DETAILED ACTION
This action is pursuant to claims filed on 12/19/2025. Claims 3-10, 12, and 14-23 are pending. An action on the merits of claims 3-10, 12, and 14-23 is as follows.
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/30/2026 has been entered.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 3, 5-8, 14-21, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Connor (US 20200000345) in view of Al-Ali (US 12114974) and Lee (US 20200146569).
Regarding independent claim 3, Connor teaches a ring system (Abstract: “This invention is a wearable ring of optical biometric sensors comprising an arcuate array of light emitters and light receivers which is configured to collectively span at least half of the circumference of a person's wrist, finger, or arm.”), comprising
sensors for performing both transmissive and reflective photoplethysmographic sensing of a user’s finger on which the ring system is worn ([0032]: “changes in the intensity and/or spectrum of light energy caused by transmission of the light energy through a person's body tissue and/or reflection of the light energy from the person's body tissue can be analyzed in order to measure the person's pulse rate … “a wearable ring of biometric sensors can function as a PPG (photoplethysmography) sensor.”; [0030]: “a wearable ring of biometric sensors can comprise an array of one or more light emitters and one or more light receivers which are configured to be worn around a person's wrist, finger, or arm. Light energy from a light emitter can be received by a light receiver after the light has been transmitted through or reflected from body tissue. In an example, changes in the spectrum and/or intensity of the light energy caused by transmission of the light energy through body tissue and/or reflection of the light energy from the body tissue can be analyzed in order to measure one or more biometric parameters concerning the person.”; [0086]: “a ring of biometric sensors can collect data on light energy which has been reflected by or transmitted through skin, blood, blood vessels, intercellular fluid, and/or muscles. In an example, the spectrum and/or intensity of this light energy can be changed by its reflection by or transmission through skin, blood, blood vessels, intercellular fluid, and/or muscles. In an example, these changes can be used to measure one or more biometric parameters selected from the group consisting of: oxygen saturation, arterial blood oxygenation, arterial oxygen saturation, blood oxygen saturation, oxygen saturation, oxygenation, tissue blood oxygenation, tissue oxygenation, blood oxihemoglobin, deoxyhemoglobin, oxyhemoglobin, blood carboxyhemoglobin, and carboxyhemoglobin. In an example, a ring of biometric sensors can collect data which is used to measure methemoglobin or hemoglobin.”; [0122]: “FIGS. 9 and 10 show two sequential views of an example of a wearable ring of biometric sensors comprising: a wearable ring 901 which is configured to be worn on a person's wrist, finger, or arm; an array of light emitters (including light emitter 902) and light receivers (including light receiver 903) which are configured to be worn around the person's wrist, finger, or arm; wherein the array of light emitters and light receivers is configured to collectively span at least half of the circumference of the person's wrist, finger, or arm; and wherein light energy from the light emitters which has passed through the person's body tissue and/or been reflected from the person's body tissue and has been received by the light receivers is analyzed in order to measure one or more biometric parameters selected from the group consisting of the person's oxygenation level, hydration level, glucose level, pulse rate, heart rate variability, and blood pressure.”. The sensors include the light emitters and light receivers.”).
However, Connor, is silent on what device triggers the sensors to perform reflective photoplethysmographic sensing and transmissive photoplethysmographic sensing.
Al-Ali discloses a wearable device with physiological parameters monitoring. Specifically, Al-Ali teaches a control unit for triggering the sensors to perform reflective photoplethysmographic sensing and transmissive photoplethysmographic sensing (Column 7, lines 53-55: “the sensor processor can be configured to selectively drive some of the plurality of emitters and/or activate or deactivate some of the plurality of detectors”. The sensor processor, which is analogous to the control unit, controls the emitters and detectors, which includes triggering sensors to perform reflective photoplethysmographic sensing and transmissive photoplethysmographic sensing.). Connor and Al-Ali are analogous arts as they are both related to devices that use optical sensors to measure physiological parameters of a user.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the control unit from Al-Ali into the system from Connor as Connor is silent on what is used to control the sensors, and Al-Ali discloses a suitable control unit in an analogous device.
