DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after 16 March 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The amendment to the claims filed 28 October 2025 has been entered. Claim(s) 1, 4, 6 and 8-10 is/are currently amended. Claim(s) 1-20 is/are pending, with claims 2-3, 5, 7 and 11-14 and 16-20 withdrawn from consideration for being drawn to a non-elected invention and/or species.
Objections and/or Rejections Withdrawn
Objections to the claims and/or rejections under 35 U.S.C. 112(b) (or pre-AIA 35 U.S.C. 112, second paragraph) not reproduced below has/have been withdrawn in view of Applicant's amendments to the claims and/or submitted remarks.
Claim Interpretation
In view of Applicant's amendments, the "first acquisition unit," "second acquisition unit," "first detection unit," and "light emission control unit" limitations have been interpreted to not invoke 35 U.S.C. 112(f) (or pre-AIA 35 U.S.C. 112, sixth paragraph).
Claim Objections
Claim(s) 1, 4, 8 and 19 is/are objected to because of the following informalities:
In claims 1 and 4, the newly added limitations are missing an article before "hardware processor."
In claim 8, "the light emitting element is made perform light emission" should be amended/corrected within the scope of, "the light emitting element is made to perform light emission."
In claim 10, "the light emitting element is made turn off " should be amended/corrected within the scope of, "the light emitting element is made to turn off."
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of pre-AIA 35 U.S.C. 112, second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 1, 4 and claims dependent thereon is/are rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Regarding claim 1, claim 4 and claims dependent thereon, the limitation "a first acquisition unit configured to acquire, from a first sensor, and a first biological signal that is related to a heartbeat of a subject that is implemented by hardware processor of a control unit" of each of the above-noted claims is indefinite and/or syntactically unclear. Firstly, Applicant's addition of "and" prior to "a first biological signal" is unclear, as the first biological signal appears to be the only thing acquired by the unit. Additionally, the phrase "that is implemented by hardware processor of a control unit" appears to limit the subject. For the purpose of this Office action, the above-noted limitation will be discussed with the understanding "that is implemented by hardware processor of a control unit" is intended to limit/modify the first acquisition unit, and that the first biological signal is the only thing/signal acquired by the first acquisition unit, e.g., within the scope of, "a first acquisition unit that is implemented by a hardware processor of a control unit and is configured to acquire, from a first sensor, a first biological signal that is related to a heartbeat of a subject…."
Regarding claim 1 and claims dependent thereon, there is insufficient antecedent basis for "the fourth period" in the limitation "the light emission control unit sets the fourth period…." Despite the lack of markings indicating any changes were made to the above-noted limitation, this portion of claim 1 previously recited "the light emission control unit sets the first period…," and therefore had sufficient antecedent basis in prior limitation(s). For the purpose of this Office action, claim 1 will be discussed with the understanding the first period is set by the light emission control unit, commensurate in scope with the limitation as previously presented.
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:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 4, 6, 8-10 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2013/0324855 A1 (previously cited, "Lisogurski"); or alternatively, over Lisogurski in view of US 2012/0053432 A1 ("Huiku").
