, Lasarov does not explicitly disclose wherein the interfacing structure is flexible such that a distance between the base and the transparent interface element can be varied when a pressure is applied either on the base or the transparent interface element or on both.
Pantelopoulos teaches an analogous photoplethysmography (PPG) sensor configured to be in contact with the user’s body (Fig. 10A-10B, para. [0007]). Pantelopoulos further teaches the sensor comprises a interfacing structure, wherein the interfacing structure is flexible such that a distance between the base and the transparent interface element can be varied when a pressure is applied either on the base or the transparent interface element or on both (Fig. 10A-10B, para. [0207-0208]). 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 interfacing structure disclosed by Lasarov to additionally be flexible such that a distance between the base and the transparent interface element can be varied when a pressure is applied either on the base or the transparent interface element or on both, as taught by Pantelopoulos. This is because Pantelopoulos teaches a flexible or pliable structure allows for the device to conform to the shape of a body part being monitored, thereby improving the efficiency of light flux (para. [0208]).
However, modified Lasarov does not explicitly disclose the antireflective interface being configured such that, when the second refractive index is larger than the first refractive index by at least 10%, an antireflective interface transmittance of the transparent interface element comprising the antireflective interface is at least 99%.
Walsh teaches of an analogous medical device for transmitting light to a user’s body and receiving reflected or scattered light from the user’s body (Abstract, Fig. 12, para. [0003]). Walsh teaches the device includes an optical emitter configured to emit an emitter light toward the user’s body (Fig. 12, element 502, para. [0143]) and an optical detector for detecting a detector light reflected or scattered from the tissue (Fig. 12, element 518r/518l, para. [0150-0151]). Walsh teaches the device includes a transparent interface element (Fig. 4, element 124, para. [0195]) comprises an antireflective interface (para. [0195]). Walsh further teaches the antireflective interface can be chosen such that the transparent interface element can have a transmittance of 99-100% (para. [0195]). 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 antireflective interface such that, when the second refractive index is larger than the first refractive index by at least 10%, an antireflective interface transmittance of the transparent interface element comprising the antireflective interface is at least 99%, as taught by Walsh. This is because Walsh teaches that having a transmittance of at least 99% allows for light of certain wavelengths to be passed, while reducing light of other wavelengths (para. [0195]).
However, modified Lasarov does not explicitly disclose the radius of curvature is between 10 and 100 mm to optimize the contact pressure with the user’s body, to optimize the contact pressure with the user's body when the PPG sensor is worn, reduce possible movements between the PPG sensor and the body, and maximize the transmitted intensity of the transmitted portion of emitted light and the intensity of the detector light.
Golda teaches of an analogous device for receiving a health signal (Abstract, Fig. 1K, para. [0019]). Golda the device comprises the device comprises optical emitters (Fig. 1K, elements 111c, 111d, para. [0031], para. [0033-0034]) and an optical detector (Fig. 1K, element 112c, para. [0031], para. [0033-0034]). Golda teaches the device includes an interfacing portion comprising a transparent interface element (Fig. 1K, element 121a/121b, para. [0034]). Golda further teaches the transparent interface element as a radius of curvature between 10 and 100 mm to optimize the contact pressure with the user’s body, to optimize the contact pressure with the user's body when the PPG sensor is worn, reduce possible movements between the PPG sensor and the body, and maximize the transmitted intensity of the transmitted portion of emitted light and the intensity of the detector light (para. [0037-0038]). 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 radius of curvature disclosed by modified Lasarov to explicitly be between 10 and 100 mm to optimize the contact pressure with the user’s body, to optimize the contact pressure with the user's body when the PPG sensor is worn, reduce possible movements between the PPG sensor and the body, and maximize the transmitted intensity of the transmitted portion of emitted light and the intensity of the detector light, as taught by Golda. This is because Golda teaches a curved surface is helpful for maintaining contact through movement and a radii of curvature between 20 and 40 mm have been found useful (para. [0038]).
However, modified Lasarov does not explicitly disclose the transparent interface comprises a textured surface having a roughness Ra between 0.025 and 0.40 μm, to optimize the contact pressure with the user's body when the PPG sensor is worn, reduce possible movements between the PPG sensor and the body, and maximize the transmitted intensity of the transmitted portion of emitted light and the intensity of the detector light.
Yutaka teaches of an analogous antireflective film for a transparent substrate (para. [0001], para. [0009]). Yutaka further teaches the antireflective film comprises a textured surface having a roughness Ra between 0.025 and 0.40 µm (para. [0010]). 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 antireflective interface disclosed by modified Lasarov to explicitly have a roughness Ra between 0.025 and 0.40 µm, to optimize the contact pressure with the user's body when the PPG sensor is worn, reduce possible movements between the PPG sensor and the body, and maximize the transmitted intensity of the transmitted portion of emitted light and the intensity of the detector light. Yutaka teaches a roughness Ra between 0.025 and 0.40 µm is a suitable roughness for an antireflective coating and ensuring clarity (para. [0010-0011]).
