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 .
Election/Restrictions
Applicant’s election without traverse of Species II (Fig. 5) in the reply filed on 07/16/2025 is acknowledged.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This are:
“means for communicating”.. interpreted to be a microcontroller, Spec. para. 0081.
“means for automatically accessing…calibration data” (see 112(a),(b) below)
“means for adjusting said apparatus…to produce calibrated measurements” (see 112(a),(b) below).
“means of recording information in said non-volatile memory” (see 112(a),(b) below).
“means of retrieving information of said non-volatile memory” (see 112(a),(b) below).
“means of automatically retrieving said unique identifier” (see 112(a),(b) below)
“means for automatically retrieving said calibration data from said unique identifier” (see 112(a),(b) below).
“means for automatically retrieving said calibration data from said calibration data” (see 112(a),(b) below).
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-18 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The claims set forth “means for automatically accessing…calibration data” (see 112(a),(b) below)
“means for adjusting said apparatus…to produce calibrated measurements” “means of recording information in said non-volatile memory” ,“means of retrieving information of said non-volatile memory” ,“means of automatically retrieving said unique identifier” ,“means for automatically retrieving said calibration data from said unique identifier” ,“means for automatically retrieving said calibration data from said calibration data” , however such limitations were not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention
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 35 U.S.C. 112 (pre-AIA ), 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.
Claims 1-28 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claims 1, 19, 23 it is set forth a diffuse optical imaging limitation in the preamble, however, the body of the claim does not have any step/element performing any imaging; therefore it is unclear.
In claim 1, it is set forth “and calibration data” as if it was a structure of the apparatus but it is unclear as to how data would be a structure.
In claim 9 it is set forth that the unique identifier is stored in memory on said at leas one sensor module; so, is the unique identifier a structural element or simple can be information stored; if so does the sensor module comprises a memory as implied in claim 9 and if so, the sensor module needs to set forth such memory as part of the structure it comprises.
In claim 21 it is set forth to “computational adjust” said measurement data; it is unclear what is meant by “adjust” what is that is done to the data to be considered as adjusted.
Claim element “means for adjusting said apparatus…to produce calibrated measurements” “means of recording information in said non-volatile memory” ,“means of retrieving information of said non-volatile memory” ,“means of automatically retrieving said unique identifier” ,“means for automatically retrieving said calibration data from said unique identifier” ,“means for automatically retrieving said calibration data from said calibration data”
are limitations that invokes 35 U.S.C. 112, sixth paragraph. However, the written description fails to clearly link or associate the disclosed structure, material, or acts to the claimed function such that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or 35 U.S.C. 112 (pre-AIA ), sixth paragraph; or
(b) Amend the written description of the specification such that it clearly links or associates the corresponding structure, material, or acts to the claimed function without introducing any new matter (35 U.S.C. 132(a)); or
(c) State on the record where the corresponding structure, material, or acts are set forth in the written description of the specification and linked or associated to the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 3-4, 6-13, 15-21, 23-26, 28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by California (US 2015/0351635).
As per claim 1, CALIFORNIA discloses an apparatus for performing diffuse optical imaging of a patient (a diffuse optical spectroscopic imaging (DOSI) apparatus for tissue spectroscopy; abstract), said apparatus comprising: a computer (FIG. 1 shows host/network computer 12; FIG. 1); at least one sensor module comprising at least one optical source, at least one photodetector, and calibration data specific to said at least one sensor module (microprocessor 30 providing overall circuit control and synchronization comprising laser light source 104, optical detector 106, where 200V DC is supplied as a precisely stabilized and calibrated voltage source to ADP 16 to maintain calibration of photodetectors and connected to optical detector 106; FIG. 1; paragraphs [0044).[0051]); means for communicating between said computer and said at least one sensor module (microprocessor 30 provides overall circuit control, synchronizaiion, parameter settings and bidirectional communication with an external host or network computer 12; paragraph [0044]); means for automatically accessing said calibration data (the output of ADP 16 calibration data is coupled through a matching network 134 to RF amplifiers 136 for input to amplitude detection circuit 108 connected to computer 12; paragraphs [0044],[0051]); and means for adjusting said apparatus in order to produce calibrated measurements (200V DC is supplied as a precisely stabilized and calibrated voltage source to ADP 16 to maintain calibration of photodetectors; paragraph [0051]).
