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 .
Applicant’s arguments filed in the reply on June 2, 2026 were received and fully considered. Claims 1, 9-10, 21, and 25 were amended. Claim 15 was cancelled. Claims 26-27 were added. Please see below for more detail.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Procházka et al (“Microsoft Kinect Visual and Depth Sensors for Breathing and Heart Rate Analysis”) (“Prochazka”) as noted in Applicant IDS dated 3/19/2022 in view of Watanabe (US 2018/0000359) and further in view of Sugawara et al (US 2014/0254902) (“Sugawara”) and further in view of Jacquel et al (US 2017/0238842) (“Jacquel”) as noted in Applicant IDS dated 3/19/2022
Regarding Claim 1, while Prochazka teaches a method of monitoring a patient by a non-contact patient monitoring system over time (Abstract, using a Kinect sensor for non-contact monitoring), the method comprising:
determining a respiratory parameter of the patient using depth information (Abstract, Figs. 1-4, p4-6, 3. Results, determines respiratory rate of the patient using depth information of the thorax);
determining a cardiac parameter of the patient using light information (Abstract, Figs. 1-4, p4-6, 3. Results, determines heart rate of the patient using infrared video data); and
wherein determining the respiratory parameter comprises using a depth camera to extract a depth signal comprising the depth information between the depth camera and the region of interest, and determining the respiratory parameter of the patient from a respiratory modulation in the depth signal (Abstract, Figs. 1-4, p4-6, 3. Results, “Analysis of a selected record of 120 s of image, depth and infrared video frames in stable conditions is presented in Figure 3.” Spectral monitoring of depth signal identifies respiratory modulation), and
wherein determining the cardiac parameter of the patient comprises
acquiring an image stream of the ROI over time,
measuring, from the image stream, values at a first location in the ROI;
measuring, from the image stream, values at a second location in the ROI, different from the first location (Figs. 1-2, p3, 2. Methods, ROI subregions are the different locations);
recognizing the sub-region specific modulations share a nearly equivalent cardiac parameter (Figs. 1-5, p5-6, ROI1, ROI2, ROI3, are sub-regions that show a nearly equivalent heart rate estimate),
Prochazka fails to teach projecting a light feature onto a surface of the patient in a region of interest (ROI);
determining a respiratory parameter of the patient using depth information from the projected light feature;
determining a cardiac parameter of the patient using light intensity information from the projected light feature; and
displaying the respiratory parameter and the cardiac parameter on a display for monitoring of the patient,
wherein determining the respiratory parameter comprises using a depth camera to extract a depth signal comprising the depth information between the depth camera and the projected light feature,
wherein determining the cardiac parameter of the patient comprises
the image stream comprising reflections of the projected light feature;
measuring, from the image stream, a first reflected light intensity from the reflected light feature at a first location in the ROI,
measuring, from the image stream, a second reflected light intensity from the reflected light feature at a second location in the ROI different from the first location, wherein both the first reflected light intensity and the second reflected light intensity comprise an amount or brightness of reflected light independent of color change;
providing a second light intensity signal comprising measurements of the second reflected light intensity over time;
aligning a phase of the first light intensity signal and the second light intensity signal;
identifying a shared modulation in the first and second light intensity signals; and
correlating the shared modulation to a cardiac parameter.
