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, 3-6, 8-14, and 16-32 remain pending in the application in response to the applicant’s amendments to the rejections previously set forth in the Non-Final Office Action mailed 10/22/2025.
Response to Arguments
Applicant's arguments filed 01/16/2026 have been fully considered but they are not persuasive.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “the claims of the present application are directed to methods of mitigating the risk of eye injury that could otherwise be caused by devices that use high-intensity light” (see pg. 10, para. 1 of applicant’s remarks) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
For claim 1, the applicant also argues “The pulse wave detection process is intended to determine whether a finger is being applied to the apparatus disclosed in Couronne…Therefore, the cited parts of Couronne clearly do not teach "preventing the light source system from emitting light through the surface if the biological target is not covering the surface”…” (see pg. 11, para. 1-2 of applicant’s remarks), and the examiner disagrees.
Couronne teaches determining, based on the target detection data (pulse waves), whether the biological target (finger) is covering a surface through which a portion of the light source system (red diode/first light source) is configured to emit light (Fig. 2; see para. 0044 "In step 2030 the infrared channel (IR channel) or the signal 1132 of the light sensitive element is scanned and, as described above, evaluated for example to detect a pulse wave as an indication whether a finger is applied. It is tested in step 2040 whether a pulse wave was detected."; see para. 0013 – “Further, a red diode forms an embodiment for the first light source…”), and
preventing the light source system (red diode) from emitting light through the surface if the biological target (finger) is not covering the surface, which is determined based on target detection data (pulse waves) (Fig. 2; see para. 0044 - "If no pulse wave was detected (no) [no finger], step 2030 is repeated [red diode/light source off].”; see para. 0026 – “…to switch on the first light source 1310 as soon as the evaluation indicates that a finger is applied to the optoelectronic sensor arrangement 1130.”; see para. 0028 – “Further embodiments of the control means 1410 are implemented to switch off the first light source as soon as the above-mentioned evaluation indicates that no finger is applied to the optoelectronic sensor arrangement 1130.”).
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:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 3-5, 8-14, 16-18, 20-23, 25-29, and 31-32 are rejected under 35 U.S.C. 103 as being unpatentable over Couronne et al. (US 20110237912 A1, published September29, 2011) in view of Kitchens et al. (US 20190377962 A1, published December12, 2019), hereinafter referred to as Couronne and Kitchens, respectively.
Regarding claim 1, and similarly for claims 14, 21, and 27, Couronne teaches an apparatus (Fig. 1, device 1100; Fig. 2), comprising:
a light source system (Fig. 1, red diode 1310 and measurement photodiode 1330 as light source system);
a target detection system including a touch sensor system, a force sensor system, one or more mechanical switches, one or more electrical switches, one or more magnetic switches, one or more magnets configured for electrical continuity, an optical sensor system, one or more cameras, or combinations thereof (see para. 0042 "Here, the infrared diode 1320 is switched on simultaneously with the sensor 1130. The signal from the measurement photodiode 1330 is continuously requested or scanned and evaluated to be able to determine whether the finger of the driver is positioned opposite the optical sensor 1130 and the pulse waves may be detected." Infrared diode 1320 and measurement photodiode 1330 (optical sensor system) as target detection system); and
a control system (control means 1410) including one or more general purpose single- or multi chip processors, digital signal processors (DSPs), application specific integrated circuits (ASICs), field programmable gate arrays (FPGAs)or other programmable logic devices, discrete gates or transistor logic, discrete hardware components, or combinations thereof (see para. 0047 "Depending on the circumstances, the embodiments of the inventive method may be implemented in hardware or in software Here, the processor may be formed by a computer, a chip card, a digital signal processor or another integrated circuitry."),
the control system being configured to communicate with the light source system and the target detection system (Fig. 1; see para. 0024 - "The control means 1410 is coupled to the optoelectronic sensor arrangement, wherein the control means 1410 is implemented to activate or deactivate, or enable or disable the first light source 1310 or the second light source 1320 (see arrows from the control means 1410to the first light source and second light source 1310, 1320), and is implemented to receive a signal from the light sensitive element 1330 comprising information on the intensity or light intensity of the received light."),
the control system (control means 1410) being further configured to:
receive target detection data (pulse waves) from the target detection system (Fig. 1-2; see para. 0042 - "Here, the infrared diode 1320 is switched on simultaneously with the sensor 1130. The signal from the measurement photodiode 1330 is continuously requested or scanned and evaluated to be able to determine whether the finger of the driver is positioned opposite the optical sensor 1130 and the pulse waves may be detected.");
estimate a presence or absence biological target based on the target detection data (see para. 0044 - "In step 2030 the infrared channel (IR channel) or the signal 1132 of the light sensitive element is scanned and, as described above, evaluated for example to detect a pulse wave [target detection data] as an indication whether a finger is applied [presence or absence of biological target]."); and
determine whether to cause the light source system (red diode 1310) to emit light based, at least in part, on an estimation of the presence or absence of the biological target (see para. 0044 – “...detect a pulse wave as an indication whether a finger is applied [presence or absence of biological target]. It is tested in step 2040 whether a pulse wave was detected. If no pulse wave was detected (no), step2030 is repeated. Ifa pulse wave is detected (yes), in step 2050 the red diode 1310 is switched on..."),
wherein determining whether to cause the light source system (red diode 1310) to emit light involves:
determining, based on the target detection data (pulse wave detection via infrared diode 1320 and measurement photodiode 1330), whether the biological target is covering a surface through which a portion of the light source system is configured to emit light (Fig. 2; see para. 0044 "In step 2030 the infrared channel (IR channel) or the signal 1132 of the light sensitive element is scanned and, as described above, evaluated for example to detect a pulse wave as an indication whether a finger is applied. It is tested in step 2040whether a pulse wave was detected.");
causing the light source system (red diode 1310) to emit light through the surface if the biological target is covering the surface (see para. 0044 - "If a pulse wave is detected (yes), in step 2050 the red diode 1310 is switched on and in step 2060 the infrared channel (IR channel) and the red channel are scanned."); and
preventing the light source system (red diode) from emitting light through the surface if the biological target is not covering the surface (Fig. 2; see para. 0044 - "If no pulse wave was detected (no), step 2030 is repeated [red diode still off]...If no pulse wave is detected (no), in step 2080 the red diode 1310 is switched off again and the method continues with step 2030.").