As per claim 3, CALIFORNIA discloses the apparatus of claim 1 wherein said at least one sensor module comprises a unique identifier (chromophore identification and quantification supplied to microprocessor; paragraph [0057]), and said apparatus further comprises a means of automatically retrieving said unique identifier from said at least one sensor module and means for automatically retrieving said calibration data from said unique identifier (phase detector 62 is supplied to microprocessor with the output of the amplitude detector 56 which are supplied to computer 12 for data reduction to calculate optical absorption allowing for chromophore identification and quantification in the tissue 14; paragraph [0057]).
As per claim 4, CALIFORNIA discloses the apparatus of claim 3 wherein said calibration data is stored in an external database, and further wherein said apparatus comprises means for retrieving said calibration data from said database (chromophore identification and quantification on the computer 12 which the output of ADP 16 calibration data is coupled through a matching network 134 to RF amplifiers 136 for input to amplitude detection circuit 108 connected to computer 12; paragraphs [0044],[0051],[0057]).
As per claim 6, CALIFORNIA discloses the apparatus of claim 4 wherein the database is stored in memory on said at least one sensor module (microprocessor 30 gathers the data from the amplitude and phase detector circuits 56 and 62 respectively with a built-in analog-to-digital converter (ADC); paragraph [0049]).
As per claim 7, CALIFORNIA discloses the apparatus of claim 4 wherein the database is stored on said computer (chromophore identification and quantification on the computer 12 which the output of ADP 16 calibration data is coupled through a matching network 134 to RF amplifiers 136 for input to amplitude detection circuit 108 connected to computer 12; paragraphs [0044],[0051],[0057]).
As per claim 8, CALIFORNIA discloses the apparatus of claim 3 wherein said unique identifier comprises an optically readable code (phase detector 62 is supplied to microprocessor with the output of the amplitude detector 56 which are supplied to computer 12 for data reduction to calculate optical absorption allowing for chromophore identification and quantification in the tissue 14 and with tomographic images from the tissue 14; paragraph [0057]).
As per claim 9, CALIFORNIA discloses the apparatus of claim 3 wherein said unique identifier is stored in memory on said at least one sensor module (phase detector 62 is supplied to microprocessor with the output of the amplitude detector 56 which are supplied to computer 12 for data reduction to calculate optical absorption allowing for chromophore identification and quantification in the tissue 14 and with tomographic images from the tissue 14; paragraph [0057]).
As per claim 10, CALIFORNIA discloses the apparatus of claim 1 wherein said apparatus further comprises an interface electronics module, wherein said computer and said at least one sensor module communicate with said interface electronics module (apparatus includes a multipart AID control unit with a wireless interface to control the signal generator, driver, light source, optical detector,
amplitude, and phase detection circuit necessary to gather data; paragraph [0022]).
International application No.
PCT/US22/47314
Asper claim 11, CALIFRONIA discloses the apparatus of claim 1 wherein said at least one sensor module further comprises electronic components configured to control the output of said at least one optical source (apparatus includes a multipart AID control unit with a wireless interface to control the signal generator, driver, light source, optical detector, amplitude, and phase detection circuit necessary to gather data; paragraph [0022]).
As per claim 12, CALIFORNIA discloses the apparatus of claim 1 wherein said at least one sensor module further comprises electronic components configured to modulate the output of said at least one optical source at a frequency greater than the AC line frequency (the local signal generator generates a fixed high frequency signal (3-GHz) and a swept broadband signal in a lower frequency band (2.0-2.9 GHz) and mixes the fixed high frequency signa_l with the swept broadband signal to modulate the light source; paragraph [0015]).
