DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s arguments, see page 6, filed 11/03/2025, with respect to the objection to Claim 5 have been fully considered and are persuasive. The objection to Claim 5 has been withdrawn.
Applicant's arguments filed 11/03/2025 have been fully considered but they are not persuasive.
Regarding the rejection of Claim 1 under 35 U.S.C. § 103, the applicant has argued “the above passage [0028] of Presura does not disclose or suggest setting any reference physiological sensor data after the match is determined.” (page 7). However, [0028] of Presura discloses determining a predicted heart rate after the match is determined, which under broadest reasonable interpretation is also a reference heart rate since it is the most accurate baseline for any expected future heart rates. In addition, for compact prosecution, Pham et al has been relied upon in the below rejection to teach the claim limitation “setting a reference physiologic sensor data to which a future physiologic sensor data is to be compared”.
The applicant has also argued “Notably, as disclosed in paragraph 51 of Urup, the determination of whether the fitting parameter is above a threshold or not involves using only the "fitting parameter", not the physiological information. Accordingly, to the extent that the physiological information of Urup is analogized as the claimed physiologic sensor data, Applicant notes that step 76 discloses providing a signal if a fitting parameter (i.e., not the physiological information) is not above a threshold. In addition, step 76 discloses providing a signal if a fitting parameter is not above a "threshold". Comparing a fitting parameter with a threshold to generate a signal is not the same as comparing two physiologic sensor data to generate the signal. Accordingly, even if it is the "fitting parameter" (not the "physiological information") of Urup that is analogized as the claimed physiologic sensor data, the above features still cannot be met by Urup” (page 8). However, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3, 6, 13-14, 17-18, and 26-27 are rejected under 35 U.S.C. 103 as being unpatentable over Presura et al (US 20170071489 A1, cited in applicant’s IDS, hereinafter Presura) in view of Urup et al (US 20150181325 A1, hereinafter Urup) and Pham et al (US 20160256058 A1, hereinafter Pham).
Regarding Claim 1, Presura discloses a method (“The invention also relates to a method of monitoring a heart rate of a user”, [0016]) for a first physiologic sensor (Element 110, Fig. 1) of a hearing device with respect to an ear of a user (“The heart rate monitor system may also be part of a hearing aid worn by the user”, [0049]), the first physiologic sensor configured to monitor a heart rate of the user of the hearing device (“The heart rate monitor system 100 comprises at least one primary sensor 110 for measuring a heart rate of a user”, [0025]), the method comprising:
obtaining first physiologic sensor data from the first physiologic sensor at the hearing device (“The processing unit 131 receives the output signal HR from the optical sensor 110 and determines a pulse rate or a heart rate of the user based on the output signal of the primary sensor 110”, [0027]);
obtaining second physiologic sensor data from a second physiologic sensor (Element 120, Fig. 1) at an external device (“”A secondary sensor is used to measure or determine physiological factors that are influencing the heart rate of a user, [0017]; “some of the secondary sensors 120 may be part of an external device like a smartphone”, [0048]), the second physiologic sensor configured to detect the heart rate of the user (“The at least one secondary sensor 120 outputs a signal 126 indicating the physical activity of the user to the model unit 132. Based on the physical activity or the activity level of a user, a heart rate HRM is estimated or predicted by the model unit 132”, [0028]);
performing a comparison based on the first physiologic sensor data from the first physiologic sensor, and the second physiologic sensor data from the second physiologic sensor (“Based on the physical activity or the activity level of a user, a heart rate HRM is estimated or predicted by the model unit 132. The estimated heart rate HRM is forwarded to the processing unit 131 which compares the estimated heart rate HRM with the output signal HR from the primary sensor 110”, [0028]); and
setting a reference physiologic sensor data, wherein the reference physiologic sensor data is set based on the first physiologic sensor data and/or the second physiologic sensor data if the comparison results in a match (“If the output signal from the primary sensor 110 may comprise several candidates for a possible heart rate (for example due to artifacts in the output signal), the processing unit 131 compares the possible candidates for the heart rate with the estimated or predicted heart rate HRM and selects that heart rate that corresponds best to the predicted or estimated heart rate”, [0028]).
