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 with traverse of Invention g in the reply filed on 05/18/2026 is acknowledged. The traversal is on the ground(s) that the Examiner has not demonstrated the alleged species between Figure 7 and Figure 9 are mutually exclusive. In Figure 7 the LED of Element 701 and 700 are right next to each other while the photodetectors of Element 702, 704, 706 & 708 are disclosed as being separated by a distance in Para 0058 of the Specification as originally filed. In contrast Figure 9 is measuring different regions of skin tissue as LED of Element 905 and 903 are separated at a distance. The separation distance between the LEDs is the mutually exclusive feature between the two embodiments. This is not found persuasive because Figure 7 and Figure 9 are mutually exclusive species.
The traversal is on the ground(s) that the Examiner has not demonstrated the alleged species between Figure 5 and Figure 8 are mutually exclusive. In Figure 5 the photodetector of Element 502 and 504 are disclosed as being separated by different distance in Para 0050 of the Specification as originally filed. In contrast Figure 8 has photodetectors of Element 804 and 808 with the same separation distance. The different separation distance configuration between the photodetector is the mutually exclusive feature between the two embodiments. This is not found persuasive because Figure 5 and Figure 8 are mutually exclusive species.
The traversal is on the ground(s) that the Examiner has not demonstrated the alleged species between Figure 9 and Figure 4 are mutually exclusive. In Figure 4 the photodetector of Element 404 is disclosed as having the same depth, same region and same viewing angle in Figure 4. In contrast Figure 9 is measuring different regions of skin tissue as LED of Element 905 and 903 are separated at a distance. The separation distance between the LEDs is the mutually exclusive feature between the two embodiments. This is not found persuasive because Figure 9 and Figure 4 are mutually exclusive species.
The traversal is on the ground(s) that the Examiner has not demonstrated the alleged species between Figure 6A and Figure 6B are mutually exclusive. After reconsideration, the Examiner is withdrawing the mutually exclusive species election between Figure 6A and Figure 6B. Species c and Species d are grouped together in selecting one Species of c or d will result in the election of both c and d. However, the withdraw of the species election between Figure 6A and Figure 6B does not affect the Species Election of the Applicant.
The traversal is on the ground(s) that the Examiner has not demonstrated the alleged species between Figure 9 and Figure 10 are mutually exclusive. In Figure 10 the photodetector is a pixel-based detector array (and thus not separated) and wherein different viewing components can be coupled to different pixels of as disclosed in Para 0064 of the Specification as originally filed. In contrast Figure 9 is measuring different regions of skin tissue as photodetectors of Element 905 and 903 are separated at a distance and each photodetector has the same viewing component angle for the individual photodetector itself, whereas each individual photodetector can have different viewing component angles between each photodetector. For example, Element 912 is the same viewing angle across the photodetector of Element 904 and Element 918 is a different viewing angle from Element 912 but the same viewing angle across the photodetector of Element 910. In contrast, pixel-based photodetector of Element 1004 has three different viewing angles across the one photodetector Element 1004 (Para 0064). This is not found persuasive because Figure 9 and Figure 10 are mutually exclusive species.
The Species of a-h demonstrates all the different configurations and arrangement of parts of the invention. Requiring the Examiner to search all the different combinations, configurations and arrangements would result in a serious search burden.
The requirement is still deemed proper and is therefore made FINAL.
Claim(s) 21-28 & 37-40 is/are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species 10, there being no allowable generic or linking claim, specifically with respect to the pixel-based detector being claimed. Applicant timely traversed the restriction (election) requirement in the reply filed on 05/18/2026.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 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.
Claim(s) 30 is/are 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.
Regarding Claim 30
Claim 30 recites, “a viewing component configured with the first preset viewing angle” and “a viewing component configured with the second preset viewing angle”. Claim 30 depends from Claim 29 which recites, “a first viewing component” and “a second viewing component”. This creates confusion as to what the viewing component encompasses. For the purpose of examination, it is assumed that the claimed set of detectors comprises a set of viewing components.
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)(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.
Claim(s) 29-32, 34 & 36 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yuen et al. (U.S. Patent Application 2016/0084869 A1).
Claim 29: Yuen teaches –
A wearable device [the device may be a wrist-worn or arm-mounted accessory such as a watch or bracelet] (Para 0170) for detecting a physiological parameters [optical heart rate monitor] (Para 0170) of a user [worn or carried on the body of a user] (Para 0170), comprising:
Examiner’s Note: Figures 2A through 7 are disclosed as optical heart rate monitor watch (Para 0170)
a housing [device housing] (Figure 2B, Element 212);
a light emitter positioned within the housing and configured to emit light towards a skin of the user when the housing is worn by the user [optical sensors (sources and/or detectors) may be disposed on an interior or skin-side of the biometric monitoring device] (Para 0147);
Examiner’s Note: Figures 2A through 3C are disclosed as having light sources and detectors on the housing of the device (Para 0147).