However Watanabe teaches a method of monitoring a patient by a non-contact patient monitoring system over time (Abstract, Fig. 3C, [0158]-[0159], [0165]-[0170]), the method comprising:
projecting a light feature onto a surface of the patient in a region of interest (ROI) ([0159] dot pattern / light feature projected onto the living-body surface of the patient);
determining a respiratory parameter of the patient using depth information from the projected light feature ([0169] “Note that positions of the dots in the captured image barely change in response to lateral-direction motion of the target (chest) and that the positions of the dots change only in response to depth-direction motion of the target and such a change is measured. In methods using an ordinary image, both lateral-direction motion of the target and depth-direction motion of the target are detected as movement on pixels. Since lateral-direction motion is detected more sensitively, measurement accuracy is low. In contrast, in the first embodiment, lateral-direction motion of the target is no longer detected and only depth-direction motion of the target is detected with the use of the dot array light source.”);
determining a cardiac parameter of the patient using light intensity information from the projected light feature ([0161], [0163]-[0164], [0180]-[0182]); and
displaying the respiratory parameter and the cardiac parameter on a display for monitoring of the patient ([0163] processing results of the system displayed),
wherein determining the respiratory parameter comprises extracting a depth signal comprising the depth information between the camera and the projected light feature ([0169]),
wherein determining the cardiac waveform of the patient comprises:
acquiring an image stream of the ROI over time, the image stream comprising reflections of the projected light feature ([0161], [0163]-[0164])
measuring, from the image stream, a first reflected light intensity from the reflected light feature at a first location in the ROI, wherein the first reflected light comprises an amount or brightness of reflected light independent of color change ([0161], [0163], [0164]);
providing a first light intensity signal comprising measurements of the first reflected light intensity over time ([0161], [0163]-[0164], [0180]-[0182]);
identifying a modulation in the first light intensity signals ([0161], [0163]-[0164], [0180]-[0182]);
correlating the modulation to a cardiac parameter ([0164], [0180]-[0182]); and
Watanabe further teaches that evaluating the blood flow related parameters at the face is improved by comparison between sub-regions ([0234], [0240]),
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to further perform light-intensity-based infrared monitoring with a projected light feature as taught by Watanabe as the infrared monitoring of Prochazka as the light feature provides efficient obtaining of biological information ([0066]) and facilitates the capture of respiration-related data ([0169]). Furthermore, it would be obvious that measuring light intensity as taught by Watanabe across divided sub-regions of interest from Prochazka would mean that different light intensity infrared waveforms would be output specific to each sub-region. These can then be used for comparison as noted by Watanabe ([0234], [0240]).
Yet their combined efforts fail to teach
aligning a phase of the first light intensity signal and the second light intensity signal;
identifying a shared modulation in the first and second light intensity signals; and
correlating the shared modulation to a cardiac parameter.
However Sugawara teaches a vital signs detector (Abstract) and teaches non-contact monitoring of pulse data, where phase offsets exist at different regions of the body, but the individuals should exhibit substantially the same waveform and frequency ([0062]) and further teaches that a confirmation of the similarity can be achieved by aligning a phase of the data from different regions ([0062]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to consider that the different sub-regions of Prochazka and Watanabe will exhibit small offsets in phase due to small differences in distance from the heart of each sub-region as taught by Sugawara, and consider that different phase offsets can be tested to synchronize the regions of interest. However applying these steps of synchronization would best optimize the distinction between changes due to emotion paired with certain blood flow changes from changes in pulse that are solely cardiac-based. This would synergize well with Watanabe’s paragraphs [0234] and [0240] would require that the identified modulation be a shared modulation after alignment of the light intensity signals from the different regions.
Yet their combined efforts fail to teach a singular region of interest for obtaining data for both the respiratory parameter and the cardiac parameter as Prochazka teaches a mouth ROI for cardiac data and a chest ROI for breathing data and Watanabe teaches a forehead ROI for cardiac data ([0170]) and a chest ROI for breathing data.