Claims 24 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Harri Lasarov (US 20170311856 A1), hereinafter referred to as Lasarov, in view of Pantelopoulos et al. (US 20170209055 A1), hereinafter referred to as Pantelopoulos, in view of Walsh et al. (US 20170127932 A1) (previously cited), hereinafter referred to as Walsh.
Regarding claim 24, Lasarov discloses a photoplethysmography (PPG) sensor configured to be in contact with a user's body (Abstract, Fig. 3, para. [0001]), the PPG sensor comprising:
a sensing portion (Fig. 3, element 105, element 202, para. [0036]) comprising an optical emitter configured to emit an emitted light toward the user's body (Fig. 3, element 202, para. [0028], “light beam to an object … user’s body …”, para. [0031], “source of illumination, such as a light emitting diode …”, para. [0034], “air gaps provided between respective components …”), and an optical detector for detecting a detector light reflected or scattered from the user's body, to provide a PPG signal (Fig. 3, element 105, para. [0028], “reflected within the region of the user’s body … reflected light is detected by the optical sensing element …”, para. [0030], “provide photoplethysmogram (PPG) sensors …”, para. [0034], “air gaps provided between respective components …”, para. [0036]); and
an interfacing portion (Fig. 3, element 301, element 303, element 305, para. [0035-0036]) comprised between the sensing portion and the user's body, the interfacing portion comprising a transparent interface element through which the emitted light is transmitted when travelling from the optical emitter toward the body, and through which the detector light is transmitted when travelling from the body to the optical detector, wherein the transparent interface element has an interface transmittance (Fig. 3, element 301, para. [0035], “light guiding element … forms a protective window/cover …”, para. [0037], “diffractive structure … anti-reflective coating …”, para. [0038], “formed from transparent materials …”);
the interfacing portion comprises a gap between the sensing portion and the transparent interface element (Fig. 3, para. [0034], “air gaps provided between respective components” -- there is a gap between element 202/element 105 and element 301), the transparent interface element having a first refractive index and the gap having a second refractive index (para. [0031], “light guiding element and its diffracting structure so as to change its path …”, para. [0034], “air gaps provided between respective components”, para. [0036], “anti-reflective coating …” - an air gap and an anti-reflective coating/diffracting structure have difference refractive indexes);
wherein the transparent interface element comprises an antireflective interface (para. [0036-0037], “anti-reflective coating may be provided to an underside/inner surface of the light guiding element … anti-reflective coating may be provided to an upper side/outer surface of the light guiding element …”);
wherein the sensing portion comprises a base on which the optical emitter and the optical detector are provided (Fig. 3, element 304, para. [0036], “lower base/substrate section”),
wherein the interfacing portion comprises an interfacing structure extending between the base and the transparent interface element, defining the gap between the sensing portion and the transparent interface element (Fig. 3, element 303, element 305, para. [0036], “housing structure having side walls … dividing wall …”), the interfacing structure having a wall coupled with and extending laterally between said base and said interface element (para. [0036], “housing structure having side walls … dividing wall …”); and
wherein the gap comprises air, the emitted light travelling only in air between the optical emitter and the transparent interface element and the detector light travelling only in air between the optical emitter and the transparent interface element (Fig. 3, para. [0034], “air gaps provided between respective components”).
However, Lasarov does not explicitly disclose the interfacing structure is flexible such that a distance between the base and the transparent interface element can be varied when a pressure is applied either on the base or the transparent interface element or on both.
Pantelopoulos teaches an analogous photoplethysmography (PPG) sensor configured to be in contact with the user’s body (Fig. 10A-10B, para. [0007]). Pantelopoulos further teaches the sensor comprises an interfacing structure, the interfacing structure is flexible such that a distance between the base and the transparent interface element can be varied when a pressure is applied either on the base or the transparent interface element or on both (Fig. 10A-10B, para. [0207-0208]). 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 interfacing structure disclosed by Lasarov to additionally be flexible such that a distance between the base and the transparent interface element can be varied when a pressure is applied either on the base or the transparent interface element or on both, as taught by Pantelopoulos. This is because Pantelopoulos teaches a flexible or pliable structure allows for the device to conform to the shape of a body part being monitored, thereby improving the efficiency of light flux (para. [0208]).
However, modified Lasarov does not explicitly disclose the antireflective interface being configured such that, when the second refractive index is larger than the first refractive index by at least 10%, an antireflective interface transmittance of the transparent interface element comprising the antireflective interface is at least 99%.