Regarding claims 1 and 6, Lisogurski discloses/suggests a biological signal measurement device, comprising:
a first acquisition unit that is implemented by a hardware processor of a control unit and is configured to acquire, from a first sensor, a first biological signal that is related to a heartbeat of a subject, wherein the first acquisition unit acquires, as the first biological signal, an ECG signal (e.g., ¶ [0138] system may receive ECG signal 1310 from an ECG sensor);
a second acquisition unit that is implemented by a/the hardware processor of the control unit and is configured to acquire, from a second sensor (sensor 102) that uses a light emitting element (Fig. 1, light source 130), a second biological signal that is related to the heartbeat of the subject, wherein the second acquisition unit acquires a pulse wave signal as the second biological signal (Fig. 1, monitor 104, or circuitry 150 thereof, receiving a signal(s) from detector 140, i.e., a PPG signal (e.g., ¶ [0040]));
a first detection unit that is implemented by a/the hardware processor of the control unit and is configured to detect a first feature from the first biological signal acquired (¶ [0138] system may process the ECG signal to determine a point of interest in the ECG signal, e.g., system may identify R wave peaks 1316 and 1318 in ECG signal 1310); and
a light emission control unit that is implemented by a/the hardware processor of the control unit and is configured to drive the light emitting element of the second sensor to perform intermittent light emission based on a detection timing of the first feature and information indicating time correlation between the first biological signal and the second biological signal, wherein the light emission control unit makes the light emitting element perform light emission in a first period determined based on the information indicating the time correlation in synchronization with the detection timing of the first feature and makes the light emitting element turn off in a second period until next detection of the first feature after elapse of the first period (Fig. 1, light drive circuitry 120; ¶¶ [0137]-[0139] system may modulate light drive signal 1314 in a way correlated to ECG-triggered pulse signal 1312 and/or ECG signal 1310, e.g., in response to signal pulse 1320, light drive signal 1314 is changed to an "on" state for a pre-determined length of time, changed to an "off" state at the end of said length of time, changed again to an "on" state in response to signal pulse 1322, etc., e.g., Fig. 13),
wherein the light emission control unit sets the first period after elapse of a period corresponding to at least one cycle of the first biological signal after the detection timing of the first feature and wherein said intermittent light emission is pre-determined based on previous measurements (e.g., ¶ [0139] duration of the "on" state following an ECG-triggered signal pulse may be determined based on previous measurements, data collected during previous periods, etc.).
Lisogurski does not expressly disclose from what previous measurements, data collected during previous periods, etc. the first period is set (i.e., duration of the "on" state following the ECG trigger), and accordingly, does not expressly disclose the information indicating the time correlation is calculated based on a pulse transit time between the first biological signal and the second biological signal. However, Lisogurski does disclose the light drive signal may be correlated to the cardiac cycle, wherein a time offset from a particular ECG signal feature may correlate the cardiac cycle modulation with a desired cardiac cycle feature (e.g., ¶ [0138]). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Lisogurski with the information indicating the time correlation being calculated based on a pulse transit time between the first biological signal and the second biological signal, wherein the intermittent light emission is pre-determined based on said calculated pulse transit time, in order to ensure a desired cardiac cycle feature of the pulse wave signal is detected.
Alternatively/Additionally, Huiku more expressly discloses a light emission control unit configured to drive a light emitting element of a sensor to perform intermittent light emission based on a detection timing of a first feature (R peak) of a first signal (ECG) and a pulse transit time calculated between the first biological signal and the second biological signal (PTT), wherein the light emission control unit makes the light emitting element perform light emission in a first period based on the PTT and makes the light emitting element turn off in a second period until next detection of the first feature after elapse of the first period, wherein the light emission control unit sets the first period after elapse of a period corresponding to at least one cycle of the first biological signal after the detection time of the first feature, wherein said intermittent light emission is pre-determined based on said calculated pulse transit time (e.g., ¶ [0049] the central unit may define the LED burst time based on the R peak time and the PTT; ¶ [0050] measuring PTT and adjusting the LED burst time and duration for the individual patient; etc.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Lisogurski with the information indicating the time correlation being calculated based on a pulse transit time between the first biological signal and the second biological signal as taught and/or suggested by Huiku in order to accurately adjust the timing of the light emission for each heartbeat of the individual patient to ensure a desired cardiac cycle feature of the pulse wave signal is detected (Huiku, ¶¶ [0049]-[0050]).
