Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The amendment filed 06/04/25 has been entered. Claims 1-20 remain pending in the application.
Claim Rejections - 35 USC § 112
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 8 and 12-13 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.
Claim 8 recites the limitation "the wrist module" in line 1. There is insufficient antecedent basis for this limitation in the claim. As the wrist module is no longer included within the scope of the claims, the examiner suggests cancelling the claim.
Claim 12 recites the limitation "the wrist module" in line 1. There is insufficient antecedent basis for this limitation in the claim. As the wrist module is no longer included within the scope of the claims, the examiner suggests cancelling the claim.
Claim 13 is rejected due to dependency.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-4, 7, 10-11, and 14-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ye (CN 114073520 B).
Regarding claim 1, Ye discloses a system to determine blood oxygen saturation (SpO2) (description para 9: “a method for blood oxygen detection of an electronic device”) comprising: a finger sensor device (para 63: “The smart wearable device 200 may include… finger rings,”) including a sensor (description para 65: “a PPG sensor”, Fig 3 element 250) and a transmitter coupled to the sensor (description para 65: “a wireless communication module 220,”); and a relay device communicatively connected to the finger sensor device (description paras 61-62: “blood oxygen detection system includes a handheld terminal device 100… The handheld terminal device 100 can be a client that can communicate with the smart wearable device 200,”); wherein the sensor of the finger sensor device noninvasively measures changes of light absorption in oxygenated or deoxygenated blood as signal data (description para 11: “performing blood oxygen detection, the green LED emits green light to illuminate the wrist arterial tissue, part of the green light is absorbed by the blood, and part of the green light is reflected back by the photodetector and converted to obtain green light data, that is, the PPG sensor contains green light data to obtain a PPG signal”) and wirelessly sends the signal data to the relay device (description paragraph 214: “send the PPG signal to the mobile phone”), wherein the relay device calculates a percentage of saturation of hemoglobin in the blood (Sp02) using the received measured signal data (description paragraph 212: Figure 14 - 1400: “the mobile phone 100 analyzes the quality of the PPG signal and calculates the blood oxygen saturation”), and wherein the relay device displays the calculated percentage of saturation of hemoglobin in the blood (description paragraph 225: Figure 14 - 1407: “The cell phone 100 outputs blood oxygen saturation through the display screen”)
Regarding claim 2, Ye discloses wherein the relay device calculates the Sp02 via a calibrated algorithm using a double-ratio of the pulsatile and non-pulsatile components of red-light absorption to IR light absorption (description paras 108-113).
Regarding claim 3, Ye discloses wherein the relay device is communicatively connected to the finger sensor device via wireless communication (description para 65: “a wireless communication module 220,”).
Regarding claim 4, Ye discloses wherein the finger sensor device is ring-shaped (para 63: “The smart wearable device 200 may include… finger rings,”).
Regarding claim 7, Ye discloses the finger sensor includes a power source that powers the finger sensor device (description para 84, wherein the prompt implies a battery source).
Regarding claim 10, Ye further discloses the finger sensor includes an accelerometer to detect motion artifacts (description para 65: “an accelerometer (ACC) 260,”).
Regarding claim 11, Ye further discloses the accelerometer includes at least one of: uni-axial accelerometers, bi-axial accelerometers, tri-axial accelerometers, or gyroscopes (description para 143: “Wherein, ACC x , ACC y and ACC z are the components of the local ACC signal in the directions of three axes (x-axis, y-axis and z-axis) of the fluctuation space coordinate system.”).
Regarding claim 14, Ye discloses wherein the relay device includes at least one of a tablet, smart phone, or computer to calculate, by using an algorithm, the percentage of saturation of hemoglobin by using a received PPG signal data from the finger sensor device (1400: “the mobile phone 100 analyzes the quality of the PPG signal and calculates the blood oxygen saturation”).
Regarding claim 15, Ye further discloses that the relay device displays the calculated percentage of saturation of hemoglobin on a screen of the tablet, smart phone, or computer to report the results (1407: “The cell phone 100 outputs blood oxygen saturation through the display screen”).
Regarding claim 16, Ye discloses a method to determine blood oxygen saturation (SpO2) (description para 9: “a method for blood oxygen detection of an electronic device”) comprising: noninvasively measuring, by a finger sensor device (para 63: “The smart wearable device 200 may include… finger rings,”), changes of light absorption in oxygenated or deoxygenated blood as signal data (description para 11: “performing blood oxygen detection, the green LED emits green light to illuminate the wrist arterial tissue, part of the green light is absorbed by the blood, and part of the green light is reflected back by the photodetector and converted to obtain green light data, that is, the PPG sensor contains green light data to obtain a PPG signal”); sending, by the finger relay device communicatively connected to the finger sensor device (description para 65: “a wireless communication module 220,”, description paragraph 214: “send the PPG signal to the mobile phone”), the signal data to a relay device (description paras 61-62: “blood oxygen detection system includes a handheld terminal device 100… The handheld terminal device 100 can be a client that can communicate with the smart wearable device 200,”); calculating, by the relay device, a percentage of saturation of hemoglobin in the blood (Sp02) using the received measured signal data (description paragraph 212: Figure 14 - 1400: “the mobile phone 100 analyzes the quality of the PPG signal and calculates the blood oxygen saturation”), and displaying the Sp02 on a display of the relay device (description paragraph 225: Figure 14 - 1407: “The cell phone 100 outputs blood oxygen saturation through the display screen”).