Presura discloses the claimed invention except for expressly disclosing a method for monitoring placement of a first physiologic sensor of a hearing device with respect to an ear of a user, the first physiologic sensor configured to monitor a heart rate of the user of the hearing device, the method comprising:
setting a reference physiologic sensor data to which a future physiologic sensor data is to be compared, and
providing a notification if the comparison does not result in a match.
However, Urup, which is also directed towards a first physiologic sensor of a hearing device configured to monitor a heart rate of the user of the hearing device (“The physiological data may be any data measured from the sensor, and the processor may be configured to process the physiological data to provide physiological information, such as heart rate”, [0014]), teaches a method for monitoring placement of a first physiologic sensor of a hearing device with respect to an ear of a user (“A headphone system comprising a physiological sensor and a method of fitting a headphone system comprising a physiological sensor to a user is provided”, Abstract), the first physiologic sensor configured to monitor a heart rate of the user of the hearing device (“The physiological data may be any data measured from the sensor, and the processor may be configured to process the physiological data to provide physiological information, such as heart rate”, [0014]), the method comprising: providing a notification if a fitting parameter is not above a threshold (Step 76, Fig. 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the method for monitoring placement of a first physiologic sensor of a hearing device with respect to an ear of a user of Urup to the method of Presura (wherein the fitting parameter of Urup is determining if the comparison does not result in a match taught by Presura), because this would improve the data quality of data acquired from the sensors in the earpiece, the need for which is taught by Presura ([0005]).
Pham teaches setting a reference physiologic sensor data (Step 440, Figs. 4 and 6; “Inputs 430 and 440 may be represented by default values or values that were previously calibrated for the user using various techniques described herein”, [0054] ) to which a future physiologic sensor data (“ At block 410, the user's current heart rate (HR) may be sensed”, [0053]) is to be compared (“At block 420, the user's current Fraction of Heart Rate Reserve (FHR) may be determined. In some embodiments, the user's current FHR may be determined according to Eq. 1, which is a function of heart rate (HR), parameterized by HRmax and RHR.”, [0054]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the steps of to the method of Presura, for the advantage of calculating energy expenditures based on the reference sensor data (“estimating the energy expenditure further comprises calculating a fraction of heart rate reserve”, [0018]) as taught by Pham (Abstract, [0003]).
Regarding Claim 2, modified Presura discloses the method according to claim 1. Modified Presura discloses the claimed invention except for expressly disclosing wherein the notification indicates that a position of the first physiologic sensor needs adjustment. However, Urup teaches wherein the notification indicates that a position of the first physiologic sensor needs adjustment (“The first and/or further notifications may include a suggestion to re-arrange the headphone comprising the physiological sensor”, [0026]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the method of Presura, wherein the notification indicates that a position of the first physiologic sensor needs adjustment as taught by Urup, because this would improve the data quality of data acquired from the sensors in the earpiece, the need for which is taught by Presura ([0005]).
Regarding Claim 3, modified Presura discloses the method according to claim 1. Modified Presura discloses the claimed invention except for expressly disclosing the method further comprising, after the notification is provided:
receiving further first physiologic sensor data from the first physiologic sensor;
performing a comparison based on the further first physiologic sensor data from the first physiologic sensor, and the second physiologic sensor data from the second physiologic sensor.
However, Urup teaches, after the notification is provided:
a re-evaluation of the fitting parameter by receiving further sensor data (See step 73, Fig. 7, which recursively happens after step 76, Fig. 7; “The fitting test mode may comprise a re-evaluation of the fitting parameter and the issuing of a further notification. The first and/or further notifications may include a suggestion to re-arrange the headphone comprising the physiological sensor”, [0026]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the method of Presura by re-evaluating the fit of the device after the notification is provided by using further first physiologic sensor data (i.e. receiving further first physiologic sensor data from the first physiologic sensor and performing a comparison based on the further first physiologic sensor data from the first physiologic sensor, and the second physiologic sensor data from the second physiologic sensor, as was already taught by modified Presura), because more than one adjustment may be needed for the data quality to be sufficient.