The Connor/Al-Ali combination teaches wherein the sensors each perform reflective photoplethysmographic sensing and transmissive photoplethysmographic sensing in conjunction with another one of the sensors (Connor, [0119]: “a beam of light can be reflected from different regions and/or depths of body tissue by changing the angle and/or vector along which the beam of light is emitted. In an example, the angle and/or vector along which a light emitter emits beams of light can be automatically oscillated and/or iteratively-varied to scan different regions and/or depths of body tissue.”; [0030]: “a wearable ring of biometric sensors can comprise an array of one or more light emitters and one or more light receivers which are configured to be worn around a person's wrist, finger, or arm. Light energy from a light emitter can be received by a light receiver after the light has been transmitted through or reflected from body tissue. In an example, changes in the spectrum and/or intensity of the light energy caused by transmission of the light energy through body tissue and/or reflection of the light energy from the body tissue can be analyzed in order to measure one or more biometric parameters concerning the person.”; [0086]: “a ring of biometric sensors can collect data on light energy which has been reflected by or transmitted through skin, blood, blood vessels, intercellular fluid, and/or muscles. In an example, the spectrum and/or intensity of this light energy can be changed by its reflection by or transmission through skin, blood, blood vessels, intercellular fluid, and/or muscles. In an example, these changes can be used to measure one or more biometric parameters selected from the group consisting of: oxygen saturation, arterial blood oxygenation, arterial oxygen saturation, blood oxygen saturation, oxygen saturation, oxygenation, tissue blood oxygenation, tissue oxygenation, blood oxihemoglobin, deoxyhemoglobin, oxyhemoglobin, blood carboxyhemoglobin, and carboxyhemoglobin. In an example, a ring of biometric sensors can collect data which is used to measure methemoglobin or hemoglobin.”; [0122]: “FIGS. 9 and 10 show two sequential views of an example of a wearable ring of biometric sensors comprising: a wearable ring 901 which is configured to be worn on a person's wrist, finger, or arm; an array of light emitters (including light emitter 902) and light receivers (including light receiver 903) which are configured to be worn around the person's wrist, finger, or arm; wherein the array of light emitters and light receivers is configured to collectively span at least half of the circumference of the person's wrist, finger, or arm; and wherein light energy from the light emitters which has passed through the person's body tissue and/or been reflected from the person's body tissue and has been received by the light receivers is analyzed in order to measure one or more biometric parameters selected from the group consisting of the person's oxygenation level, hydration level, glucose level, pulse rate, heart rate variability, and blood pressure.”. The multiple light emitters and light receivers operate at the same time, meaning that they perform reflective photoplethysmographic sensing and transmissive photoplethysmographic sensing in conjunction with another one of the sensors.).
However, the Connor/Al-Ali combination does not teach wherein the control unit selects which of the sensors to use for ongoing reflective photoplethysmographic sensing based on results from the transmissive photoplethysmographic sensing.
Al-Ali teaches wherein the control unit selects which of the sensors to use for ongoing reflective photoplethysmographic sensing (Column 7, lines 53-55: “the sensor processor can be configured to selectively drive some of the plurality of emitters and/or activate or deactivate some of the plurality of detectors”; Column 21, lines 38-52: “When measuring oxygen saturation based on attenuation by blood in the capillaries, it is desirable to avoid veins. Because venous blood contains less oxygen, intensity signals of light attenuated by venous blood can cause errant readings oxygen saturation measurement. Optionally, the sensor or module processor of the physiological parameter measurement modules disclosed herein can reduce the effect of pulsing vein on the signal by comparing the signals from the plurality of detectors to determine which detectors receive better and/or clearer signals and deactivating the detectors that are more likely to cover and/or be around the pulsing veins. The sensor or module processor can dynamically adjust which detectors to deactivate. Deactivating the detectors can include deactivating operation of that detector and/or ignoring signals from that detector.”; Column 21, line 65-Column 22, line 13: “Variations (for example, if outside a certain range) in the mapped measurements can additionally or alternatively provide an indication that a certain detector or cluster of detectors is/are placed over a large pulsing vein as described above. Readings from that certain detector or cluster of detectors can be ignored or the detector(s) suspected to be cover a pulsing vein may be deactivated”. The system determines which sensors are more likely to be around pulsing veins and deactivates them, which then in turn selects the sensors to be used for ongoing reflective photoplethysmographic sensing, as shown in Column 21, lines 10-15, illustrating performing reflective photoplethysmographic sensing (“The emitters can transmit optical radiation of a plurality of wavelengths into a tissue site (near the wrist of the wearer) and the detectors can respond to the intensity of the optical radiation (which can be reflected from the tissue site) after absorption by pulsatile arterial blood flowing within the tissue site”).).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the control unit selecting which sensors to use from Al-Ali into the Connor/Al-Ali combination as it allows the combination to determine which sensors are going to provide the most accurate result.