Regarding claims 4 and 15, Lisogurski discloses/suggests a biological signal measurement device, comprising:
a first acquisition unit that is implemented by a hardware processor of a control unit and is configured to acquire, from a first sensor, a first biological signal that is related to a heartbeat of a subject, wherein the first acquisition unit acquires, as the first biological signal, an ECG signal (e.g., ¶ [0138] system may receive ECG signal 1310 from an ECG sensor);
a second acquisition unit that is implemented by a/the hardware processor of the control unit and is configured to acquire, from a second sensor (sensor 102) that uses a light emitting element (Fig. 1, light source 130), a second biological signal that is related to the heartbeat of the subject, wherein the second acquisition unit acquires a pulse wave signal as the second biological signal (Fig. 1, monitor 104, or circuitry 150 thereof, receiving a signal(s) from detector 140, i.e., a PPG signal (e.g., ¶ [0040]));
a first detection unit that is implemented by a/the hardware processor of the control unit and is configured to detect a first feature from the first biological signal acquired (¶ [0138] system may process the ECG signal to determine a point of interest in the ECG signal, e.g., system may identify R wave peaks 1316 and 1318 in ECG signal 1310); and
a light emission control unit that is implemented by a/the hardware processor of the control unit and is configured to drive the light emitting element of the second sensor to perform intermittent light emission based on a detection timing of the first feature and information indicating time correlation between the first biological signal and the second biological signal, wherein the light emission control unit makes the light emitting element start light emission at a point when a third period set based on the information indicating the time correlation elapses after the detection timing of the first feature and makes the light emitting element turn off at a point when a fourth period set in advance elapses after the light emission starts (Fig. 1, light drive circuitry 120; ¶¶ [0137]-[0139] system may modulate light drive signal 1314 in a way correlated to ECG-triggered pulse signal 1312 and/or ECG signal 1310, e.g., in response to signal pulse 1320, light drive signal 1314 is changed to an "on" state for a pre-determined length of time, changed to an "off" state at the end of said length of time, changed again to an "on" state in response to signal pulse 1322, etc., e.g., Fig. 13, wherein the system may delay periods 1324 and 1326 in relation to signal pulses 1320 and 1322, respectively),
wherein the light emission control unit sets the fourth period after elapse of a period corresponding to at least one cycle of the first biological signal after the detection timing of the first feature (e.g., ¶ [0139] the predetermined length of time in the "on" state may be determined based on previous measurements, data collected during previous periods, etc.).
Lisogurski does not expressly disclose from what previous measurements, data collected during previous periods, etc. the fourth period is set (i.e., duration of the "on" state following the ECG trigger), and accordingly, does not expressly disclose the information indicating the time correlation is calculated based on a pulse transit time between the first biological signal and the second biological signal. However, Lisogurski does disclose the light drive signal may be correlated to the cardiac cycle, wherein a time offset from a particular ECG signal feature may correlate the cardiac cycle modulation with a desired cardiac cycle feature (e.g., ¶ [0138]). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Lisogurski with the information indicating the time correlation being calculated based on a pulse transit time between the first biological signal and the second biological signal, wherein the intermittent light emission is pre-determined based on said calculated pulse transit time, in order to ensure a desired cardiac cycle feature of the pulse wave signal is detected.
Alternatively/Additionally, Huiku more expressly discloses a light emission control unit configured to drive a light emitting element of a sensor to perform intermittent light emission based on a detection timing of a first feature (R peak) of a first signal (ECG) and a pulse transit time calculated between the first biological signal and the second biological signal (PTT), wherein the light emission control unit, based on the calculated PTT, makes the light emitting element start light emission at a point when a third period set after detection timing of the first feature (beginning of LED burst) and making the light emitting element turn off at a point when a fourth period set in advance elapses after the light emission starts (end of LED burst) (e.g., ¶ [0049] the central unit may define the LED burst time based on the R peak time and the PTT; ¶ [0050] measuring PTT and adjusting the LED burst time and duration for the individual patient; etc.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Lisogurski with the information indicating the time correlation being calculated based on a pulse transit time between the first biological signal and the second biological signal as taught/suggested by Huiku in order to accurately adjust the timing of the light emission for each heartbeat of the individual patient to ensure a desired cardiac cycle feature of the pulse wave signal is detected (Huiku, ¶¶ [0049]-[0050]).