Regarding claim 17, Ye discloses wherein the relay device calculates the Sp02 via a calibrated algorithm using a double-ratio of the pulsatile and non-pulsatile components of red-light absorption to IR light absorption (description paras 108-113).
Regarding claim 18, Ye discloses a biosensor device to determine blood oxygen saturation (SpO2), comprising (description para 9: “a method for blood oxygen detection of an electronic device”) comprising: a finger sensor device (para 63: “The smart wearable device 200 may include… finger rings,”, description para 65: “a PPG sensor”, Fig 3 element 250) coupled to a transmitter (description para 65: “a wireless communication module 220,”); wherein the finger sensor noninvasively measures changes of light absorption in oxygenated or deoxygenated blood as data (description para 11: “performing blood oxygen detection, the green LED emits green light to illuminate the wrist arterial tissue, part of the green light is absorbed by the blood, and part of the green light is reflected back by the photodetector and converted to obtain green light data, that is, the PPG sensor contains green light data to obtain a PPG signal”) and sends the data wirelessly to a relay device (description paragraph 214: “send the PPG signal to the mobile phone”, description paras 61-62: “blood oxygen detection system includes a handheld terminal device 100… The handheld terminal device 100 can be a client that can communicate with the smart wearable device 200,”); wherein the relay device calculates a percentage of saturation of hemoglobin in the blood (Sp02) using the received measured data (description paragraph 212: Figure 14 - 1400: “the mobile phone 100 analyzes the quality of the PPG signal and calculates the blood oxygen saturation”), and wherein the relay device displays the calculated percentage of saturation of hemoglobin in the blood (description paragraph 225: Figure 14 - 1407: “The cell phone 100 outputs blood oxygen saturation through the display screen”)
Regarding claim 19, Ye discloses the finger sensor includes a power source that powers the finger sensor device (description para 84, wherein the prompt implies a battery source).
Regarding claim 20, Ye discloses wherein the relay device calculates the Sp02 via a calibrated algorithm using a double-ratio of the pulsatile and non-pulsatile components of red-light absorption to IR light absorption (description paras 108-113).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ye in view of Moon (2010/0324389 A1).
Regarding claim 5, Ye discloses the system of claim 1, but fails to disclose wherein the sensor included in the finger sensor device is a pulse oximeter.
Moon discloses a system to determine blood oxygen saturation (abstract) (SpO2), comprisinga finger sensor device including a sensor ([0029] "Fig. 1 shows a schematic drawing of a pulse oximeter probe configured as a finger-ring sensor worn around the base of a patient's thumb" and Fig. 1) wherein the sensor included in the finger sensor device is a pulse oximeter (Figure 1: element 1 oximeter probe).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date to substitute the known PPG sensor disclosed by Ye with the known pulse oximeter disclosed by Moon for the predictable result of obtaining a blood saturation measurement.
Regarding claim 6, Ye as modified by Moon further discloses that the pulse oximeter includes multiwavelength light sources (Figure 3 elements 251 and 252 and 253), and photo detectors (Figure 3 element 254 “may also include a plurality of photodetectors 254”).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Ye in view of Kim (KR 20170092374 A).
Regarding claim 9, Ye discloses the system of claim 1 (see above). However, Ye fails to disclose that the finger sensor does not include a display screen.
Kim discloses a wrist-type oxygen saturation measurement system (abstract) that does not include a display screen (Fig 6 where 6a shows the hardware of the wrist device and 6b shows the UI screen of a smartphone and Fig. 2 wherein the wrist device does not include a display module). As Kim, Moon, and Ye disclose similar oximeters using a wrist module sending data to external devices, they are considered analogous art. As such, it would have been obvious to one of ordinary skill in the art to modify the system disclosed by Moon and Ye by removing the display on the watch in order to make the device more easily integrated in everyday life by using a smartphone for continuous monitoring (Kim abstract).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Ye in view of Banet (US 20110257552 A1).
Regarding claim 13, Ye discloses the system of claim 12 (see above). However, Ye fails to disclose that the accelerometer transmits ACC signals to a relay device which determines motion artifacts.
Banet discloses a body-worn accelerometer that includes wherein the accelerometer measures an analog accelerometer (ACC) signal of the patient and sends the ACC signal to the transmitter ([0020]:” wirelessly transmit IP and ACC waveforms to a remote processing system for further analysis”), and wherein the transmitter transmits the ACC signal to the relay device which subsequently utilizes the ACC signal to determine the motion artifacts ([0127]: “waveforms are wirelessly transmitted to the remote server, where they are processed with the algorithm described below to determine and then collectively process their frequency spectra to remove the affects of motion”).
It would have been obvious before the effective filing to a person of ordinary skill in the art to modify the system taught by Ye to include the transmission and processing of Banet to increase computational efficiency and reduce power consumption (Banet [0100]).
Response to Arguments
Applicant's arguments filed 06/04/25 have been fully considered but they are not persuasive. Applicant argues on pages 7-8 that Ye fails to teach “a relay device communicatively connected to the finger sensor device”. However, Ye teaches that the wearable sensor may be implemented in a finger ring device (Ye description para 63) and therefore teaches that a finger sensor device is communicatively connected to a relay.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAVYA SHOBANA BALAJI whose telephone number is (703)756-5368. The examiner can normally be reached Monday - Friday 8:30 - 5:30 ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jaqueline Cheng can be reached at 571-272-5596. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KAVYA SHOBANA BALAJI/Examiner, Art Unit 3791
/DANIEL L CERIONI/Primary Examiner, Art Unit 3791