However, the Connor/Al-Ali combination does not teach selecting the sensors to use based on results from the transmissive photoplethysmographic sensing.
Lee discloses a wearable PPG sensor. Specifically, Lee teaches selecting the sensors to use based on results from the transmissive photoplethysmographic sensing ([0002]: “A light source (e.g., a light emitting diode (LED)) transmits two different light wavelengths through the skin, and a detector (e.g., a photodiode (PD)) measures the non-absorbed light that is either transmitted through (transmission mode) or reflected by (reflectance/reflective mode) the bone, veins, and other tissues below the skin”. Since the transmission mode can be used to determine where a vein is, it can be used to determine where the pulsing vein is, which can be deactivated through the process described in Al-Ali.). Connor, Al-Ali, and Lee are analogous arts as they are all related to devices that use optical sensors to measure physiological parameters of a user.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include using transmissive photoplethysmographic sensing to determine which sensor to use from Lee into the Connor/Al-Ali combination as the combination is silent on the specific methods used to determine where a vein is, and Lee discloses a method in an analogous device.
Regarding claim 5, the Connor/Al-Ali/Lee combination teaches the ring system according to claim 3, comprising at least 4 of the sensors (Connor, Figs. 1 and 2 show at least 4 of the sensors in use.).
Regarding claim 6, the Connor/Al-Ali/Lee combination teaches the ring system according to claim 3, comprising 8 or more of the sensors (Connor, Figs. 1 and 2 show at least 8 of the sensors in use.).
Regarding claim 7, the Connor/Al-Ali/Lee combination teaches the ring system according to claim 3, wherein each of the sensors comprise light detectors and light emitters (Connor, Figs. 1 and 2 ; [0106]: “FIG. 2 shows an example of a wearable ring of biometric sensors comprising: a wearable ring 201 which is configured to be worn on a person's wrist, finger, or arm; an array of light emitters (including light emitter 202) and light receivers (including light receiver 203) which are configured to be worn around the person's wrist, finger, or arm”).
However, the Connor/Al-Ali/Lee combination is silent on the type of light detectors used.
Al-Ali teaches wherein each of the sensors comprise photodiodes (Column 3, lines 21-22: “a plurality of detectors including four or more photodiodes”).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use the photodiodes from Al-Ali into the Connor/Al-Ali/Lee combination as the combination is silent on the type of detectors used, and Al-Ali discloses suitable detectors in an analogous device.
Regarding claim 8, the Connor/Al-Ali/Lee combination teaches the ring system according to claim 3, wherein each of the sensors comprises a two dimensional array of light detectors and light emitters (Connor, Figs. 1 and 2 ; [0106]: “FIG. 2 shows an example of a wearable ring of biometric sensors comprising: a wearable ring 201 which is configured to be worn on a person's wrist, finger, or arm; an array of light emitters (including light emitter 202) and light receivers (including light receiver 203) which are configured to be worn around the person's wrist, finger, or arm”).
However, the Connor/Al-Ali/Lee combination is silent on the type of light detectors used.
Al-Ali teaches wherein each of the sensors comprise photodiodes (Column 3, lines 21-22: “a plurality of detectors including four or more photodiodes”).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use the photodiodes from Al-Ali into the Connor/Al-Ali/Lee combination as the combination is silent on the type of detectors used, and Al-Ali discloses suitable detectors in an analogous device.
Regarding claim 14, the Connor/Al-Ali/Lee combination teaches the ring system according to claim 3, wherein the control unit uses the sensors around the ring to track arterial and/or venous patterns (Connor, [0092]: “a ring of biometric sensors can collect data which is used to measure one or more biometric parameters selected from the group consisting of: arterial blood volume, arterial diameter, arterial expansion, arterial heart rate, arterial pulse transit time, arterial pulse wave velocity, arterial pulse waveform, arterial stiffness, arterial stroke volume, arteriosclerosis, blood flow rate, blood pressure, blood volume, heart rate, heart rate variability, perfusion index, pressure, pulse pressure, pulse rate, pulse transit time, pulse wave velocity, pulse waveform, and vascular compliance.” These variables can be considered arterial and/or venous patterns.).