Regarding Claim 6, modified Presura discloses the method according to claim 1. Modified Presura discloses the claimed invention except for expressly disclosing the method further comprising determining a resting heart rate value of the user based on the reference physiologic sensor data. However, Pham, which also discloses a first physiologic sensor of a hearing device (“In some embodiments, the user's heart rate may be sensed using the heart rate sensing module 210 of the fitness tracking device 100”, [0053]), teaches determining a resting heart rate value of the user (“Inputs 430 and 440 may be represented by default values or values that were previously calibrated for the user using various techniques described herein. In some embodiments, one or more of inputs 430 and 440 may be measured, calibrated, or otherwise determined during the execution of calorimetry method 400”, [0054]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the method of Presura to comprise determining a resting heart rate value of the user based on the reference physiologic sensor data as taught by Pham (based on the reference physiologic sensor data of modified Presura for the advantage of calculating energy expenditures based on the reference sensor data (“estimating the energy expenditure further comprises calculating a fraction of heart rate reserve”, [0018]) as taught by Pham (Abstract, [0003]).
Regarding Claim 13, modified Presura discloses the method according to claim 1, wherein the method is performed by the external device (“The model unit 132 and/or the processing unit 131 can be embodied in …a computer 130.”, [0029]; the Examiner notes Urup also teaches this claim in [0018] and [0032]).
Regarding Claim 14, modified Presura discloses the method according to claim 1, wherein the external device is a smartphone, and wherein the second physiologic sensor is at the smartphone (“For example, some of the secondary sensors 120 may be part of an external device like a smartphone etc”, [0048]).
Regarding Claim 17, modified Presura discloses the method according to claim 1, wherein the method is performed by an electronic device (“The model unit 132 and/or the processing unit 131 can be embodied in …a computer 130.”, [0029]).
Regarding Claim 18, modified Presura discloses a non-transitory processor-readable medium (“A computer program may be stored and/or distributed on a suitable medium, such as an optical storage medium or a solid-state medium”, [0054]) storing a set of instructions, an execution of which will cause the method of claim 1 to be performed (“The invention also relates to a computer program for monitoring a heart rate of a user in a heart rate monitor system. The computer program comprises program code means for causing the heart rate monitor system to carry out steps of monitoring a heart rate of a user when the computer program is run on a computer controlling the heart rate monitor system”, [0018]).
Regarding Claim 26, modified Presura discloses the method according to claim 1, wherein the reference physiologic sensor data is set as a resting hearting rate based on the first physiologic sensor data and/or the second physiologic sensor data if the comparison results in the match. Modified Presura discloses the claimed invention except for expressly disclosing wherein the heart rate is a resting heart rate. However, Pham teaches the advantages of determining a resting heart rate (“An individual's health or fitness can be assessed from the perspective of energy expenditure over time”, [0003]; “estimating the energy expenditure further comprises calculating a fraction of heart rate reserve (FHR), wherein FHR=(HRmax−HR)/( HRmax –[resting heart rate])”, [0018]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the method of Presura such that the reference physiologic sensor data is set as a resting hearting rate based on the first physiologic sensor data and/or the second physiologic sensor data if the comparison results in the match, because of the advantages taught by Pham.
Regarding Claim 27, modified Park discloses the method according to claim 1. Modified Park discloses the claimed invention except for expressly disclosing wherein the reference physiologic sensor data corresponds with a resting heart rate. However, Pham teaches the advantages of determining a resting heart rate (“An individual's health or fitness can be assessed from the perspective of energy expenditure over time”, [0003]; “estimating the energy expenditure further comprises calculating a fraction of heart rate reserve (FHR), wherein FHR=(HRmax−HR)/( HRmax –[resting heart rate])”, [0018]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the method of Presura such that wherein the reference physiologic sensor data corresponds with a resting heart rate, because of the advantages taught by Pham.