As per claim 13, CALIFORNIA discloses the apparatus of claim 1 wherein said at least one sensor module further comprises electronic components selected from the group consisting of a visible indicator, a proximity sensor (optical detector can be placed in proximity with the measured specimen and used in conjunction with a light guide (fiber optic) and lens system to transmit the optical signals to the detector; paragraph [0027)), a temperature sensor (signal generator 100 and optical detector 106 generate frequencies by combining voltage controlled oscillator with the stability of a 10-MHz temperature-compensated crystal oscillator (TXCO); paragraph [0046]), a microcontroller unit (MCU) (microcontroller 30 controlling phased locked loop variable oscillator 46; paragraph [0052]), a bus extender (5 volt voltage regulator 130 is supplied by the 6 volt power bus 132 of circuit 10; paragraph [0051)), a digital trimpot, an electronic switch (RF modulating signal from signal generator 100 is coupled to a bistate RF switch 114; paragraph [0050)), an analog-to-digital converter (ADC) (amplitude and phase detector circuits 56 and 62 respectively contain a built-in analog-to-digital converter (ADC); paragraph [0049]), an amplifier (the output of ADP 16 is coupled through a matching network 134 to RF amplifiers 136 for input to amplitude detection circuit 108; paragraph [0051)), and a driver circuit for said at least one optical source (laser driver 102 with a laser source 104; paragraph [0058)).
As per claim 15, CALIFORNIA discloses the apparatus of claim 1 wherein said calibration data comprises previously-measured wavelengths of said at least one optical source (200V DC is supplied as a precisely stabilized and calibrated voltage source to ADP 16 to maintain calibration of photodetectors; paragraph (0051]).
As per claim 16, CALIFORNIA discloses the apparatus of claim 1 wherein said means for communicating between said computer and said at least one sensor module comprises a multi-conductor cable connecting said at least one sensor ·module to said computer (multipart AID control unit with an integrated USB to control the signal generator, driver, light source, optical detector, and amplitude and phase detection circuits; paragraph [0022]).
As per claim 17, CALIFORNIA discloses the apparatus of claim 16 wherein a single conductor of said multi-conductor cable is configured to provide at least one selected from the group consisting of (i) providing electrical power to said at least one sensor module (multipart AID control unit with an integrated USB to control the optical detector; paragraph [0022]); (ii) communicating digital control signals between saic computer and said at least one sensor module (multipart AID control unit with an integrated USB and digital interface to control the optical detector; paragraph [0022]); and (iii) communicating analog signals between said computer and said at least one sensor module (multipart AID control unit connected with USB top optical detector; paragraph [0022]).
As per claim 18, CALIFORNIA discloses the apparatus of claim 1 wherein said sensor module is wirelessly connected to said computer (apparatus includes a multipart AID control unit with an integrated wireless interface to control signal generator, driver, light source, optical detector, amplitude and phase detection circuit and plurality of filters and amplifiers necessary to gather data; paragraph [0022)).
As per claim 19, CALIFORNIA discloses a method for calibrating apparatus used in performing diffuse optical imaging of a patient, said method comprising: providing apparatus comprising (a diffuse optical spectroscopic imaging (DOSI) apparatus for tissue spectroscopy; abstract): a computer (FIG. 1 shows host/network computer 12; FIG. 1); and a sensor module comprising; at least one light source; at least one light detector; and calibration data specific to said sensor module (microprocessor 30 providing overall circuit control and synchronization comprising laser light source 104, optical detector 106, where 200V DC is supplied as a precisely stabilized and calibrated voltage source to ADP 16 to maintain calibration of photodetectors and connected to optical detector 106; FIG. 1; paragraphs [0044),(0051]); accessing said calibration data from said sensor module (the output of ADP 16 calibration data is coupled through a matching network 134 to RF amplifiers 136 for input to amplitude detection circuit 108 connected to computer 12; paragraphs (0044],[0051]); and using said calibration data to adjust said apparatus (200V DC is supplied as a precisely stabilized and calibrated voltage source to ADP 16 to maintain calibration of photodetectors; paragraph [0051]).