an array of light detectors positioned within the housing [The one or more light sources and light detectors may be arranged in an array] (Para 0152);
a first viewing component [lens and/or light pipes] (Para 0164) coupled to a first light detector of the array of light detectors [The one or more light sources and light detectors may be arranged in an array] (Para 0152) and
Examiner’s Note: Specification discloses that the biometric monitoring device comprises an array of emitters and detectors. The first and second light detector are detectors in the disclosed array of detectors (Para 0152)
configured to block portions of the emitted light [limiting the amount of light that enters] (Para 0164) that intersect the first viewing component at angles [from directions parallel to the person's forearm] (Para 164) other than a first preset viewing angle [increasing the amount of light that enters such a lens from directions perpendicular to the person's forearm] (Para 0164) from reaching the first light detector [to focus light towards a specific volume at a specific depth in the skin and increase the efficiency of light collected from that point into the photodetector] (Para 0164)
Examiner’s Note: The emitted light is blocked where the light intersects the first viewing component at angles (parallel) and allows a first present viewing angle (perpendicular). The light pipes and lens are means to block light from undesired angles [light pipes to selectively and controllably route light] (Para 0164)
a second viewing component [lens and/or light pipes] (Para 0164) coupled to a second light detector of the array of light detectors [The one or more light sources and light detectors may be arranged in an array] (Para 0152) and
Examiner’s Note: Specification discloses that the biometric monitoring device comprises an array of emitters and detectors. The first and second light detector are detectors in the disclosed array of detectors (Para 0152)
configured to block portions of the emitted light [which may have the effect of limiting the amount of light that enters such a lens from directions parallel to the person's forearm] (Para 0164) that intersects the second viewing component [a degree of cylindricity] (Para 0164) at angles other than a second preset viewing angle [increasing the amount of light that enters such a lens from directions perpendicular to the person's forearm] (Para 0164) from reaching the second light detector [to focus light towards a specific volume at a specific depth in the skin and increase the efficiency of light collected from that point into the photodetector] (Para 0164); and
Examiner’s Note: The emitted light is blocked where the light intersects the second viewing component at angles (parallel) and allows a second present viewing angle (perpendicular). The light pipes and lens are means to block light from undesired angles [light pipes to selectively and controllably route light] (Para 0164).
a processor positioned within the housing [shown in FIG. 1; the example portable monitoring device may have a…processor] (Para 0119) [electronics package] (Para 0119 and Figure 2C, Element 218) and configured to determine a physiological parameter of the user using outputs from the first light detector and the second light detector [the biometric monitoring device may include an optical sensor…used to determine information representative of…blood pressure, and/or heart rate of a user] (Para 0122).
Examiner’s Note: Figures 2A through 3C are disclosed related embodiments for the optical sensors (Para 0122) and Figures 1 through 2C are disclosed related embodiments for the portal biometric monitoring device (Para 0119).
Claim 30/29: Yuen teaches wherein:
the array of light detectors comprises a first set of detectors [The one or more light sources and light detectors may be arranged in an array] (Para 0152);
each detector in the first set of detectors comprises a viewing component [lens and/or light pipes] (Para 0164) configured with the first preset viewing angle [to focus light towards a specific volume at a specific depth in the skin and increase the efficiency of light collected from that point into the photodetector] (Para 0164);
the array of light detectors comprises a second set of detectors [The one or more light sources and light detectors may be arranged in an array] (Para 0152); and
each detector in the second set of detectors comprises a viewing component [lens and/or light pipes] (Para 0164) configured with the second preset viewing angle [to focus light towards a specific volume at a specific depth in the skin and increase the efficiency of light collected from that point into the photodetector] (Para 0164).
Examiner’s Note: The first and second preset viewing angle is not limited to be a different angle but that a second exists.
Claim 31/30/29: Yuen teaches wherein the first set of detectors comprises:
the first light detector positioned at a first distance from the light emitter [The one or more light sources and light detectors may be arranged in an array] (Para 0152); and
the second light detector positioned at a second distance from the light emitter [The one or more light sources and light detectors may be arranged in an array] (Para 0152).
Examiner’s Note: The first and second distance is not limited to be a different distance but that a second exists. The nature of an array of light detectors being the detectors are spatial at different positions in an array.
Claim 32/29: Yuen teaches wherein:
the array of light detectors comprises a first set of detectors [The one or more light sources and light detectors may be arranged in an array] (Para 0152);
each detector in the first set of detectors comprises a first respective viewing component [lens and/or light pipes] (Para 0164); and
each first respective viewing component is configured to measure emitted light from a first tissue depth [to focus light towards a specific volume at a specific depth in the skin and increase the efficiency of light collected from that point into the photodetector] (Para 0164).