Claims 4-5 and 7-11 are rejected under 35 U.S.C. 103 as being unpatentable over Presura in view of Urup and Pham, and further in view of Hu et al (US 20100274109 A1, hereinafter Hu).
Regarding Claim 4, modified Presura discloses the method according to claim 1. Modified Presura discloses the claimed invention except for expressly disclosing wherein the first physiologic sensor is a photoplethysmographic (PPG) sensor. However, Hu, which is also directed towards a first physiologic sensor of a hearing device (See Fig. 2), teaches wherein the first physiologic sensor is a photoplethysmographic (PPG) sensor (“The measurement module for PPG signal is set on one side of the earpiece”, [0013]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the method of Presura to make the first physiologic sensor a photoplethysmographic (PPG) sensor, as taught by Hu, because all of the claimed elements were known in the prior art before the effective filing date of the claimed invention, and one with ordinary skill in the art could have combined all the claimed elements by known methods, and the result would have been obvious to one of ordinary skill in the art.
Regarding Claim 5, modified Presura discloses the method according to claim 4. Modified Presura discloses the claimed invention except for expressly disclosing wherein the PPG sensor at the hearing device comprises a light emitter and a light detector, and wherein the hearing device comprises a main body having a first window configured to allow passage of light emitted by the light emitter towards a skin of the ear, and a second window configured to allow passage of a reflected light from the skin of the ear towards the light detector. However, Hu teaches wherein the PPG sensor at the hearing device (Element 20, Fig. 2) comprises a light emitter (Element 22, Fig. 2) and a light detector (Element 24, Fig. 2), and wherein the hearing device comprises a main body having a first window configured to allow passage of light emitted by the light emitter towards a skin of the ear, and a second window configured to allow passage of a reflected light from the skin of the ear towards the light detector (“the measurement module for PPG signal 20 according to the present invention includes a light source 22 and a photodetector 24. The light source 22 is set on one side of the earpiece 10. The light source 22 illuminates the skin of the ear 70 and produces reflection light. The photodetector 24 is set on the earpiece 10 and is located on the same side of the light source 22. The photodetector 24 receives the reflection light, produces the first physiological signal according to the reflection light”, [0024]; for the light source 22 to illuminate the skin, and for the photodetector to receive the reflection light, there must exist a first window configured to allow passage of light emitted by the light emitter towards a skin of the ear and a second window configured to allow passage of a reflected light from the skin of the ear towards the light detector). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the method of Presura with the PPG sensor structure of Hu, because all of the claimed elements were known in the prior art before the effective filing date of the claimed invention, and one with ordinary skill in the art could have combined all the claimed elements by known methods, and the result would have been obvious to one of ordinary skill in the art.
Regarding Claim 7, modified Presura discloses the method according to claim 1. Modified Presura discloses the claimed invention except for expressly disclosing further comprising detecting first heart rate variability (HRV) data based on the first physiologic sensor data. However, Hu, which is also directed towards a first physiologic sensor of a hearing device (See Fig. 2), teaches detecting first heart rate variability (HRV) data based on the first physiologic sensor data (“The present invention relates to a measurement apparatus for heart rate variability, which comprises an earpiece, a measurement module for photoplethysmographic (PPG) signal measuring an ear and producing a first physiological signal of a person under test”, Abstract; “When the earpiece 10 plays music for the person under test, the light source 22 and the photodetector 24 in the earpiece 10 are used for measuring the HRV of the person under test”, [0025]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the detection of heart rate variability (HRV) data to the method of Presura, because it provides useful information for a variety of diagnostic applications, as taught by Hu ([0006]-[0008]).