As per claim 20, CALIFORNIA discloses the method of claim 19 further comprising: securing said calibrated sensor module to the patient such that said at least one light source and said at least one detector are positioned against the skin of the patient (the optical detector can be placed in contact with the measured specimen such as skin tissue; paragraph [0027]); actuating said at least one light source and said at least one detector; and measuring light absorbed by the tissue of the patient using said at least one detector and obtaining measurement data corresponding to the light absorbed by the tissue of the patient (signal generator 100 connected to a driver 102 which drives ·a laser light source 104 for exposing tissue 14 and an optical detector 106 optically detects a returned optical signal from tissue 14, which is measured in an amplitude detection circuit 108; paragraph [0044]).
As per claim 21, CALIFORNIA discloses the method of claim 20 wherein said calibration data is used to computationally adjust said measurement data (the output of ADP 16 calibration data is coupled through a matching network 134 to RF amplifiers 136 for input to amplitude detection circuit 108 connected to computer 12 and 200V DC is supplied as a precisely stabilized and calibrated voltage source to ADP 16 to maintain calibration of photodetectors; paragraphs [0044],[0051]).
International application No.
PCT/US22/47314
As per claim 23, CALIFORNIA discloses apparatus for performing diffuse optical imaging of a patient, said apparatus comprising (a diffuse optical spectroscopic imaging (DOSI) apparatus for tissue spectroscopy; abstract): a sensor module comprising: at least one light source; at least one light detector; and a unique label disposed on an exterior surface of said sensor module (microprocessor 30 providing overall circuit control and synchronization comprising laser light source 104, optical detector 106, where 200V DC is supplied as a precisely stabilized and calibrated voltage source to ADP 16 to maintain calibration of photodetectors and connected to optical detector 106; FIG. 1; paragraphs [0044],[0051]), wherein said unique label comprises calibration data corresponding to said sensor module (phase detector 62 is supplied to microprocessor with the output of the amplitude detector 56 which are supplied to computer 12 for data reduction to calculate optical absorption allowing for chromophore identification and quantification in the tissue 14; paragraph [0057]).
As per claim 24, CALIFORNIA discloses the apparatus of claim 23 wherein said unique label comprises an optically-readable code (phase detector 62 is supplied to microprocessor with the output of the amplitude detector 56 which are supplied to computer 12 for data reduction to calculate optical absorption allowing for chromophore identification and quantification in the tissue 14 and with tomographic images from the tissue 14; paragraph [0057]).
As per claim 25, CALIFORNIA discloses the apparatus of claim 23 wherein said calibration data is stored in memory on said sensor module (the output of ADP 16 calibration data is coupled through a matching network 134 to RF amplifiers 136 for input to amplitude detection circuit 108 connected to computer 12; paragraphs [0044],[0051]).
As per claim 26, CALIFORNIA discloses the apparatus of claim 23 further comprising: a database comprising calibration data for said sensor module, wherein said calibration data said sensor module is associated with said unique identifier for that sensor module (phase detector 62 is supplied to microprocessor with the output of the amplitude detector 56 which are supplied to computer 12 for data reduction to calculate optical absorption allowing for chromophore identification and quantification in the tissue 14; paragraph [0057]).
As per claim 28, CALIFORNIA discloses the apparatus of claim 26 wherein said database is stored in memory on each of said plurality of sensor modules (microprocessor 30 gathers the data from the amplitude and phase detector circuits 56 and 62 respectively with a built-in analog-to-digital converter (ADC); paragraph [0049]).
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.
Claim(s) 2, 5, 22, 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over California in view of Triaj (WO 2021/076661).
As per claim 2, CALIFORNIA discloses the apparatus of claim 1. CALIFORNIA fails to disclose wherein said at least one sensor module comprises non-volatile memory, a means of recording information in said non-volatile memory, and a means of retrieving information from said non-volatile memory.