Regarding claim 8, Lisogurski discloses/suggests a biological signal measurement method performed by a device (e.g., Fig. 3, monitoring system 310) configured to measure a biological signal of a subject, the biological signal measurement method comprising:
acquiring, from a first sensor, a first biological signal that is related to a heartbeat of the subject (e.g., ¶ [0138] system may receive ECG signal 1310 from an ECG sensor);
acquiring, from a second sensor that uses a light emitting element, a second biological signal that is related to the heartbeat of the subject (Fig. 1, monitor 104, or circuitry 150 thereof, receiving a signal(s) from detector 140, i.e., a PPG signal (e.g., ¶ [0040]);
detecting a first feature from the first biological signal acquired (¶ [0138] system may process the ECG signal to determine a point of interest in the ECG signal, e.g., system may identify R wave peaks 1316 and 1318 in ECG signal 1310); and
driving the light emitting element of the second sensor to perform intermittent light emission based on a detection timing of the first feature and information indicating time correlation between the first biological signal and the second biological signal, wherein in the driving, the light emitting element is made perform light emission in a first period determined based on the information indicating the time correlation in synchronization with the detection timing of the first feature, and the light emitting element is made turn off in a second period until next detection of the first feature after elapse of the first period (Fig. 1, light drive circuitry 120; ¶¶ [0137]-[0139] system may modulate light drive signal 1314 in a way correlated to ECG-triggered pulse signal 1312 and/or ECG signal 1310, e.g., in response to signal pulse 1320, light drive signal 1314 is changed to an "on" state for a pre-determined length of time, changed to an "off" state at the end of said length of time, changed again to an "on" state in response to signal pulse 1322, etc., e.g., Fig. 13), and
in the driving, the first period is set after elapse of a period corresponding to at least one cycle of the first biological signal after the detection timing of the first feature (e.g., ¶ [0139] pre-determined length of time in the "on" state may be determined based on previous measurements, data collected during previous periods, etc.).
Lisogurski does not expressly disclose from what previous measurements, data collected during previous periods, etc. the first period is set (i.e., duration of the "on" state following the ECG trigger), and accordingly, does not expressly disclose the information indicating the time correlation is calculated based on a pulse transit time between the first biological signal and the second biological signal. However, Lisogurski does disclose the light drive signal may be correlated to the cardiac cycle, wherein a time offset from a particular ECG signal feature may correlate the cardiac cycle modulation with a desired cardiac cycle feature (e.g., ¶ [0138]). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Lisogurski with the information indicating the time correlation being calculated based on a pulse transit time between the first biological signal and the second biological signal, wherein the intermittent light emission is pre-determined based on said calculated pulse transit time, in order to ensure a desired cardiac cycle feature of the pulse wave signal is detected.
Alternatively/Additionally, Huiku more expressly discloses a light emission control unit configured to drive a light emitting element of a sensor to perform intermittent light emission based on a detection timing of a first feature (R peak) of a first signal (ECG) and a pulse transit time calculated between the first biological signal and the second biological signal (PTT), wherein the light emission control unit makes the light emitting element perform light emission in a first period based on the PTT and makes the light emitting element turn off in a second period until next detection of the first feature after elapse of the first period, wherein the light emission control unit sets the first period after elapse of a period corresponding to at least one cycle of the first biological signal after the detection time of the first feature, wherein said intermittent light emission is pre-determined based on said calculated pulse transit time (e.g., ¶ [0049] the central unit may define the LED burst time based on the R peak time and the PTT; ¶ [0050] measuring PTT and adjusting the LED burst time and duration for the individual patient; etc.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Lisogurski with the information indicating the time correlation being calculated based on a pulse transit time between the first biological signal and the second biological signal as taught and/or suggested by Huiku in order to accurately adjust the timing of the light emission for each heartbeat of the individual patient to ensure a desired cardiac cycle feature of the pulse wave signal is detected (Huiku, ¶¶ [0049]-[0050]).
