DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The action is in response to the application filed on 03/08/2023.
Election/Restrictions
Applicant has amended the claims such that the Requirement for Restriction/Election dated 12/09/2025 are moot.
Claims 1-10, 12-21 are pending and examined below.
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)(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, 7, 12, and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20140323828 A1 (hereinafter referred to as “Ahmed”).
Regarding claim 1, Ahmed teaches a photoplethysmography (PPG) control method, wherein the method is applied to an electronic device, the electronic device comprises a PPG module, the PPG module comprises a light emitting module (“a wearable physiological measurement system includes a plurality of light emitters”; paragraph [0012]; Figure 6), and the method comprises:
determining a current measurement environment and/or measurement target (“determine a motion status of the user”; paragraph [0012]; Figure 6),
wherein the measurement environment comprises at least one of motion, rest, and sleep (“exercise, light motion (e.g., walking), no motion or rest, sleep”; paragraph [0124]; Figure 6),
and the measurement target comprises at least one of a heart rate and blood oxygen (“determine a heart rate of the user”; paragraph [0012]; Figure 6),
and determining a light emitting mode of the light emitting module based on the current measurement environment and/or measurement target (“based on the motion status of the user, automatically and selectively activate one or more of the light emitters to determine a heart rate of the user”; paragraph [0012]; “The processing module may adjust the duty cycle of one or more light emitters and the corresponding sampling rate of the one or more light detectors based on the motion status. For example, upon determining that the motion status indicates that the user is at a first higher level of motion, the processing module may activate the light emitters at a first higher duty cycle and sample the reflected light using light detectors sampling at a first higher sampling rate”; paragraph [0125]; Figure 6).
Regarding claim 7, Ahmed further teaches determining a sampling rate of the PPG module based on the current measurement environment (“adjust the duty cycle of one or more light emitters and the corresponding sampling rate”; paragraph [0125]; Figure 6),
using a first sampling rate when the measurement environment is motion (“sampling at a first higher sampling rate”; paragraph [0125]; Figure 6),
or using a second sampling rate when the measurement environment is rest or sleep (“sampling at a second lower sampling rate”; paragraph [0126]; Figure 6),
wherein the first sampling rate is greater than the second sampling rate (“the second sampling rate is lower than the first sampling rate”; paragraph [0126]; Figure 6).
Regarding claim 12, Ahmed teaches an electronic device (“a wearable physiological measurement system”; paragraph [0012]; Figure 6),
wherein the electronic device comprises a memory configured to store a computer program instruction (“one or more non-transitory computer-readable media”; paragraph [0014]; Figure 6),
and a processor configured to execute a computer program instruction (“a processing module configured to”; paragraph [0012]; Figure 6),
and when the computer program instruction is executed by the processor, the electronic device is triggered to perform operations of determining a current measurement environment and/or measurement target (“determine a motion status of the user”; paragraph [0012]; Figure 6),
wherein the measurement environment comprises at least one of motion, rest, and sleep (“exercise, light motion (e.g., walking), no motion or rest, sleep”; paragraph [0124]; Figure 6),
and the measurement target comprises at least one of a heart rate and blood oxygen (“determine a heart rate of the user”; paragraph [0012]; Figure 6),
and determining a light emitting mode of the light emitting module based on the current measurement environment and/or measurement target (“based on the motion status of the user, automatically and selectively activate one or more of the light emitters to determine a heart rate of the user”; paragraph [0012]; “The processing module may adjust the duty cycle of one or more light emitters and the corresponding sampling rate of the one or more light detectors based on the motion status. For example, upon determining that the motion status indicates that the user is at a first higher level of motion, the processing module may activate the light emitters at a first higher duty cycle and sample the reflected light using light detectors sampling at a first higher sampling rate”; paragraph [0125]; Figure 6).