Regarding Claim 8, modified Presura discloses the method according to claim 7, further comprising detecting second heart rate data based on the second physiologic sensor data (“The at least one secondary sensor 120 outputs a signal 126 indicating the physical activity of the user to the model unit 132. Based on the physical activity or the activity level of a user, a heart rate HRM is estimated or predicted by the model unit 132”, [0028]). Modified Presura discloses the claimed invention except for expressly disclosing detecting second heart rate variability (HRV) data based on the second physiologic sensor data. However, Hu teaches the advantage to detecting heart rate variability (HRV) ([0002]-[0008]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to also add detecting second heart rate variability (HRV) data based on the second physiologic sensor data in addition to the second heart rate data to the method of modified Presura, because detecting HRV data has multiple diagnostic applications, as taught by Hu ([0002]-[0008]).
Regarding Claim 9, modified Presura discloses the method according to claim 8, wherein the performing the comparison comprises comparing the first heart rate data and the second heart rate data (“Based on the physical activity or the activity level of a user, a heart rate HRM is estimated or predicted by the model unit 132. The estimated heart rate HRM is forwarded to the processing unit 131 which compares the estimated heart rate HRM with the output signal HR from the primary sensor 110”, [0028]). Modified Presura discloses the claimed invention except for expressly disclosing wherein the performing the comparison comprises comparing the first heart rate variability (HRV) data and the second heart rate variability (HRV) data. However, Hu teaches the advantage to detecting heart rate variability (HRV) ([0002]-[0008]), and further that this HRV data can be acquired by a first physiologic sensor of a hearing device (“When the earpiece 10 plays music for the person under test, the light source 22 and the photodetector 24 in the earpiece 10 are used for measuring the HRV of the person under test”, [0025]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the method of Presura wherein the performing the comparison comprises comparing the first heart rate variability (HRV) data and the second heart rate variability (HRV) data, because improved HRV data has multiple diagnostic applications, as taught by Hu ([0002]-[0008]).
Regarding Claim 10, modified Presura discloses the method according to claim 9, wherein the reference physiologic sensor data is set based on the first physiologic sensor data and/or the second physiologic sensor data if the first heart rate data matches the second heart rate data (“If the output signal from the primary sensor 110 may comprise several candidates for a possible heart rate (for example due to artifacts in the output signal), the processing unit 131 compares the possible candidates for the heart rate with the estimated or predicted heart rate HRM and selects that heart rate that corresponds best to the predicted or estimated heart rate.”, [0028]). Modified Presura discloses the claimed invention except for expressly disclosing wherein the reference physiologic sensor data is set based on the first physiologic sensor data and/or the second physiologic sensor data if the first HRV data matches the second HRV data. However, Hu teaches the advantage to detecting heart rate variability (HRV) ([0002]-[0008]), and further that this HRV data can be acquired by a first physiologic sensor of a hearing device (“When the earpiece 10 plays music for the person under test, the light source 22 and the photodetector 24 in the earpiece 10 are used for measuring the HRV of the person under test”, [0025]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the method of Presura wherein the reference physiologic sensor data is set based on the first physiologic sensor data and/or the second physiologic sensor data if the first HRV data matches the second HRV data, because improved HRV data has multiple diagnostic applications, as taught by Hu ([0002]-[0008]).
Regarding Claim 11, modified Presura discloses the method according to claim 9, wherein the notification is provided if the first heart rate data does not match the second heart rate data (See the modification of parent Claim 1 by Urup above, where this limitation was anticipated). Modified Presura discloses the claimed invention except for expressly disclosing wherein the notification is provided if the first HRV data does not match the second HRV data. However, Hu teaches the advantage to detecting heart rate variability (HRV) ([0002]-[0008]), and further that this HRV data can be acquired by a first physiologic sensor of a hearing device (“When the earpiece 10 plays music for the person under test, the light source 22 and the photodetector 24 in the earpiece 10 are used for measuring the HRV of the person under test”, [0025]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the method of Presura wherein the notification is provided if the first HRV data does not match the second HRV data, because this would improve the data quality of data acquired from the sensors in the earpiece, and improved HRV data has multiple diagnostic applications, as taught by Hu ([0002]-[0008]).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Presura in view of Urup and Pham, and further in view of Dusan (US 20170230754 A1, hereinafter Dusan).