Regarding claim 15, the Connor/Al-Ali/Lee combination teaches the ring system according to claim 3, further comprising a sensor block having inertial sensors (Connor, [0043]: “a wearable ring of biosensors can further comprise one or more motion sensors, wherein a motion sensor can further comprise an accelerometer and/or gyroscope.”).
Regarding claim 16, the Connor/Al-Ali/Lee combination teaches the ring system according to claim 3, further comprising a sensor block with a user temperature sensor and an ambient temperature sensor (Connor, [0066]: “the operation of a wearable ring of biometric sensors can be automatically adjusted in response to data from one or more environmental sensors. In an example, the power and/or intensity of light energy emitted from one or more light emitters can be automatically increased in response to greater ambient (e.g. environmental) light. In an example, the circumference of the ring can be automatically and temporarily decreased in response to greater movement of the device. In an example, the frequency of light energy emitted from one or more light emitters can be changed in response to changes in (environmental and/or body) temperature.”).
Regarding claim 17, the Connor/Al-Ali/Lee combination teaches the ring system according to claim 3, wherein the control unit selects which of the sensors to use for ongoing reflective photoplethysmographic sensing based on whether a difference between results from the transmissive photoplethysmographic sensing and results from the reflective photoplethysmographic sensing is within a predetermined threshold (Al-Ali, Column 21, lines 38-52: “When measuring oxygen saturation based on attenuation by blood in the capillaries, it is desirable to avoid veins. Because venous blood contains less oxygen, intensity signals of light attenuated by venous blood can cause errant readings oxygen saturation measurement. Optionally, the sensor or module processor of the physiological parameter measurement modules disclosed herein can reduce the effect of pulsing vein on the signal by comparing the signals from the plurality of detectors to determine which detectors receive better and/or clearer signals and deactivating the detectors that are more likely to cover and/or be around the pulsing veins. The sensor or module processor can dynamically adjust which detectors to deactivate. Deactivating the detectors can include deactivating operation of that detector and/or ignoring signals from that detector.”; Column 21, line 65-Column 22, line 13: “Variations (for example, if outside a certain range) in the mapped measurements can additionally or alternatively provide an indication that a certain detector or cluster of detectors is/are placed over a large pulsing vein as described above. Readings from that certain detector or cluster of detectors can be ignored or the detector(s) suspected to be cover a pulsing vein may be deactivated”).
Regarding claim 18, the Connor/Al-Ali/Lee combination teaches the ring system according to claim 3, wherein the control unit selects one or more reflective channels to be used in the ongoing reflective photoplethysmographic sensing by comparing a blood oxygen saturation value derived from the one or more reflective channels to a calibration value derived from the transmissive photoplethysmographic sensing (Al-Ali, Column 21, lines 38-52: “When measuring oxygen saturation based on attenuation by blood in the capillaries, it is desirable to avoid veins. Because venous blood contains less oxygen, intensity signals of light attenuated by venous blood can cause errant readings oxygen saturation measurement. Optionally, the sensor or module processor of the physiological parameter measurement modules disclosed herein can reduce the effect of pulsing vein on the signal by comparing the signals from the plurality of detectors to determine which detectors receive better and/or clearer signals and deactivating the detectors that are more likely to cover and/or be around the pulsing veins. The sensor or module processor can dynamically adjust which detectors to deactivate. Deactivating the detectors can include deactivating operation of that detector and/or ignoring signals from that detector.”; Column 21, line 65-Column 22, line 13: “Variations (for example, if outside a certain range) in the mapped measurements can additionally or alternatively provide an indication that a certain detector or cluster of detectors is/are placed over a large pulsing vein as described above. Readings from that certain detector or cluster of detectors can be ignored or the detector(s) suspected to be cover a pulsing vein may be deactivated. When two or more physiological parameter measurements, such as oxygen saturation measurements, do not agree among two or more detectors (for example, having a variation exceeding a certain range), the sensor or module processor can use the higher or highest measurement value”. The calibration value can be the oxygen saturation value determined from the transmissive photoplethysmographic sensing.; Lee, [0002]: “A light source (e.g., a light emitting diode (LED)) transmits two different light wavelengths through the skin, and a detector (e.g., a photodiode (PD)) measures the non-absorbed light that is either transmitted through (transmission mode) or reflected by (reflectance/reflective mode) the bone, veins, and other tissues below the skin”. Since the transmission mode can be used to determine where a vein is, it can be used to determine where the pulsing vein is, which can be deactivated through the process described in Al-Ali.).