However Jacquel teaches a video-based monitoring of vital signs (Abstract, Fig. 2A, [0051], [0057], [0065]-[0066], [0068], [0070]-[0073], [0078], [0090]) comprising
acquiring an image stream of a ROI over time, the image stream comprising reflections of the subject (Fig. 2A, [0051], [0057], [0065]-[0066], [0070]-[0073], [0078] acquire an image stream of a region of interest over time, considers light intensity changes reflected from a patient);
measuring, from the image stream, a first reflected light intensity from the reflected light at a first location in the ROI ([0068] the head region 314 is recognized as the region of interest, [0051], [0057], [0078] measuring light intensity from light reflected off the subject at a region of interest of the head with a sub-region / first location of a forehead and a sub-region / second location of a cheek),
measuring, from the image stream, a second reflected light intensity from the reflected light at a second location in the ROI different from the first location ([0068] the head region 314 is recognized as the region of interest, [0051], [0057], [0078] measuring light intensity from light reflected off the subject at a region of interest of the head with a sub-region / first location and a sub-region / second location. Examples of combined sub-regions include the forehead and cheek),
wherein both the first reflected light intensity and the second reflected light intensity comprise an amount or brightness of reflected light independent of color change ([0065] where the light intensity signal may specifically be the amount of brightness measured);
providing a second light intensity signal comprising measurements of the second reflected light intensity over time ([0051], [0057], [0065], [0078]); and
notes that the forehead is suitable monitoring region for respiratory data ([0127]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to further perform light-intensity-based non-contact video monitoring of a subject with the region of interest including forehead as one of the sub-divisions as it is a singular region that has been noted as providing suitable data for both the desired breathing parameter and the desired cardiac parameter.
Regarding Claim 2, Prochazka, Watanabe, Sugawara, and Jacquel teach the method of claim 1, wherein correlating the change to the cardiac parameter comprises:
obtaining a pattern in the change in profile of the surface over time (See Claim 1 Rejection¸ Jacquel: [0089]-[0090] the light intensity changes reflect a pattern in the change in profile of the surface over time); and
correlating the pattern to the cardiac parameter (See Claim 1 Rejection).
Regarding Claim 3, Prochazka, Watanabe, Sugawara, and Jacquel teach the method of claim 1, wherein the cardiac parameter is heart rate (See Claim 1 Rejection).
Regarding Claim 4, Prochazka, Watanabe, Sugawara, and Jacquel teach the method of claim 1, wherein projecting the light feature comprises: projecting a IR light feature (See Claim 1 Rejection, a near-infrared light feature of a dot array, where near infrared light is understood to be a subset of infrared light as noted by Applicant in paragraph [0035] of the Specification dated 1/31/2022).
Regarding Claim 5, Prochazka, Watanabe, Sugawara, and Jacquel teach the method of claim 1, wherein projecting the light feature comprises: projecting the light feature on a forehead of the patient (See Claim 1 Rejection).
Regarding Claim 6, Prochazka, Watanabe, Sugawara, and Jacquel teach the method of claim 1, wherein projecting the light feature onto the surface of the patient in the ROI comprises: projecting a plurality of light features onto the surface of the patient in the ROI (See Claim 1 Rejection, the dot pattern).
Regarding Claim 9, Prochazka, Watanabe, Sugawara, and Jacquel teach the method of claim 1, wherein the respiratory parameter comprises a first respiratory parameter based on the depth information (See Claim 1 Rejection) and wherein the method further comprises obtaining a second respiratory parameter based on the light intensity information, wherein Jacquel teaches a method of obtaining a second respiratory parameter comprising:
Combining the first and second light intensity signals into a combined light intensity signal (See Claim 1 Rejection, [0078], [0088] grouped light intensity of different regions may be combined to specifically produce a signal that modulates with respiration rate);
determining a respiratory waveform in the combined light intensity signal ([0078], [0088]);
correlating the respiratory waveform to the second respiratory parameter ([0078], [0088]).
Regarding Claim 10, Prochazka, Watanabe, Sugawara, and Jacquel teach the method of claim 9, wherein correlating the second change to the second respiratory parameter comprises:
obtaining a second pattern in the second change in profile of the surface over time (See Claim 9 Rejection¸ Jacquel: [0089]-[0090] the light intensity changes reflect a pattern in the change in profile of the surface over time); and
correlating the second pattern to the second respiratory parameter (See Claim 9 Rejection).