Walsh teaches of an analogous medical device for transmitting light to a user’s body and receiving reflected or scattered light from the user’s body (Abstract, Fig. 12, para. [0003]). Walsh teaches the device includes an optical emitter configured to emit an emitter light toward the user’s body (Fig. 12, element 502, para. [0143]) and an optical detector for detecting a detector light reflected or scattered from the tissue (Fig. 12, element 518r/518l, para. [0150-0151]). Walsh teaches the device includes a transparent interface element (Fig. 4, element 124, para. [0195]) comprises an antireflective interface (para. [0195]). Walsh further teaches the antireflective interface can be chosen such that the transparent interface element can have a transmittance of 99-100% (para. [0195]). 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 antireflective interface such that, when the second refractive index is larger than the first refractive index by at least 10%, an antireflective interface transmittance of the transparent interface element comprising the antireflective interface is at least 99%, as taught by Walsh. This is because Walsh teaches that having a transmittance of at least 99% allows for light of certain wavelengths to be passed, while reducing light of other wavelengths (para. [0195]).
Regarding claim 26, Lasarov discloses a photoplethysmography (PPG) sensor configured to be in contact with a user's body (Abstract, Fig. 3, para. [0001]), the PPG sensor comprising:
a sensing portion (Fig. 3, element 105, element 202, para. [0036]) comprising an optical emitter configured to emit an emitted light toward the user's body (Fig. 3, element 202, para. [0028], “light beam to an object … user’s body …”, para. [0031], “source of illumination, such as a light emitting diode …”, para. [0034], “air gaps provided between respective components …”), and an optical detector for detecting a detector light reflected or scattered from the user's body, to provide a PPG signal (Fig. 3, element 105, para. [0028], “reflected within the region of the user’s body … reflected light is detected by the optical sensing element …”, para. [0030], “provide photoplethysmogram (PPG) sensors …”, para. [0034], “air gaps provided between respective components …”, para. [0036]); and
an interfacing portion (Fig. 3, element 301, element 303, element 305, para. [0035-0036]) comprised between the sensing portion and the user's body, the interfacing portion comprising a transparent interface element through which the emitted light is transmitted when travelling from the optical emitter toward the body, and through which the detector light is transmitted when travelling from the body to the optical detector, wherein the transparent interface element has an interface transmittance (Fig. 3, element 301, para. [0035], “light guiding element … forms a protective window/cover …”, para. [0037], “diffractive structure … anti-reflective coating …”, para. [0038], “formed from transparent materials …”);
the interfacing portion comprises a gap between the sensing portion and the transparent interface element (Fig. 3, para. [0034], “air gaps provided between respective components” -- there is a gap between element 202/element 105 and element 301), the transparent interface element having a first refractive index and the gap having a second refractive index (para. [0031], “light guiding element and its diffracting structure so as to change its path …”, para. [0034], “air gaps provided between respective components”, para. [0036], “anti-reflective coating …” - an air gap and an anti-reflective coating/diffracting structure have difference refractive indexes);
wherein the transparent interface element comprises an antireflective interface (para. [0036-0037], “anti-reflective coating may be provided to an underside/inner surface of the light guiding element … anti-reflective coating may be provided to an upper side/outer surface of the light guiding element …”).
However, Lasarov does not explicitly disclose wherein the optical detector is configured to collect light at a notched spectrum window that matches the emission wavelength of the optical emitter.
Pantelopoulos teaches an analogous photoplethysmography (PPG) sensor configured to be in contact with the user’s body (Fig. 10A-10B, para. [0007]). Pantelopoulos further teaches the optical detector is configured to collect light at a notched spectrum window that matches the emission wavelength of the optical emitter (para. [0194-0195]). 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 optical detector disclosed by Lasarov to additionally be configured to collect light at a notched spectrum window that matches the emission wavelength of the optical emitter, as taught by Pantelopoulos. This is because Pantelopoulos teaches detecting a matching emission wavelength allows for specific physiological data to be collected (para. [0194]).
However, modified Lasarov does not explicitly disclose the antireflective interface being configured such that, when the second refractive index is larger than the first refractive index by at least 10%, an antireflective interface transmittance of the transparent interface element comprising the antireflective interface is at least 99%.
Walsh teaches of an analogous medical device for transmitting light to a user’s body and receiving reflected or scattered light from the user’s body (Abstract, Fig. 12, para. [0003]). Walsh teaches the device includes an optical emitter configured to emit an emitter light toward the user’s body (Fig. 12, element 502, para. [0143]) and an optical detector for detecting a detector light reflected or scattered from the tissue (Fig. 12, element 518r/518l, para. [0150-0151]). Walsh teaches the device includes a transparent interface element (Fig. 4, element 124, para. [0195]) comprises an antireflective interface (para. [0195]). Walsh further teaches the antireflective interface can be chosen such that the transparent interface element can have a transmittance of 99-100% (para. [0195]). 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 antireflective interface such that, when the second refractive index is larger than the first refractive index by at least 10%, an antireflective interface transmittance of the transparent interface element comprising the antireflective interface is at least 99%, as taught by Walsh. This is because Walsh teaches that having a transmittance of at least 99% allows for light of certain wavelengths to be passed, while reducing light of other wavelengths (para. [0195]).