Regarding claim 19, the Connor/Al-Ali/Lee combination teaches the ring system according to claim 18, wherein the control unit selects the one or more reflective channels for the ongoing reflective photoplethysmographic sensing in response to determining that a difference between the blood oxygen saturation value derived from the one or more reflective channels and the calibration value derived from the transmissive photoplethysmographic sensing is within a predetermined threshold (Al-Ali,. Column 21, lines 38-52: “When measuring oxygen saturation based on attenuation by blood in the capillaries, it is desirable to avoid veins. Because venous blood contains less oxygen, intensity signals of light attenuated by venous blood can cause errant readings oxygen saturation measurement. Optionally, the sensor or module processor of the physiological parameter measurement modules disclosed herein can reduce the effect of pulsing vein on the signal by comparing the signals from the plurality of detectors to determine which detectors receive better and/or clearer signals and deactivating the detectors that are more likely to cover and/or be around the pulsing veins. The sensor or module processor can dynamically adjust which detectors to deactivate. Deactivating the detectors can include deactivating operation of that detector and/or ignoring signals from that detector.”; Column 21, line 65-Column 22, line 13: “Variations (for example, if outside a certain range) in the mapped measurements can additionally or alternatively provide an indication that a certain detector or cluster of detectors is/are placed over a large pulsing vein as described above. Readings from that certain detector or cluster of detectors can be ignored or the detector(s) suspected to be cover a pulsing vein may be deactivated. When two or more physiological parameter measurements, such as oxygen saturation measurements, do not agree among two or more detectors (for example, having a variation exceeding a certain range), the sensor or module processor can use the higher or highest measurement value”. The calibration value can be the oxygen saturation value determined from the transmissive photoplethysmographic sensing.; Lee, [0002]: “A light source (e.g., a light emitting diode (LED)) transmits two different light wavelengths through the skin, and a detector (e.g., a photodiode (PD)) measures the non-absorbed light that is either transmitted through (transmission mode) or reflected by (reflectance/reflective mode) the bone, veins, and other tissues below the skin”. Since the transmission mode can be used to determine where a vein is, it can be used to determine where the pulsing vein is, which can be deactivated through the process described in Al-Ali.).
Regarding claim 20, the Connor/Al-Ali/Lee combination teaches the ring system according to claim 18, wherein the control unit computes the calibration value based on blood oxygen saturation results produced via one or more transmissive channels used in the transmissive photoplethysmographic sensing (Al-Ali,. Column 21, lines 38-52: “When measuring oxygen saturation based on attenuation by blood in the capillaries, it is desirable to avoid veins. Because venous blood contains less oxygen, intensity signals of light attenuated by venous blood can cause errant readings oxygen saturation measurement. Optionally, the sensor or module processor of the physiological parameter measurement modules disclosed herein can reduce the effect of pulsing vein on the signal by comparing the signals from the plurality of detectors to determine which detectors receive better and/or clearer signals and deactivating the detectors that are more likely to cover and/or be around the pulsing veins. The sensor or module processor can dynamically adjust which detectors to deactivate. Deactivating the detectors can include deactivating operation of that detector and/or ignoring signals from that detector.”; Column 21, line 65-Column 22, line 13: “Variations (for example, if outside a certain range) in the mapped measurements can additionally or alternatively provide an indication that a certain detector or cluster of detectors is/are placed over a large pulsing vein as described above. Readings from that certain detector or cluster of detectors can be ignored or the detector(s) suspected to be cover a pulsing vein may be deactivated. When two or more physiological parameter measurements, such as oxygen saturation measurements, do not agree among two or more detectors (for example, having a variation exceeding a certain range), the sensor or module processor can use the higher or highest measurement value”. The calibration value can be the oxygen saturation value determined from the transmissive photoplethysmographic sensing.; Lee, [0002]: “A light source (e.g., a light emitting diode (LED)) transmits two different light wavelengths through the skin, and a detector (e.g., a photodiode (PD)) measures the non-absorbed light that is either transmitted through (transmission mode) or reflected by (reflectance/reflective mode) the bone, veins, and other tissues below the skin”. Since the transmission mode can be used to determine where a vein is, it can be used to determine where the pulsing vein is, which can be deactivated through the process described in Al-Ali.).