Regarding Claim 21, while Prochazka teaches a method of monitoring heart rate of a patient through non-contact imaging (Abstract, using a Kinect sensor for non-contact monitoring), comprising:
determining a respiratory rate of the patient using depth information (Abstract, Figs. 1-4, p4-6, 3. Results, determines respiratory rate of the patient using depth information of the thorax);
determining a heart rate of the patient using light information (Abstract, Figs. 1-4, p4-6, 3. Results, determines heart rate of the patient using infrared video data); and
wherein determining the respiratory rate comprises using a depth camera to extract a depth signal comprising the depth information between the depth camera and the region of interest, and determining the respiratory rate of the patient from a respiratory modulation in the depth signal (Abstract, Figs. 1-4, p4-6, 3. Results, “Analysis of a selected record of 120 s of image, depth and infrared video frames in stable conditions is presented in Figure 3.” Spectral monitoring of depth signal identifies respiratory modulation), and
wherein determining the heart rate of the patient comprises
acquiring, by the camera, an image stream of the ROI over time,
measuring, from the image stream, values at a first location in the ROI;
measuring, from the image stream, values at a second location in the ROI, different from the first location (Figs. 1-2, p3, 2. Methods, ROI subregions are the different locations);
recognizing the sub-region specific modulations share a nearly equivalent heart rate (Figs. 1-5, p5-6, ROI1, ROI2, ROI3, are sub-regions that show a nearly equivalent heart rate estimate),
Prochazka fails to teach projecting an infrared light onto a surface of the patient in a region of interest (ROI);
determining a respiratory rate of the patient using depth information from the projected infrared light;
determining a heart rate of the patient using light intensity information from the projected infrared light; and
displaying the respiratory rate and the heart rate on a display for monitoring of the patient,
wherein determining the respiratory rate comprises using a depth camera to extract a depth signal comprising the depth information between the depth camera and the infrared light,
wherein determining the heart rate of the patient comprises
the image stream comprising reflections of the projected infrared light;
measuring, from the image stream, a first reflected light intensity from the reflected infrared light at a first location in the ROI,
measuring, from the image stream, a second reflected light intensity from the reflected infrared light at a second location in the ROI different from the first location, wherein both the first reflected light intensity and the second reflected light intensity comprise an amount or brightness of reflected light independent of color change;
providing a second light intensity signal comprising measurements of the second reflected light intensity over time;
aligning a phase of the first light intensity signal and the second light intensity signal;
identifying a shared modulation in the first and second light intensity signals; and
correlating the shared modulation to a heart rate.
However Watanabe teaches a method of monitoring a patient by a non-contact patient monitoring system over time (Abstract, Fig. 3C, [0158]-[0159], [0165]-[0170]), the method comprising:
projecting a light feature onto a surface of the patient in a region of interest (ROI) ([0159] dot pattern / light feature projected onto the living-body surface of the patient);
determining a respiratory parameter of the patient using depth information from the projected light feature ([0169] “Note that positions of the dots in the captured image barely change in response to lateral-direction motion of the target (chest) and that the positions of the dots change only in response to depth-direction motion of the target and such a change is measured. In methods using an ordinary image, both lateral-direction motion of the target and depth-direction motion of the target are detected as movement on pixels. Since lateral-direction motion is detected more sensitively, measurement accuracy is low. In contrast, in the first embodiment, lateral-direction motion of the target is no longer detected and only depth-direction motion of the target is detected with the use of the dot array light source.”);
determining a cardiac parameter of the patient using light intensity information from the projected light feature ([0161], [0163]-[0164], [0180]-[0182]); and
displaying the respiratory parameter and the cardiac parameter on a display for monitoring of the patient ([0163] processing results of the system displayed),
wherein determining the respiratory parameter comprises extracting a depth signal comprising the depth information between the camera and the projected light feature ([0169]),
wherein determining the cardiac waveform of the patient comprises:
acquiring an image stream of the ROI over time, the image stream comprising reflections of the projected light feature ([0161], [0163]-[0164])
measuring, from the image stream, a first reflected light intensity from the reflected light feature at a first location in the ROI, wherein the first reflected light comprises an amount or brightness of reflected light independent of color change ([0161], [0163], [0164]);
providing a first light intensity signal comprising measurements of the first reflected light intensity over time ([0161], [0163]-[0164], [0180]-[0182]);
identifying peaks in the first light intensity signals ([0161], [0163]-[0164], [0180]-[0182]);