Couronne teaches a light source system, but does not explicitly teach the light source system including one or more lasers or laser diodes.
Whereas, Kitchens, in the same field of endeavor, teaches a light source system including one or more lasers or laser diodes (see para. 0056 "In some implementations, the light-energy emitter 204 [light source system] may include one or more laser diodes.").
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the light source system, as disclosed in Couronne, by including one or more lasers or laser diodes, as disclosed in Kitchens. One of ordinary skill in the art would have been motivated to make this modification in order to trigger acoustic wave emissions primarily from a particular type of material, such as blood, blood vessels, other soft tissue, or bones, as taught in Kitchens (see para. 0079).
Furthermore, regarding claims 3 and 16, Couronne further teaches wherein the light source system includes one or more light-emitting diodes (see para. 0013 - "Further, a red diode forms an embodiment for the first light source which is implemented to generate light in the visible wavelength range or in the visible electromagnetic spectrum...").
Furthermore, regarding claims 4, 17, 22, and 28, Couronne further teaches wherein, subsequent to estimating the presence of the biological target (Fig. 2, "pulse wave detected" 2040(yes) as estimating presence of biological target), the control system is further configured to enable the light source system and to control the light source system to emit one or more light pulses towards the biological target (Fig. 2, "switch on red diode" 2050) and to perform one or more types of bio-sensing functionality, biometric functionality, or combinations thereof, based on one or more responses of the biological target to the one or more light pulses (Fig. 2; see para. 0044 - "If further a pulse wave is detected (yes) [responses of biological target to light pulses from red diode], the standard routine for the pulse oxymetric measurement in step2090 [perform bio-sensing functionality] is executed. Here, for example, based on the scanned infrared and red light or the signal1132 of the light sensitive element resulting there from the pulse rate or heart rate HR and/or the oxygen saturation SpO of the blood are calculated...").
Furthermore, regarding claims 5, 18, 23, and 29, Kitchens further teaches an ultrasonic receiver system (ultrasonic receiver array 202), wherein the control system is further configured to receive ultrasonic receiver signals from the ultrasonic receiver system corresponding to ultrasound caused by the one or more responses of the biological target to the one or more light pulses (see para. 0058 - "For example, an infrared (IR)light-emitting diode LED may be selected and a short pulse of IR light emitted to illuminate a portion of a target object and generate acoustic wave emissions that are then detected by the ultrasonic receiver array 202 [ultrasonic receiver system].").
Furthermore, regarding claim 8, Couronne further teaches wherein the target detection system includes the optical sensor system (Fig. 1, infrared diode 1320and measurement photodiode 1330 (optical sensor system) as target detection system) and wherein, subsequent to estimating the presence of the biological target (Fig. 2, "pulse wave detected" 2040 (yes) as estimating presence of biological target), the control system is further configured to enable the light source system and to control an intensity of light emitted by the light source system based, at least in part, on optical sensor data from the optical sensor system (Fig. 1 and 2, "switch on red diode" 2050 as controlling intensity of light source system (on vs off) based on optical sensor data (pulse wave detection 2040) from optical sensor system (infrared diode 1320 and measurement diode 1330)).
Furthermore, regarding claim 9, Couronne further teaches wherein the target detection system includes a liveness detection system (see para. 0042 "Here, the infrared diode 1320 is switched on simultaneously with the sensor 1130. The signal from the measurement photodiode 1330 is continuously requested or scanned and evaluated to be able to determine whether the finger of the driver is positioned opposite the optical sensor 1130 and the pulse waves may be detected [liveliness]." measurement photodiode 1320 and infrared diode 1320 as liveliness detection system).