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Harri Lasarov (US 20170311856 A1), hereinafter referred to as Lasarov, in view of Walsh et al. (US 20170127932 A1) (previously cited), hereinafter referred to as Walsh.
Regarding claim 25, Lasarov discloses a photoplethysmography (PPG) sensor configured to be in contact with a user's body (Abstract, Fig. 3, para. [0001]), the PPG sensor comprising:
a sensing portion (Fig. 3, element 105, element 202, para. [0036]) comprising an optical emitter configured to emit an emitted light toward the user's body (Fig. 3, element 202, para. [0028], “light beam to an object … user’s body …”, para. [0031], “source of illumination, such as a light emitting diode …”, para. [0034], “air gaps provided between respective components …”), and an optical detector for detecting a detector light reflected or scattered from the user's body, to provide a PPG signal (Fig. 3, element 105, para. [0028], “reflected within the region of the user’s body … reflected light is detected by the optical sensing element …”, para. [0030], “provide photoplethysmogram (PPG) sensors …”, para. [0034], “air gaps provided between respective components …”, para. [0036]); and
an interfacing portion (Fig. 3, element 301, element 303, element 305, para. [0035-0036]) comprised between the sensing portion and the user's body, the interfacing portion comprising a transparent interface element through which the emitted light is transmitted when travelling from the optical emitter toward the body, and through which the detector light is transmitted when travelling from the body to the optical detector, wherein the transparent interface element has an interface transmittance (Fig. 3, element 301, para. [0035], “light guiding element … forms a protective window/cover …”, para. [0037], “diffractive structure … anti-reflective coating …”, para. [0038], “formed from transparent materials …”);
the interfacing portion comprises a gap between the sensing portion and the transparent interface element (Fig. 3, para. [0034], “air gaps provided between respective components” -- there is a gap between element 202/element 105 and element 301), the transparent interface element having a first refractive index and the gap having a second refractive index (para. [0031], “light guiding element and its diffracting structure so as to change its path …”, para. [0034], “air gaps provided between respective components”, para. [0036], “anti-reflective coating …” - an air gap and an anti-reflective coating/diffracting structure have difference refractive indexes);
wherein the transparent interface element comprises an antireflective interface (para. [0036-0037], “anti-reflective coating may be provided to an underside/inner surface of the light guiding element … anti-reflective coating may be provided to an upper side/outer surface of the light guiding element …”);
wherein the gap is filled only with air, the emitted light travelling only in air between the optical emitter and the transparent interface element (Fig. 3, para. [0034], “air gaps provided between respective components”); and
wherein the antireflective interface is arranged on a side of the transparent interface element that is closer to the sensing portion (para. [0036], “anti-reflective coating may be provided to an underside/inner surface of the light guiding element …”).
However, Lasarov does not explicitly disclose the antireflective interface being configured such that, when the second refractive index is larger than the first refractive index by at least 10%, an antireflective interface transmittance of the transparent interface element comprising the antireflective interface is at least 99%.
Walsh teaches of an analogous medical device for transmitting light to a user’s body and receiving reflected or scattered light from the user’s body (Abstract, Fig. 12, para. [0003]). Walsh teaches the device includes an optical emitter configured to emit an emitter light toward the user’s body (Fig. 12, element 502, para. [0143]) and an optical detector for detecting a detector light reflected or scattered from the tissue (Fig. 12, element 518r/518l, para. [0150-0151]). Walsh teaches the device includes a transparent interface element (Fig. 4, element 124, para. [0195]) comprises an antireflective interface (para. [0195]). Walsh further teaches the antireflective interface can be chosen such that the transparent interface element can have a transmittance of 99-100% (para. [0195]). 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 antireflective interface such that, when the second refractive index is larger than the first refractive index by at least 10%, an antireflective interface transmittance of the transparent interface element comprising the antireflective interface is at least 99%, as taught by Walsh. This is because Walsh teaches that having a transmittance of at least 99% allows for light of certain wavelengths to be passed, while reducing light of other wavelengths (para. [0195]).
Response to Arguments
Applicant’s arguments with respect to claims 1, 3-10, 13-14, and 16-23 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Specifically, a new grounds of rejection, necessitated by Applicant’s amendments, is made in view of Harri Lasarov (US 20170311856 A1), hereinafter referred to as Lasarov.
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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/K.W.K./Examiner, Art Unit 3791
/ERIC J MESSERSMITH/Primary Examiner, Art Unit 3791