deriving the heart rate of the patient from a timing of the peaks ([0164], [0180]-[0182]); and
Watanabe further teaches that evaluating the blood flow related parameters at the face is improved by comparison between sub-regions ([0234], [0240]),
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to further perform light-intensity-based infrared monitoring with a projected light feature as taught by Watanabe as the infrared monitoring of Prochazka as the light feature provides efficient obtaining of biological information ([0066]) and facilitates the capture of respiration-related data ([0169]). Furthermore, it would be obvious that measuring light intensity as taught by Watanabe across divided sub-regions of interest from Prochazka would mean that different light intensity infrared waveforms would be output specific to each sub-region. These can then be used for comparison as noted by Watanabe ([0234], [0240]).
Yet their combined efforts fail to teach
aligning a phase of the plurality of individual light intensity signal;
producing a combined light intensity signal by combining the aligned plurality of individual light intensity signals;
identifying peaks in the combined light intensity signal; and
deriving the heart rate of the patient from a timing of the peaks.
However Sugawara teaches a vital signs detector (Abstract) and teaches non-contact monitoring of pulse data, where phase offsets exist at different regions of the body, but the individuals should exhibit substantially the same waveform and frequency ([0062]) and further teaches that a confirmation of the similarity can be achieved by aligning a phase of the data from different regions ([0062]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to consider that the different sub-regions of Prochazka and Watanabe will exhibit small offsets in phase due to small differences in distance from the heart of each sub-region as taught by Sugawara, and consider that different phase offsets can be tested to synchronize the regions of interest. However applying these steps of synchronization would best optimize the distinction between changes due to emotion paired with certain blood flow changes from changes in pulse that are solely cardiac-based. This would synergize well with Watanabe’s paragraphs [0234] and [0240] would require that the identified modulation be a shared modulation after alignment of the light intensity signals from the different regions.
Yet their combined efforts fail to teach a singular region of interest for obtaining data for both the respiratory parameter and the cardiac parameter as Prochazka teaches a mouth ROI for cardiac data and a chest ROI for breathing data and Watanabe teaches a forehead ROI for cardiac data ([0170]) and a chest ROI for breathing data; and
producing a combined light intensity signal by combining the aligned plurality of individual light intensity signals.
However Jacquel teaches a video-based monitoring of vital signs (Abstract, Fig. 2A, [0051], [0057], [0065]-[0066], [0068], [0070]-[0073], [0078], [0090]) comprising
acquiring an image stream of a ROI over time, the image stream comprising reflections of the subject (Fig. 2A, [0051], [0057], [0065]-[0066], [0070]-[0073], [0078] acquire an image stream of a region of interest over time, considers light intensity changes reflected from a patient);
measuring, from the image stream, a first reflected light intensity from the reflected light at a first location in the ROI ([0068] the head region 314 is recognized as the region of interest, [0051], [0057], [0078] measuring light intensity from light reflected off the subject at a region of interest of the head with a sub-region / first location of a forehead and a sub-region / second location of a cheek),
measuring, from the image stream, a second reflected light intensity from the reflected light at a second location in the ROI different from the first location ([0068] the head region 314 is recognized as the region of interest, [0051], [0057], [0078] measuring light intensity from light reflected off the subject at a region of interest of the head with a sub-region / first location and a sub-region / second location. Examples of combined sub-regions include the forehead and cheek),
wherein both the first reflected light intensity and the second reflected light intensity comprise an amount or brightness of reflected light independent of color change ([0065] where the light intensity signal may specifically be the amount of brightness measured);
providing a second light intensity signal comprising measurements of the second reflected light intensity over time ([0051], [0057], [0065], [0078]); and
producing a combined light intensity signal by combining the aligned plurality of individual light intensity signals ([0078], [0088] grouped light intensity of different regions may be combined to specifically produce a signal that modulates with respiration rate);
determining a respiratory waveform in the combined light intensity signal ([0078], [0088]);
correlating the respiratory waveform to the second respiratory parameter ([0078], [0088]);
notes that the forehead is suitable monitoring region for respiratory data ([0127]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to further perform light-intensity-based non-contact video monitoring of a subject with the region of interest including forehead as one of the sub-divisions as it is a singular region that has been noted as providing suitable data for both the desired breathing parameter and the desired cardiac parameter.