Furthermore, regarding claim 10, Couronne further teaches wherein the liveness detection system includes a cardiac pulse detection system (see para. 0044 - "If further a pulse wave is detected (yes), the standard routine for the pulse oxymetric measurement in step2090 is executed. Here, for example, based on the scanned infrared and red light or the signal 1132 of the light sensitive element resulting therefrom the pulse rate or heart rate HR [cardiac pulse detection] and/or the oxygen saturation SpO of the blood are calculated, i.e. in other words the standard routine for measuring the one or several vital parameters is executed.").
Furthermore, regarding claim 11, Couronne further teaches wherein the cardiac pulse detection system includes a camera system, an ultrasonic pulse detection system, an optical pulse detection system, a photoacoustic pulse detection system, a photoplethysmography system, a microphone system, a ballistocardiogram sensor system, or combinations thereof (see para. 0044 - "If further a pulse wave is detected (yes) [pulse detection], the standard routine for the pulse oxymetric measurement in step2090 is executed. Here, for example, based on the scanned infrared and red light or the signal 1132ofthe light sensitive element [optical pulse detection system] resulting therefrom the pulse rate or heart rate HR [cardiac pulse detection] and/or the oxygen saturation SpO2 of the blood are calculated, i.e. in other words the standard routine for measuring the one or several vital parameters is executed.").
Furthermore, regarding claims 12, 25, and 31, Kitchens further teaches wherein the target detection system is configured to produce a first instance of target detection data at a first time and to produce a second instance of target detection data at a second time, and wherein at time interval between the first time and the second time is a target detection latency period (see para. 0100 - "FIG. 7 shows examples of multiple acquisition time delays being selected to receive acoustic waves emitted from different depths. In these examples, each of the acquisition time delays (which are labeled range-gate delays or RGDs in FIG. 7) is measured from the beginning time t1 of the photo-excitation signal 705 shown in graph 700.").
Furthermore, regarding claims 13, 26, and 32, Kitchens further teaches wherein the target detection latency period is less than a pulse repetition frequency of the light source system (see para. 0133 "Example frequencies of the ultrasonic waves may be in the range of 5 MHz to 30 MHz [target latency period], with wavelengths on the order of a millimeter or less."; see para. 0009 "In some examples, the light-energy emitter may be capable of emitting a plurality of light pulses at a pulse frequency between about 1 MHz and about 100 MHz [pulse repetition frequency]." target detection latency period (30 MHz) can be less than the pulse repetition frequency of light source system (100 MHz)).
Furthermore, regarding claim 20, Couronne further teaches wherein the target detection system includes a touch sensor system, a force sensor system, one or more mechanical switches, one or more electrical switches, one or more magnetic switches, one or more magnets configured for electrical continuity, an optical sensor system, one or more cameras, or combinations thereof (see para. 0042 "Here, the infrared diode 1320 is switched on simultaneously with the sensor 1130. The signal from the measurement photodiode 1330 is continuously requested or scanned and evaluated to be able to determine whether the finger of the driver is positioned opposite the optical sensor 1130 and the pulse waves may be detected." Infrared diode 1320 and measurement photodiode 1330(optical sensor system) as target detection system).
The motivation for claim 5, 12-13, 18, 23, 25-26, 29, and 31-32 was shown previously in claims 1, 14, 21, and 27.
Claims 6, 19, 24, and 30are rejected under35 U.S.C. 103 as being unpatentable over Couronne in view of Kitchens, as applied to claims5, 18, 23, and 29 above, respectively, and in further view of Wood (US20130109947A1, published May 2, 2013), hereinafter referred to as Wood.
Regarding claim 6, and similarly for claims 19, 24, and 30, Couronne in view of Kitchens teaches all of the elements disclosed in claim 5, 18, 23, and 29 above, respectively.
Couronne in view of Kitchens teaches receiving photoacoustic signals, but does not explicitly teach estimating blood pressure based on photoacoustic signals.
Whereas, Wood, in the same field of endeavor, teaches wherein the control system is further configured to provide photoacoustic-based blood pressure estimation functionality based at least in part on the ultrasonic receiver signals (see para. 0071 - "FIG. 8 is a flow diagram800 of illustrative steps for performing continuous non-invasive blood pressure measurements using photoacoustics...").
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified receiving photoacoustic signals, as disclosed in Couronne in view of Kitchens, by also estimating blood pressure based on the received photoacoustic signals, as disclosed in Wood. One of ordinary skill in the art would have been motivated to make this modification in order to non-invasively monitor the change in blood vessel size over time to determine blood pressure, as taught in Wood (see para. 0004).
Conclusion
THIS ACTION IS MADE FINAL. 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 Nyrobi Celestine whose telephone number is 571-272-0129. The examiner can normally be reached on Monday - Thursday, 7:00AM - 5:00PM EST.
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/N.C./Examiner, Art Unit 3798