Regarding claim 21, the Connor/Al-Ali/Lee combination teaches the ring system according to claim 20, wherein, in response to failure to determine a suitable calibration value via the one or more transmissive channels in a first lighting direction, the control unit computes a new calibration value based on new blood oxygen saturation results produced via the one or more transmissive channels in an opposite lighting direction relative to the first lighting direction (Al-Ali, Column 21, lines 38-52: “When measuring oxygen saturation based on attenuation by blood in the capillaries, it is desirable to avoid veins. Because venous blood contains less oxygen, intensity signals of light attenuated by venous blood can cause errant readings oxygen saturation measurement. Optionally, the sensor or module processor of the physiological parameter measurement modules disclosed herein can reduce the effect of pulsing vein on the signal by comparing the signals from the plurality of detectors to determine which detectors receive better and/or clearer signals and deactivating the detectors that are more likely to cover and/or be around the pulsing veins. The sensor or module processor can dynamically adjust which detectors to deactivate. Deactivating the detectors can include deactivating operation of that detector and/or ignoring signals from that detector.”. This limitation describes choosing a different sensor for calculations when the other sensors are not able to provide a suitable measurement.).
Regarding claim 23, the Connor/Al-Ali/Lee combination teaches the ring system according to claim 17, further comprising a sensor block having inertial sensors, wherein in response to motion artefacts detected via the inertial sensors, the control unit increases a repetition frequency at which the results from the transmissive photoplethysmographic sensing and the results from the reflective photoplethysmographic sensing are compared (Connor, [0043]: “a wearable ring of biosensors can further comprise one or more motion sensors, wherein a motion sensor can further comprise an accelerometer and/or gyroscope. In an example, selected light emitters in an array can be selectively activated to emit light at a selected time based on data from one or more motion sensors. In an example, different light emitters in the array can be selectively activated in order to maintain spectroscopic scanning of the same tissue region even when a device shifts and/or rotates”. The data from motion detectors change which sensors are activated and deactivated, which is determined through the comparison of the signals as described in the rejection of claim 1, therefore the frequency of comparison is increased, as the sensors are adjusted every time motion is detected.).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over the Connor/Al-Ali/Lee combination as applied to claim 3 above, and further in view of Bhat (US 20170337413).
Regarding claim 4, the Connor/Al-Ali/Lee combination teaches the ring system according to claim 3.
However, Connor/Al-Ali/Lee combination does not teach wherein the ring system performs user identification based on information from the photoplethysmographic sensing.
Bhat discloses a bio-sensor device that uses light sensors to detect health parameters from a user. Specifically, Bhat teaches wherein the ring system performs user identification based on information from the photoplethysmographic sensing ([0145]: “The emitted light is reflected and absorbed by the body part 116 above or in contact with the display glass 154 proximate to the photodetector element 158, and the signal from the photodetector element 158 is processed by detector circuitry to identify characteristics of the body part 116, such as a fingerprint, blood vessels, face recognition, combinations thereof, etc.”). Connor, Al-Ali, Lee, and Bhat are analogous arts as they are all devices that use light sensors to determine health parameters.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the user identification from Bhat into the ring system from Connor/Al-Ali/Lee combination as it allows the ring to determine if it is detecting the same user, which provides more reliable, accurate measurements and ensuring the measurements are all from the same user.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over the Connor/Al-Ali/Lee combination as applied to claim 3 above, and further in view of Connor ‘513 (US 20180042513).
Regarding claim 9, the Connor/Al-Ali/Lee combination teaches the ring system according to claim 3.
However, the Connor/Al-Ali/Lee combination does not teach wherein the sensors comprise an annular photodiode array and an annular light emitter array.
Connor ‘513 discloses a wearable device to measure body hydration using photoplethysmography. Specifically, Connor ‘513 teaches wherein the sensors comprise an annular light detector array and an annular light emitter array (*[0200]: “a circumferential or annular array of light emitters on the flexible band, wherein the light emitters are configured to emit light toward the person's body; and a circumferential or annular array of light receivers on the flexible band”). Connor, Al-Ali, Lee, and Connor are analogous arts as they are all devices that use light sensors to determine health parameters.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the annular arrays from Connor ‘513 into the Connor/Al-Ali/Lee combination as it is another known orientation of sensors, and therefore would be a simple substitution.