Regarding Claim 22, Prochazka, Watanabe, Sugawara, and Jacquel teach the method of claim 21, wherein the projected infrared light comprises a pattern of projected infrared light (See Claim 21 Rejection, a pattern of projected near-infrared light in the form of a dot array, where near infrared light is understood to be a subset of infrared light as noted by Applicant in paragraph [0035] of the Specification dated 1/31/2022).
Regarding Claim 23, Prochazka, Watanabe, Sugawara, and Jacquel teach the method of claim 22, wherein the pattern comprises a grid (See Claim 22 Rejection) and Jacquel further teaches wherein each individual light intensity signal of the plurality of individual light intensity signals comprises a sum of light intensities within a box of the grid ([0072]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to further perform light-intensity-based non-contact video monitoring of a subject taught by Watanabe and have the light intensity signal representing multiple pixels be a summation as taught by Jacquel instead of an average as a simple substitution of one form of isolating modulations in the light data for another to obtain predictable results of identified vital parameters.
Regarding Claim 24, Prochazka, Watanabe, Sugawara, and Jacquel teach the method of claim 23, and Watanabe further teaches wherein the combined light intensity signal comprises a combination of light intensities of multiple boxes of the grid (See Claim 23 Rejection, and [0068] the head region 314 is recognized as the region of interest, [0051], [0057], [0078] measuring light intensity from light reflected off the subject at a region of interest of the head with a sub-region / first location and a sub-region / second location. Non-contiguous regions are different “boxes”).
Regarding Claim 25, Prochazka, Watanabe, Sugawara, and Jacquel teach the method of claim 21, wherein the respiratory parameter comprises a first respiratory parameter based on the depth information (See Claim 1 Rejection) and wherein the method further comprises obtaining a second respiratory parameter based on the light intensity information, wherein Jacquel teaches a method of obtaining a second respiratory parameter comprising:
identifying a respiratory waveform in the combined light intensity signal;
deriving the second respiration rate from the respiratory waveform (See Claim 21 Rejection¸ Jacquel [0074]).
Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Prochazka in view of Watanabe and further in view of Sugawara and further in view of Jacquel and further in view of Watanabe (US 2018/0153422) (“Watanabe 2”).
Regarding Claim 7, Prochazka, Watanabe, Sugawara, and Jacquel teach the method of claim 1, wherein determining the cardiac parameter using reflected light intensity information comprises: measuring the first reflected light intensity and the second reflected light intensity from the light feature with a camera (See Claim 1 Rejection), teaches other embodiments measuring in stereo with cameras ([0259]), their combined efforts fail to teach measuring multiple reflected light intensities in stereo with a first camera and a second camera.