Regarding claim 13, Ahmed teaches a non-transitory computer-readable medium, wherein a computer program is stored in the computer-readable storage medium (“one or more non-transitory computer-readable media”; paragraph [0014]; Figure 6),
and when the computer program is run on a computer, the computer is enabled to perform operations (“computer-executable instructions for performing a method”; paragraph [0014]; Figure 6),
comprising determining a current measurement environment and/or measurement target (“determining a motion status of the user”; paragraph [0014]; Figure 6),
wherein the measurement environment comprises at least one of motion, rest, and sleep (“exercise, light motion (e.g., walking), no motion or rest, sleep”; paragraph [0124]; Figure 6),
and the measurement target comprises at least one of a heart rate and blood oxygen (“determine a heart rate of the user”; paragraph [0014]; Figure 6),
and determining a light emitting mode of the light emitting module based on the current measurement environment and/or measurement target (“based on the motion status of the user, automatically and selectively activate one or more of the light emitters to determine a heart rate of the user”; paragraph [0012]; “The processing module may adjust the duty cycle of one or more light emitters and the corresponding sampling rate of the one or more light detectors based on the motion status. For example, upon determining that the motion status indicates that the user is at a first higher level of motion, the processing module may activate the light emitters at a first higher duty cycle and sample the reflected light using light detectors sampling at a first higher sampling rate”; paragraph [0125]; Figure 6).
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(s) 2, 14, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ahmed as applied to claim 1 above, and further in view of US 2020/0054219 A1 (hereinafter referred to as “Ni”) and US 2010/0324386 A1 (hereinafter referred to as “Moon”)
Regarding claim 2, 14, and 18, Ahmed further teaches that the light emitting module comprises at least one light emitting device (“a plurality of light emitters”; paragraph [0012]; Figure 6),
and determining the light emitting mode of the light emitting module based on the current measurement environment (“automatically and selectively activate one or more of the light emitters”; paragraph [0012]; Figure 6).
Ahmed does not explicitly teach determining the light emitting mode of the light emitting module based on the measurement target and enabling at least one light emitting device to emit green light when the measurement target is a heart rate.
However, Ni teaches determining the light emitting mode of the light emitting module based on the measurement target (paragraph [0060]; Figure 3),
and enabling at least one light emitting device to emit green light when the measurement target is a heart rate (paragraph [0060]; Figure 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ahmed to select Ni’s green emitter for heart-rate measurement because Ni teaches that green light is used for heart-rate detection and would have predictably enabled Ahmed’s wearable PPG system to perform the selected physiological measurement using the known optical mode for that measurement.
Further, Moon teaches enabling at least one light emitting device to alternately emit red light and infrared light when the measurement target is blood oxygen (“During a measurement of SpO2, both the red and infrared LEDs are alternately driven with separate current pulses”; paragraph [0119]; Figure 20). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ahmed, in view of Ni, to use Moon’s alternating red and infrared illumination for blood-oxygen measurement because doing so allows for the measurement of oxygen saturation and would have predictably enabled Ahmed’s wearable PPG system to perform the selected physiological measurement using the known optical mode for that measurement.
Regarding claims 5, 17, and 21, Ahmed further teaches that the light emitting module comprises at least one light emitting device (“a plurality of light emitters”; paragraph [0012]; Figure 6).
Ahmed does not explicitly teach determining the light emitting mode based on the measurement target; selecting the light-emitting device when the measurement target is blood oxygen; and enabling at least one light emitting device to alternately emit red light and infrared light when the measurement target is blood oxygen.
However, Ni teaches determining the light emitting mode based on the measurement target (“For blood oxygen detection”; paragraph [0060]; Figure 3), and selecting the light-emitting device when the measurement target is blood oxygen (“the red/infrared (R/IR) LED is started”; paragraph [0060]; Figure 3). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Ahmed for selecting the light-emitting device when the measurement target is blood oxygen, as taught by Ni, because doing so allows a user to selectively choose the appropriate emitters for measuring oxygen saturation.
Further, Moon teaches enabling at least one light emitting device to alternately emit red light and infrared light when the measurement target is blood oxygen (“both the red and infrared LEDs are alternately driven”; paragraph [0119]; Figure 20). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ahmed, in view of Ni, to use Moon’s alternating red and infrared illumination for blood-oxygen measurement because doing so allows for the measurement of oxygen saturation and would have predictably enabled Ahmed’s wearable PPG system to perform the selected physiological measurement using the known optical mode for that measurement.
Claim(s) 3-4, 8, 15-16, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ahmed as applied to claims 1, 7, 12, and 13 above, and further in view of US 2016/0029898 A1 (hereinafter referred to as “LeBoeuf”).
Regarding claim 3, 15, and 19,Ahmed further teaches that the light emitting module comprises a plurality of light emitting devices (“a plurality of light emitters”; paragraph [0012]; Figure 6),
and determining the light emitting mode based on the measurement environment by selectively activating one or more light-emitting devices (“based on the motion status of the user, automatically and selectively activate one or more of the light emitters to determine a heart rate of the user”; paragraph [0012]; Figure 6).