Regarding Claim 12, modified Presura discloses the method according to claim 1. Modified Presura discloses the claimed invention except for expressly disclosing wherein the hearing device comprises a gyroscope sensor, and wherein the method comprises obtaining a three-dimensional (3D) position of the gyroscope sensor, and setting the 3D position as a reference 3D position of the gyroscope sensor when the reference physiologic sensor data is set. However, Dusan, which also discloses a hearing device (See Fig. 15B) teaches wherein the hearing device comprises a gyroscope sensor (Element 1520, Fig. 15B; “The wearable audio device 1510 includes one or more sensors 1520 for determining an installation position of the wearable audio device. Example sensors include accelerometers, gyroscopes, magnetometers, and the like”, [0083]), and wherein the method comprises obtaining a three-dimensional (3D) position of the gyroscope sensor (Step 2910, Fig. 29; “gyroscope data may be used in determining the installation position of the wearable audio device”, [0141]), and setting the 3D position as a reference 3D position of the gyroscope sensor when the reference physiologic sensor data is set (“In various embodiments, gyroscope data may be analyzed instead of or in addition to acceleration data to determine if movement of the wearable audio device is consistent with expected biological movements, and the installation position may be determined in response to determining that the movement of the wearable audio device is consistent with expected biological movements”, [0142])). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the method of Presura with the gyroscope structure and function of Dusan, because this is an additional way to monitoring placement of a hearing device (and therefore, monitoring placement of a first physiologic sensor of a hearing device).
Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Presura in view of Urup and Pham, and further in view of the Non-Patent Literature (NPL) to Krivoshei et al (“Smart detection of atrial fibrillation”, cited in applicant’s IDS, hereinafter Krivoshei).
Regarding Claim 15, modified Presura discloses the method according to claim 14. Modified Presura discloses the claimed invention except for expressly disclosing wherein the method is performed by the smartphone. However, Krivoshei teaches wherein the method is performed by the smartphone (“Based on the hardware available at present, we developed an App that simultaneously processes multiple physiological parameters using a novel pulse wave analysis and nonlinear methods for signal analysis”, Introduction). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the method of Presura to be performed on a smartphone, because all of the claimed elements were known in the prior art before the effective filing date of the claimed invention, and one with ordinary skill in the art could have combined all the claimed elements by known methods, and the result would have been obvious to one of ordinary skill in the art.
Regarding Claim 16, modified Presura discloses the method according to claim 14. Modified Presura discloses the claimed invention except for expressly disclosing wherein the smartphone comprises a camera lens and an LED light source, and wherein the second physiologic sensor is configured to detect a pulse in a fingertip of the user when the user places the fingertip on the camera lens and the LED light source. However, Krivoshei teaches wherein the smartphone comprises a camera lens and an LED light source, and wherein the second physiologic sensor is configured to detect a pulse in a fingertip of the user (“The pulse wave signal was derived from the green light spectrum channel of the recorded video signal”, Methods—Signal Acquisition) when the user places the fingertip on the camera lens and the LED light source (“For signal acquisition, we used an iPhone 4S (Apple, Inc., Cupertino, CA, USA). The device was positioned on the index fingertip with the camera lens and LED light placed on the finger. A 5 min video file was recorded…”, Methods—Signal Acquisition).It would have been obvious to further modify the method of Presura with the second physiologic sensor structure of Krivoshei, because this is a simple, inexpesive, accessible, and reproducible non-invasive screening method to detect anamolies with pulse waves of the heart, as suggested by Krivoshei (“We therefore pursued to develop a simple, inexpensive, accessible, and reproducible non-invasive screening method to detect AF”, Discussion).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
See Dohmen et al (US 10104486 B2).
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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/JONATHAN E. COOPER/ Examiner, Art Unit 3791
/JACQUELINE CHENG/ Supervisory Patent Examiner, Art Unit 3791