However Watanabe 2 teaches a non-contact vital signs monitor (Abstract, [0049]-[0052], [0057]) where a first and second light intensity of a region is measured ([0049]), where the multiple reflected light intensities are measured in stereo with a first camera and a second camera (Fig. 1A, [0057]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to perform light-intensity-based non-contact video monitoring of a subject as taught by Watanabe by measuring the first and second intensity with a first and second camera in stereo as taught by Watanabe 2 as a stereo camera measuring of different light intensities can be configured to compensate for drawbacks in near-infrared light sensing ([0057]), a relevant concern of the near-infrared light measurements of Watanabe.
Regarding Claim 8, Prochazka, Watanabe, Sugawara, Jacquel, and Watanabe 2 teach the method of claim 7, wherein measuring with the first camera and the second camera comprises:
comparing the first reflected light intensity measured by the first camera and the second camera to the second reflected light intensity measured by the first camera and the second camera (See Claim 7 Rejection, comparison to provide reference data for near infrared light sensing).
Claim(s) 26-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Prochazka in view of Watanabe and further in view of Sugawara and further in view of Jacquel and further in view of Muehlsteff et al (US 2014/0275832) (“Muehlsteff”).
Regarding Claim 26, Prochazka, Watanabe, Sugawara, and Jacquel teach the method of claim 25, their combined efforts fail to teach the method further comprising combining the first respiratory rate and the second respiratory rate to produce a combined respiratory rate, and wherein displaying the respiratory rate comprises displaying the combined respiratory rate.
However Muehlsteff teaches a vital signs monitor with a camera (Abstract, [0105]) where two differently determined respiration rates may be combined, based on their individual quality ([0106], [0109]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to utilize the two modalities to identify respiration rate as taught by Prochazka, Watanabe, Sugawara, and Jacquel and combine them in view of their quality as taught by Muehlsteff as a way to provide the most accurate respiration rate under the current monitoring conditions. Correspondingly, with this optimal respiration rate, one would want to display this value to inform the caregiver and/or patient.
Regarding Claim 27, Prochazka, Watanabe, Sugawara, and Jacquel teach the method of claim 9, their combined efforts fail to teach the method further comprising combining the first respiratory parameter and the second respiratory parameter to produce a combined respiratory parameter, and wherein displaying the respiratory parameter comprises displaying the combined respiratory parameter.
However Muehlsteff teaches a vital signs monitor with a camera (Abstract, [0105]) where two differently determined respiration rates may be combined, based on their individual quality ([0106], [0109]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to utilize the two modalities to identify respiration rate as taught by Prochazka, Watanabe, Sugawara, and Jacquel and combine them in view of their quality as taught by Muehlsteff as a way to provide the most accurate respiration rate under the current monitoring conditions. Correspondingly, with this optimal respiration rate, one would want to display this value to inform the caregiver and/or patient.
Response to Arguments
Applicant’s amendments and arguments filed 6/02/2026 with respect to the 35 USC 101 rejections have been fully considered, and are persuasive. The claims as a whole amount to significantly more than the judicial exception as the combination of elements are more than what is well-understood, routine, conventional activity in the field. Specifically, the combination of utilizing the same region of interest for both heart rate and breathing rate, along with a projected light feature that provides clearer characteristics of depth change, and utilizing multiple sub-regions for cardiac parameter monitoring, with the sub-regions phase aligned before final determination of the cardiac parameter, is not simply appended well-understood, routine, conventional activities previously known to the industry. These additional elements increase utility of the system and enable more accurate results. Thus, they are no longer considered insignificant and the rejection is withdrawn.
Applicant’s amendments and arguments filed 6/02/2026 with respect to the 35 USC 103 rejections 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 Prochazka, Watanabe, Sugawara, and Jacquel for Claim 1 and 21. The rejection stands.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAIRO H PORTILLO whose telephone number is (571)272-1073. The examiner can normally be reached M-F 9:00 am - 5:15 pm.
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/JAIRO H. PORTILLO/
Examiner
Art Unit 3791
/PUYA AGAHI/Primary Examiner, Art Unit 3791
Prosecution Insights