However, the Connor/Al-Ali/Lee/Connor ‘513 combination is silent on the type of light detectors used.
Al-Ali teaches wherein each of the sensors comprise photodiodes (Column 3, lines 21-22: “a plurality of detectors including four or more photodiodes”).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use the photodiodes from Al-Ali into the Connor/Al-Ali/Lee/Connor ‘513 combination as the combination is silent on the type of detectors used, and Al-Ali discloses suitable detectors in an analogous device.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over the Connor/Al-Ali/Lee/Connor ‘513 combination as applied to claim 9 above, and further in view of Gu (US 20170367594).
Regarding claim 10, the Connor/Al-Ali/Lee/Connor ‘513 combination teaches the ring system according to claim 9, wherein the annular light emitter array are organic light emitting diodes (Connor, [0081]: “a light emitter in a wearable ring of biometric sensors can be selected from the group consisting of: … Organic Light Emitting Diode (OLED)”).
However, the Connor/Al-Ali/Lee/Connor ‘513 combination is silent on the type of photo diode used.
Gu discloses a device used to determine biometric properties of a user. Specifically, Gu teaches the annular photodiode array are organic photodiodes ([0042]: “The optical sensors may each include a light emitter and light detector also called a photo detector. In some embodiments, the light emitter may be configured as an organic light emitting diode (OLED) and the light detector may be configured as an organic photodiode detector (OPD).”). Connor, Al-Ali, Lee, Connor ‘513, and Gu are analogous arts as they are all devices that use light sensors to determine health parameters.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the organic photodiodes from Gu into the ring system from the Connor/Al-Ali/Lee/Connor ‘513 combination as the combination is silent on the type of photo diode used, and Gu provides a suitable type of photodiode in an analogous arts.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over the Connor/Al-Ali/Lee combination as applied to claim 3 above, and further in view of To (US 20210128028).
Regarding claim 12, the Connor/Al-Ali/Lee combination teaches the ring system according to claim 3.
However, the Connor/Al-Ali/Lee combination does teach wherein the control unit uses results from the transmissive photoplethysmographic sensing to validate the reflective photoplethysmographic sensing.
To discloses a tester for an optical measuring device. Specifically, To teaches wherein the control unit uses results from the transmissive photoplethysmographic sensing to validate the reflective photoplethysmographic sensing ([0091]: “once the tester 300 passes the validation process with a transmissive golden unit, it may be advantageously also accredited to perform device testing on the reflective measuring devices, and vice-versa”). Connor, Al-Ali, Lee, and To are analogous arts as they are all devices that use light sensors to determine health parameters.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the validation step from To into the Connor/Al-Ali/Lee combination as it allows the combination to verify the results, which allows for the most accurate result to be produced.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over the Connor/Al-Ali/Lee combination as applied to claim 20 above, and further in view of Burg (US 20190298183).
Regarding claim 22, the Connor/Al-Ali/Lee teaches the ring system according to claim 20.
However, the Connor/Al-Ali/Lee combination does not teach wherein the calibration value is determined by fusing or voting blood oxygen saturation results produced via three transmissive channels.
Burg discloses a device with multiple sensors for vital signs scanning. Specifically, Burg teaches wherein a value is determined by fusing or voting blood oxygen saturation results produced via three transmissive channels ([0069]: “The methods and signal processing algorithms used by the vital signs scanner and its signal processor may also use a sensor fusion model to leverage multiple measurements and improve the results of one or more different types of measurements through data fusion”). Connor, Al-Ali, Lee, and Burg are analogous arts as they are all devices that use light sensors to determine health parameters.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the fusing step from Burg into the Connor/Al-Ali/Lee combination as it allows the value to improve the results of the measurements through the data fusion steps.
Response to Arguments
All of applicant’s argument regarding the rejections and objections previously set forth have been fully considered and are persuasive unless directly addressed subsequently.
Applicant’s arguments with respect to the 102 and 103 rejections 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.
Conclusion
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/E.K.M./Examiner, Art Unit 3791
/MATTHEW KREMER/Primary Examiner, Art Unit 3791
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