Regarding claim 9, Lisogurski as modified with respect to claim 1 discloses/suggests a non-transitory storage medium storing a program that causes a hardware processor provided in the biological signal measurement device according to claim 1 to execute processing of the light emission control unit (e.g., ¶ [0085], ¶ [0088], etc.).
Regarding claim 10, Lisogurski discloses/suggests a biological signal measurement method performed by a device (e.g., Fig. 3, monitoring system 310) configured to measure a biological signal of a subject, the biological signal measurement method comprising:
acquiring, from a first sensor, a first biological signal that is related to a heartbeat of the subject (e.g., ¶ [0138] system may receive ECG signal 1310 from an ECG sensor);
acquiring, from a second sensor that uses a light emitting element, a second biological signal that is related to the heartbeat of the subject (Fig. 1, monitor 104, or circuitry 150 thereof, receiving a signal(s) from detector 140, i.e., a PPG signal (e.g., ¶ [0040]);
detecting a first feature from the first biological signal acquired (¶ [0138] system may process the ECG signal to determine a point of interest in the ECG signal, e.g., system may identify R wave peaks 1316 and 1318 in ECG signal 1310); and
driving the light emitting element of the second sensor to perform intermittent light emission based on a detection timing of the first feature and information indicating time correlation between the first biological signal and the second biological signal, wherein in the driving, the light emitting element is made start light emission at a point when a third period set based on the information indicating the time correlation elapses after the detection timing of the first feature, and the light emitting element is made turn off at a point when a fourth period set in advance elapses after the light emission starts (Fig. 1, light drive circuitry 120; ¶¶ [0137]-[0139] system may modulate light drive signal 1314 in a way correlated to ECG-triggered pulse signal 1312 and/or ECG signal 1310, e.g., in response to signal pulse 1320, light drive signal 1314 is changed to an "on" state for a pre-determined length of time, changed to an "off" state at the end of said length of time, changed again to an "on" state in response to signal pulse 1322, etc., e.g., Fig. 13, wherein the system may delay periods 1324 and 1326 in relation to signal pulses 1320 and 1322, respectively), and
in the driving, the fourth period is set after elapse of a period corresponding to at least one cycle of the first biological signal after the detection timing of the first feature (e.g., ¶ [0139] pre-determined length of time in the "on" state may be determined based on previous measurements, data collected during previous periods, etc.).
Lisogurski does not expressly disclose from what previous measurements, data collected during previous periods, etc. the fourth period is set (i.e., duration of the "on" state following the ECG trigger), and accordingly, does not expressly disclose the information indicating the time correlation is calculated based on a pulse transit time between the first biological signal and the second biological signal. However, Lisogurski does disclose the light drive signal may be correlated to the cardiac cycle, wherein a time offset from a particular ECG signal feature may correlate the cardiac cycle modulation with a desired cardiac cycle feature (e.g., ¶ [0138]). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Lisogurski with the information indicating the time correlation being calculated based on a pulse transit time between the first biological signal and the second biological signal, wherein the intermittent light emission is pre-determined based on said calculated pulse transit time, in order to ensure a desired cardiac cycle feature of the pulse wave signal is detected.
Alternatively/Additionally, Huiku more expressly discloses a light emission control unit configured to drive a light emitting element of a sensor to perform intermittent light emission based on a detection timing of a first feature (R peak) of a first signal (ECG) and a pulse transit time calculated between the first biological signal and the second biological signal (PTT), wherein the light emission control unit, based on the calculated PTT, makes the light emitting element start light emission at a point when a third period set after detection timing of the first feature (beginning of LED burst) and making the light emitting element turn off at a point when a fourth period set in advance elapses after the light emission starts (end of LED burst) (e.g., ¶ [0049] the central unit may define the LED burst time based on the R peak time and the PTT; ¶ [0050] measuring PTT and adjusting the LED burst time and duration for the individual patient; etc.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Lisogurski with the information indicating the time correlation being calculated based on a pulse transit time between the first biological signal and the second biological signal as taught/suggested by Huiku in order to accurately adjust the timing of the light emission for each heartbeat of the individual patient to ensure a desired cardiac cycle feature of the pulse wave signal is detected (Huiku, ¶¶ [0049]-[0050]).