Ahmed does not explicitly teach enabling a first number of the light emitting devices when the measurement environment is motion, enabling a second number of the light emitting devices when the measurement environment is rest or sleep, and the first number is greater than the second number.
However, LeBoeuf teaches enabling a first number of the light emitting devices when the measurement environment is motion (paragraph [0108]; Figure 7A), enabling a second number of the light emitting devices when the measurement environment is rest or sleep paragraph [0108]; Figure 7A), and the first number is greater than the second number (paragraph [0108]; Figure 7A). It would have been obvious to one of ordinary skill in the art to modify Ahmed’s environment-dependent emitter selection to use LeBoeuf’s greater number of active emitters during motion and smaller number of active emitters during rest or sleep because doing so conserves power during low activity.
Regarding claim 4, 16, and 20, Ahmed teaches that the light emitting module comprises at least one light emitting device (“a plurality of light emitters”; paragraph [0012]; Figure 6),
and determining the light emitting mode based on the measurement environment by changing the emitted wavelength (“the frequency or wavelength of light emitted by the light emitters”; paragraph [0123]; Figure 6).
Ahmed does not explicitly teach enabling at least one light emitting device to emit visible light when the measurement environment is motion or rest, or enabling at least one light emitting device to emit infrared light when the measurement environment is sleep.
However, LeBoeuf teaches enabling at least one light emitting device to emit visible light when the measurement environment is motion or rest (“visible (such as green or yellow) wavelengths”; paragraph [0087]), or enabling at least one light emitting device to emit infrared light when the measurement environment is sleep (“shift from visible...wavelengths to infrared wavelengths”; paragraph [0087]; paragraph [0088]). It would have been obvious to modify Ahmed’s activity-dependent wavelength control to use LeBoeuf’s method of using visible illumination during waking motion or rest and infrared illumination during sleep because doing so avoids visible-light disturbance during sleep and supports reduced-power operation during sleep.
Regarding claim 8, Ahmed teaches wherein the first sampling rate is 100 Hz (“about 100 Hz”; paragraph [0126]; Figure 6).
Ahmed does not explicitly teach wherein the second sampling rate is 25 Hz.
However, LeBoeuf teaches wherein the second sampling rate is 25 Hz (“25 Hz for a heart rate calculation during low physical activity”; paragraph [0121]; Figures 21A–21B). It would have been obvious to one of ordinary skill in the art to select Ahmed’s disclosed 100 Hz sampling rate as the first, higher sampling rate during motion and LeBoeuf’s disclosed 25 Hz sampling rate as the second, lower sampling rate during rest or sleep because doing so reduces power consumption during lower-activity conditions.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ahmed as applied to claim 1 above, and further in view of Ni.
Regarding claim 6, Ahmed teaches further teaches that the light emitting module comprises at least one light emitting device including a plurality of separately controllable light emitters (“a plurality of light emitters”; paragraph [0012]; Figure 6),
selecting one or more light emitters based on the measurement environment (“automatically and selectively activate one or more of the light emitters”; paragraph [0012]; Figure 6),
adjusting the number of active light emitters based on motion status (“the number of light emitters activated”; paragraph [0123]; Figure 6),
and adjusting the wavelength emitted based on motion status (“the frequency or wavelength of light emitted”; paragraph [0123]; Figure 6).
Ahmed does not explicitly teach enabling the first light emitting device and the second light emitting device to emit green light when the measurement target is a heart rate;
However, Ni teaches first and second light emitting devices capable of emitting green light (“two sets of green LEDs”; paragraph [0062]; Figure 5A), when the measurement target is a heart rate (paragraph [0060]; Figure 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ahmed which already teaches adjusting emitters based on motion, to select Ni’s green emitter for heart-rate measurement because Ni teaches that green light is used for heart-rate detection and would have predictably enabled Ahmed’s wearable PPG system to perform the selected physiological measurement using the known optical mode for that measurement.
Allowable Subject Matter
Claims 9, and claims dependent thereof, are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 9, the prior art does not teach or suggest “determining an integration time of the PPG module based on the current measurement environment, and using a first integration time when the measurement environment is motion; or using a second integration time when the measurement environment is rest or sleep, wherein the first integration time is greater than the second integration time” in combination with the other limitations of the claim upon which it depends.
Conclusion
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/ABID A MUSTANSIR/ Examiner, Art Unit 3791
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