However, TRIAJ discloses wherein said at least one sensor module comprises non-volatile memory (computer system 300 comprises a non-volatile storage device 335; paragraph [00103]), a means of recording information in said non-volatile memory, and a means of retrieving information from said non-volatile memory (storage devices 335 provide non-volatile storage of machine-readable instructions, data structures, program modules and other data for the computer system 300; paragraph [00103]).
It would be obvious to one of ordinary skill in the art before the effective filling edate to take the apparatus as taught by CALIFORNIA and add wherein said at least one sensor module comprises non-volatile memory, a means of recording information in said non-volatile memory, and a means of retrieving information from said non-volatile memory as taught by TRIAJ to gain the advantage of having a dedicated device or system for saving data to during operation of the apparatus.
As per claim 5, CALIFORNIA discloses the apparatus of claim 4. CALIFORNIA fails to disclose wherein said database is stored on a server accessible on a network. However, TRIAJ discloses wherein said database is stored on a server accessible on a network (computer system 300 can be in the form of a server and connected to a network interface 320; paragraphs [0099-00100]). It would be obvious to one of ordinary skill in the art before the effective filling data to take the apparatus as taught by CALIFORNIA and add wherein said database is stored on a server accessible on a network as taught by TRIAJ to gain the advantage of having the ability to put large amounts of data into the system if a server is hosting the information and can be accessed via a network connection.
As per claim 22, CALIFORNIA discloses the method of claim 19. CALIFORNIA fails to disclose wherein said sensor module is wirelessly connected to said computer. However, TRIAJ discloses wherein said sensor module is wirelessly connected to said computer (the computer can access molecular profiling data and can be connected by a wireless communication signal carrier wave; paragraph [00132]). It would be obvious to one of ordinary skill in the art before the effective filling date to take the method as taught by CALIFORNIA and add wherein said sensor module is wirelessly connected to said computer as taught by TRIAJ to gain the advantage of having the ability to have more flexibility with the system by allowing the computer_ to be farther away from the sensor.
As per claim 27, CALIFORNIA discloses the apparatus of claim 26. CALIFORNIA fails to disclose wherein said database is stored on a server accessible on a network. However, TRIAJ discloses wherein said database is stored on a server accessible on a network (computer system 300 can be in the form of a server and connected to a network interface 320; paragraphs [0099-00100]). It would be obvious to one of ordinary skill in the art before the effective filling date to take the apparatus as taught by CALIFORNIA and add wherein said database is stored on a server accessible on a network as taught by TRIAJ to gain the advantage of having the ability to put large amounts of data into the system if a server is hosting the information and can be accessed via a network connection.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over California in view of Canon (US 2016/0228009)
As per claim 14, CALIFORNIA discloses the apparatus of claim 1. CALIFORNIA fails to disclose wherein said at least one sensor module further comprises an electronic sensor configured as a safety interlock to prevent illuminating said at least one optical source when said at least one sensor module is not attached to the patient.
However, CANON discloses wherein said at least one sensor module further comprises an electronic sensor configured as a safety interlock to prevent illuminating said at least one optical source when said at least one sensor module is not attached to the patient (to ensure safety to human skin, the processor 7 determines whether the energy density measured by the power meter 10a exceeds a value, then processor 7 makes an adjustment' to lower the illumination intensity of the light source 1 to ensure safety; paragraph [0082]).
It would be obvious to one of ordinary skill in the art before the effective filling date to take the apparatus as taught by CALIFORNIA and add wherein said at least one sensor module further comprises an electronic sensor configured as a safety interlock to prevent illuminating said at least one optical source when said at least one sensor module is not attached to the patient as taught by CANON to gain the advantage of ensuring patient safety during operation of the apparatus.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH M SANTOS RODRIGUEZ whose telephone number is (571)270-7782. The examiner can normally be reached Monday-Friday 8:30am to 5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anne M. Kozak can be reached at 571-270-0552. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH M SANTOS RODRIGUEZ/Primary Examiner, Art Unit 3797