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive.
Applicant contends Lisogurski does not discloses or suggest the information indicating the time correlation is calculated based on a pulse transit time between the first biological signal and the second biological signal, wherein said intermittent light emission is pre-determined based on said calculated pulse transit time as recited in each of the pending independent claims. Applicant contends the device/method disclosed by Lisogurski is "reactive" in response to trigger, rather than the "predictive" time correlation and light emission control pattern of the present application. Applicant cites paragraphs [0033] and [0060] in support of the alleged "predictive" control.
The examiner respectfully disagrees, and first notes the term "predictive" does not appear at all in Applicant's disclosure. Secondly, the paragraphs cited by Applicant describe a "preparation mode" in which PTT is calculated, and a light emission control pattern defining a light emitting period and a turning-off period of an LED is set (e.g., ¶ [0033]). Following the preparation mode, in a blood pressure measurement mode, "each time the R-wave peak RP of the ECG signal is detected…the light emission control signal for driving the LED 411 of the pulse wave sensor to perform intermittent light emission under the light emission control pattern set under the preparation mode in synchronization with the detection timing of the R-wave peak RP" (¶ [0035]). Accordingly, Applicant discloses, like Lisogurski, that light emission is controlled in response to detection of a trigger, or "reactive" in the terminology used in Applicant's remarks. Further, the language of the claims itself indicates the light emission of the present invention is performed "reactively." For example, claim 1 recites intermittent light emission is performed "based on a detection timing of the first feature" and the light emission control unit "makes the light emitting element turn off in a second period until next detection of the first feature" (emphasis added). Similar limitations are recited in claims 4, 8 and 10.
There is neither any requirement in the claim, nor does Applicant clearly disclose, any light emission control that is not "reactive" to detection of a first feature in the first biological signal. All that is required is that light emission is controlled based on information indicating the time correlation between the first biological signal and the second biological signal, i.e., a pulse transit time. While Lisogurski does not expressly disclose this feature, it is suggested. Specifically, Lisogurski discloses the time period(s) of the light emission control (timing, duration, etc. of light activation following detection of an ECG feature) may be determined by previous measurements, a length of time determined by data collected during previous periods (e.g., ¶ [0139]). Lisogurski further expressly discloses a time offset from a particular ECG signal feature may correlate the cardiac cycle modulation with a desired cardiac cycle feature (e.g., ¶ [0138]), thereby suggesting the time delay between the ECG signal feature and the desired cardiac cycle feature is a suitable previous measurement, or data that may be collected during previous periods, on which to base the light emission control periods. Alternatively/Additionally, Huiku more expressly discloses this feature, and would have been an obvious modification for at least the reasons noted in the rejection(s) of record above.
With respect to claims 6 and 15, Applicant contends, "Lisogurski…does not explicitly disclose or suggest the use of a 'detection signal of heart sound' for the purpose of controlling intermittent light emission from a light emitting element" (Remarks, pg. 16). Similar remarks are presented with respect to claim 15 (pg. 17).
Claims 6 and 15 do not require use of "detection signal of heart sound." Claims 6 and 15 require the first biological signal to be "any of" an ECG signal, a pulse wave signal, a detection signal of heart sound and a detection signal of skin impedance changing in accordance with vibration of a blood vessel. Lisogurski as modified discloses the first biological signal is an ECG signal, which is also the species elected by Applicant in the prior response (see reply filed 23 May 2025, pg. 2), and therefore meets these claims.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Meredith Weare whose telephone number is 571-270-3957. The examiner can normally be reached Monday - Friday, 9 AM - 5 PM.
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/Meredith Weare/Primary Examiner, Art Unit 3791