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 Amendment
Claims 1 and 2-8 are pending. Amendments overcome the rejection. New grounds of rejection due to amendments are set forth.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-7 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Khuri-Yakub et al. (US 20240346120- Previously cited), hereinafter Khuri.
Regarding claim 1, Khuri teaches a patient identification and vitals screening device comprising:
a housing defining an interior space (see figs. 3, 21, 24, 27, and 30, multiple embodiments of a housing that incorporate the components of system 10);
a fingerprint scanner attached to the housing, wherein the fingerprint scanner is configured for generating a fingerprint scan from a finger of a patient positioned upon the fingerprint scanner, such that the patient can be identified (see para. [0161], “an image of the user's tissue such as an image of a fingerprint or other tissue surface”);
and a pulse oximeter attached to the housing and positioned within the fingerprint scanner, wherein the pulse oximeter is configured for measuring a pulse rate and a blood oxygen level of the patient (see para. [0024,0056,0174], “the sensor comprises a fingerprint sensor and a pulse oximetry sensor” and “an algorithm configured to analyze life signs of a user (e.g. pulse oximetry, blood glucose, heart rate, blood pressure, respiration, EKG, EEG, LFP, and/or neuronal firing” indicating that the processor is configured to analyze the light reflection data to obtain a plurality of physiological parameters),
wherein the pulse oximeter comprises: a red light emitting diode; an infrared light emitting diode (see para. [0157-158,0161], one of ordinary skill in the art understands that pulse oximetry sensors are considered optical transducers; see para. [0205], sensor 100 comprises light based sensor, as a pulse oximeter; see para. [0402], “pulse oximetry, the wavelength of the probing light 4912 is typically near 660 nm while the wavelength of the signal light 4916 is typically near 940 nm” indicating that pulse oximetry is performed with red (660nm) and infrared (940nm) diodes); and a photodiode positioned for detecting red light and infrared light reflected from tissues of the finger positioned upon the fingerprint scanner (see para. [0407], “A light source and photodetector for pulse oximetry “ indicating that a photodiode is required by a pulse oximeter to analyze the reflected light).
Regarding claim 3, Khuri teaches a power module attached to the housing and positioned in the interior space (see para. [0215] and figs. 29-30, sensor device 100 can comprise a power module);
a transmission module attached to the housing and positioned in the interior space (see para. [0161,0214-215,0238,0409-416], a communicator integrated into the device);
and a microprocessor attached to the housing and positioned in the interior space, the microprocessor being operationally engaged to the fingerprint scanner, the pulse oximeter, the power module, and the transmission module, such that the microprocessor is enabled for selectively actuating the transmission module for transmitting the fingerprint scan, the pulse rate, and the blood oxygen level of the patient to an electronic device of a healthcare worker (see para. [0161,0166-167,0203], the controller comprises a microprocessor that can connects to all components of system 10 to a central network that can be accessed by healthcare workers via a user device 500; “System 10 can include one, two, or more user devices, user device 500 shown”).
Regarding claim 4, Khuri teaches wherein the transmission module and the power module comprise a data and power cable (see para. [0037], “The sensor can be configured to receive power from the user device via a wired and/or wireless connection”; see para. [0161], “Communicator 570 can comprise a wired communication assembly,”).
Regarding claim 5, Khuri teaches wherein the data and power cable comprising a Universal Serial Bus cable (see para. [0215], “connects to user device 500 via a USB connection”).
Regarding claim 6, Khuri teaches a speaker attached to the housing (see para. [0161], speaker can be included in the housing);
and the microprocessor being operationally engaged to the speaker, such that the microprocessor is enabled for selectively actuating the speaker for broadcasting an audio signal upon the fingerprint scanner obtaining the fingerprint scan (see para. [0187,0213], “During a confirmation routine, the multiple fingerprints are collected (e.g. by sensor 100) and confirmed (e.g. by algorithm 60)” and “system 10 provides feedback to the user (e.g. via user interface 550, and/or 650) as to which fingerprint is to be collected next” indicates that audio feedback can be actuated based on obtaining a scan and requesting the next fingerprint).
Regarding claim 7, Khuri teaches a housing defining an interior space;
a housing defining an interior space (see figs. 3, 21, 24, 27, and 30, multiple embodiments of a housing that incorporate the components of system 10);
a fingerprint scanner attached to the housing, wherein the fingerprint scanner is configured for generating a fingerprint scan from a finger of a patient positioned upon the fingerprint scanner, such that the patient can be identified (see para. [0161], “an image of the user's tissue such as an image of a fingerprint or other tissue surface”);
and a pulse oximeter attached to the housing and positioned within the fingerprint scanner, wherein the pulse oximeter is configured for measuring a pulse rate and a blood oxygen level of the patient (see para. [0024,0056,0174], “the sensor comprises a fingerprint sensor and a pulse oximetry sensor” and “an algorithm configured to analyze life signs of a user (e.g. pulse oximetry, blood glucose, heart rate, blood pressure, respiration, EKG, EEG, LFP, and/or neuronal firing” indicating that the processor is configured to analyze the light reflection data to obtain a plurality of physiological parameters),
the pulse oximeter comprising: a red light emitting diode; an infrared light emitting diode (see para. [0157-158,0161], one of ordinary skill in the art understands that pulse oximetry sensors are considered optical transducers; see para. [0205], sensor 100 comprises light based sensor, as a pulse oximeter; see para. [0402], “pulse oximetry, the wavelength of the probing light 4912 is typically near 660 nm while the wavelength of the signal light 4916 is typically near 940 nm” indicating that pulse oximetry is performed with red (660nm) and infrared (940nm) diodes); and a photodiode positioned for detecting red light and infrared light reflected from tissues of the finger positioned upon the fingerprint scanner (see para. [0407], “A light source and photodetector for pulse oximetry “ indicating that a photodiode is required by a pulse oximeter to analyze the reflected light);
a speaker attached to the housing (see para. [0161], speaker can be included in the housing);
a power module attached to the housing and positioned in the interior space (see para. [0215] and figs. 29-30, sensor device 100 can comprise a power module); a transmission module attached to the housing and positioned in the interior space (see para. [0161,0214-215,0238,0409-416], a communicator integrated into the device), the transmission module and the power module comprising a data and power cable (see para. [0037], “The sensor can be configured to receive power from the user device via a wired and/or wireless connection”; see para. [0161], “Communicator 570 can comprise a wired communication assembly”), the data and power cable comprising a Universal Serial Bus cable (see para. [0215], “connects to user device 500 via a USB connection”);
and a microprocessor attached to the housing and positioned in the interior space, the microprocessor being operationally engaged to the fingerprint scanner, the pulse oximeter, the power module, and the transmission module, such that the microprocessor is enabled for selectively actuating the transmission module for transmitting the fingerprint scan, the pulse rate, and the blood oxygen level of the patient to an electronic device of a healthcare worker (see para. [0161,0166-167,0203], the controller comprises a microprocessor that can connects to all components of system 10 to a central network that can be accessed by healthcare workers via a user device 500; “System 10 can include one, two, or more user devices, user device 500 shown”), the microprocessor being operationally engaged to the speaker, such that the microprocessor is enabled for selectively actuating the speaker for broadcasting an audio signal upon the fingerprint scanner obtaining the fingerprint scan (see para. [0187,0213], “During a confirmation routine, the multiple fingerprints are collected (e.g. by sensor 100) and confirmed (e.g. by algorithm 60)” and “system 10 provides feedback to the user (e.g. via user interface 550, and/or 650) as to which fingerprint is to be collected next” indicates that audio feedback can be actuated based on obtaining a scan and requesting the next fingerprint).
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.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Khuri in view of Davidovics et al. (US 20210104304- Previously cited), hereinafter Davidovics.
Regarding claim 8, Khuri teaches a patient identification and vitals screening system comprising:
a server; a plurality of fingerprint scans positioned on the server; a plurality of healthcare records positioned on the server, each healthcare record being associated with a respective fingerprint scan;
an electronic device in possession of, or accessible to, a healthcare worker, the electronic device being communicatively engaged to the server (see para. [0038,0159,0176], “User information and/or other information collected and/or produced by a component of the system can be transferred via the network to one or more central locations” indicating that information, e.g., fingerprint, physiologic, etc., can be saved to a server/central location that stores the information for each user and associated with each user biometric information);
a patient identification and vitals screening device operationally engaged to the electronic device and comprising (see para. [0161,0166-167,0203], the controller comprises a microprocessor that can connects to all components of system 10 to a central network that can be accessed by healthcare workers via a user device 500; “System 10 can include one, two, or more user devices, user device 500 shown”; That is, the electronic device and the screening device are two separate user devices 500):
a housing defining an interior space, a fingerprint scanner attached to the housing, wherein the fingerprint scanner is configured for generating a fingerprint scan from a finger of a patient positioned upon the fingerprint scanner (see para. [0161], “an image of the user's tissue such as an image of a fingerprint or other tissue surface”),
a pulse oximeter attached to the housing and positioned within the fingerprint scanner, wherein the pulse oximeter is configured for measuring a pulse rate and a blood oxygen level of the patient (see para. [0024,0056,0174], “the sensor comprises a fingerprint sensor and a pulse oximetry sensor” and “an algorithm configured to analyze life signs of a user (e.g. pulse oximetry, blood glucose, heart rate, blood pressure, respiration, EKG, EEG, LFP, and/or neuronal firing” indicating that the processor is configured to analyze the light reflection data to obtain a plurality of physiological parameters), a power module attached to the housing and positioned in the interior space (see para. [0215] and figs. 29-30, sensor device 100 can comprise a power module);
a transmission module attached to the housing and positioned in the interior space, and a microprocessor attached to the housing and positioned in the interior space, the microprocessor being operationally engaged to the fingerprint scanner, the pulse oximeter, the power module, and the transmission module, such that the microprocessor is enabled for selectively actuating the transmission module for transmitting the fingerprint scan, the pulse rate, and the blood oxygen level of the patient to the electronic device of the healthcare worker (see para. [0161,0166-167,0203], the controller comprises a microprocessor that can connects to all components of system 10 to a central network that can be accessed by healthcare workers via a user device 500; “System 10 can include one, two, or more user devices, user device 500 shown”);
and wherein the processor is enabled for identifying the patient by comparison of the fingerprint scan obtained by the fingerprint scanner to the plurality of fingerprint scans and for presenting an associated healthcare record on the electronic device of the healthcare worker (see para. [0248], “A pattern-matching algorithm can then compare the digital image to a database of fingerprints of “allowed” individuals. If a match is found, the security system infers that the candidate is one of the allowed individuals. In this case, the security system can then grant access to the candidate”; see para. [0176,0203], healthcare workers are able to access health records).
Khuri fails to teach wherein the server is enabled for identifying the patient by comparison of the fingerprint scan obtained by the fingerprint scanner to the plurality of fingerprint scans and for presenting an associated healthcare record on the electronic device of the healthcare worker (emphasis added).
Davidovics teaches a system for patient authorization to allow patient to control and provide a safe, secure and efficient real-time access to the patient's private health records, by using a server to receive and perform the steps of comparing the input information with the database information for proper health record retrieval (see abstract and para. [0089]).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the device of Khuri, such that the step in the last limitation is performed by a server instead of on the device, as taught by Davidovics, as it allows patients to use different mobile devices and confirm their identity (see para. [0089]). Additionally, this would merely be applying a known technique (user authorization via a server) to improve similar systems (biometric medical device systems) in the same way.
Response to Arguments
Applicant's arguments filed 10/01/2025 have been fully considered but they are not persuasive.
Applicant contends that the inventive focus of Kuhri relates to ultrasound and not optical sensing integrated with a fingerprint scanner, on page 6 of the Remarks. The examiner disagrees. Khuri’s invention comprises a plurality of sensors, data processing, and physiological parameter output.
As used herein, the term “user parameter”, or “operator parameter”, comprises one or more parameters associated with a user (also referred to as an “operator”) of the system of the present inventive concepts. A user parameter can comprise a user physiologic parameter, such as a physiologic parameter selected from the group consisting of: temperature (e.g. tissue temperature); pressure such as blood pressure or other body fluid pressure; pH; a blood gas parameter; blood glucose level; hormone level; heart rate; respiration rate; and combinations of these. Alternatively or additionally, a user parameter can comprise a user environment parameter, such as an environment parameter selected from the group consisting of: user geographic location; temperature; pressure; humidity level; light level; time of day; and combinations of these.
See para. [0153].
As used herein, an “optical transducer” (also referred to as “optical element”) can refer to one or more components configured to transmit light (e.g. a diode such as a laser diode) and/or one or more components configured to receive and/or facilitate the travel of light (e.g. a lens, prism, optical fiber, and the like). The systems, devices, and methods of the present inventive concepts include one, two, or more sensors (e.g. ultrasound-based sensors, capacitive sensors, and/or light-based sensors) that are configured to collect data of a user. The data collected (e.g. fingerprint data, pulse oximetry data, and/or other physiologic and anatomic data) can be used to verify that a proper user is present for use of a device or system.
See para. [0157-158].
Algorithm 60 can comprise an algorithm configured to analyze life signs of a user (e.g. pulse oximetry, blood glucose, heart rate, blood pressure, respiration, EKG, EEG, LFP, and/or neuronal firing), such as to identify and/or characterize a user via the analysis (e.g. an analysis of a single physiologic parameter or multiple physiologic parameters in combination).
See para. [0174].
Sensor 100 can comprise one, two or more sensors. Sensor 100 can comprise multiple sensors that are similar, and/or multiple sensors that are dissimilar (e.g. two or more different fingerprint sensors). Sensor 100 can comprise one or more sensors that are integral to (e.g. positioned on and/or within, and operably attached to) another component of system 10 (e.g. integral to user device 500), as well as one or more sensors that are integral to a different component of system 10 (e.g. integral to FOB 600, accessory device 700, and/or a different user device 500).
See para. [0174]. That is, while Khuri’s invention does disclose an ultrasound fingerprint scanner, it is not the only type that can integrated within the sensor system. Therefore, it is asserted that the claimed subject matter is disclosed by the reference cited.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Taylor teaches the pulse oximeters conventionally comprise two different light wavelengths to measure blood oxygen. US 4759369
Ammar Al-Ali teaches that pulse oximeters are conventionally used to measure blood oxygen and pulse rate. US 10448871 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARTIN NATHAN ORTEGA whose telephone number is (571)270-7801. The examiner can normally be reached M-F 7:10 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert (Tse) Chen can be reached at (571) 272-3672. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARTIN NATHAN ORTEGA/Examiner, Art Unit 3791 /TSE W CHEN/Supervisory Patent Examiner, Art Unit 3791