Claim 34/29: Yuen teaches wherein:
the light emitter is a first light emitter configured to emit light at a first wavelength [a light source emitting light having a wavelength in the red spectrum (for example, an LED that emits light having wavelengths corresponding to the red spectrum)] (Para 0153);
the wearable device comprises a second light emitter configured to emit light at a second wavelength [light source emitting light having a wavelength in the infrared spectrum (for example, an LED that emits light having wavelengths corresponding to the IR spectrum)] (Para 0153); and
the array of light detectors comprises:
a first set of detectors configured to measure the light emitted at the first wavelength [an infrared lens or filter that permits infrared light to pass but not light in the human visual spectrum] (Para 0155); and
a second set of detectors configured to measure light emitted at the second wavelength [a light-transmissive structure may include different light transmissivity properties for different wavelengths depending on the direction of light travel through the light-transmissive structure] (Para 0156; light-transmissive structures are grouped with light pipes (Para 0156) and are disclosed in Figure 5 as Element 406 for both the emitter and detector).
Claim 36/29: Yuen teaches wherein the physiological parameter is a heart rate of the user [initiate a heart rate measurement] (Para 0172).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 33 & 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yuen et al. (U.S. Patent Application 2016/0084869 A1) and further in view of Avila et al. (U.S. Patent Application 2016/0206207 A1).
Claim 33/32/29: Yuen teaches wherein:
the array of light detectors comprises a second set of detectors [The one or more light sources and light detectors may be arranged in an array] (Para 0152);
each detector in the second set of detectors comprises a second respective viewing component [lens and/or light pipes] (Para 0164); and
each second respective viewing component is configured to measure emitted light from a second tissue depth [to focus light towards a specific volume at a specific depth in the skin and increase the efficiency of light collected from that point into the photodetector] (Para 0164),
Yuen fails to teach that the second tissue depth is different from the first tissue depth. However, Avila teaches a second tissue depth different from the first tissue depth [the light sensors may be positioned at different distances from each other to obtain different light penetration at different depths] (Para 0040) in order to facilitate measuring different spatial patterns of diffusion that can be processed to obtain data (Para 0040)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Yuen to include the different depths as taught by Avila in order to facilitate measuring different spatial patterns of diffusion that can be processed to obtain data (Para 0040).
Claim 35/34/29: Yuen fails to teach different time periods for emitting the first and second wavelengths. However, Avila teaches wherein the processor is configured to:
Examiner’s Note: A review of 62/235,188 found no support for the different time period. The filing data of the claim limitation is 09/23/2016.
emit the first wavelength at a first time period [light sources 330 may emit near infrared (NIR) light, infrared (IR) light] (Para 0045); and
emit light at the second wavelength at a second time period [light sources 330 may emit…red light] (Para 0045) [light sources 330 may be configured to cycle through this combination for various wavelengths of light] (Para 0053),
different from the first time period [different operations of the light sources 330 at different time intervals] (Para 0053) in order to create different spatial patterns of diffusion to be used in machine learning models to increase accuracy (Para 0083)
Examiner’s Note: Para 0053 discloses different configurations of timing periods of ON and OFF of LEDs. Elements 560 are powered off for the first, second and third configurations, while Elements 570 are powered off for the third configuration. Thus, Elements 560 have a timing period different than Elements 570.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Yuen to include the different time periods of wavelengths as taught by Avila in order to create different spatial patterns of diffusion to be used in machine learning models to increase accuracy (Para 0083).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Wilmot (U.S. Patent 3,825,350 A) – Wilmot teaches a system for detecting and providing positional information on a source of monochromatic radiation at a given wavelength of interest. The system includes an angle sensitive detection subsystem, which varies its response as a function of angle of incidence of incident radiation, and an angle insensitive detection subsystem which has a uniform response for differing angles of incidence of incident radiation. The system utilizes a dielectric filter tuned to the given wavelength of interest which has the characteristic of varying its spectral filtering response as a function of the angle of incidence of radiation. In the angle insensitive subsystem an optical system gathers radiation from the field of view and passes it at a substantially perpendicular angle through a first portion of the dielectric filter for detection by a first detector. In the angle sensitive subsystem radiation from the entire field of view is directed through a second portion of the dielectric filter at varying angles of incidence depending upon the position of each source of radiation in the field of view for detection by a second detector. A differential amplifier compares the outputs of the two photodetectors. The magnitude of the difference between the two photodetector signals will vary monotonically as the source of radiation is positioned at angles further from a perpendicular to the dielectric filter, and accordingly the signal may be used for providing positional information on the source. Also, because of the characteristics of a dielectric filter, the first and second detectors will produce equal output signals for broad frequency band sources of radiation and accordingly the output of the differential amplifier will be zero for those sources.
Cheng et al. (U.S. Patent Application 2002/0058865 A1) – Cheng teaches apparatus and methods for obtaining absolute values of concentrations of chromophores of a medium and/or absolute values of their ratios. In particular, the present invention relates to continuous wave spectroscopic optical systems and methods for determining the absolute values of deoxygenated and/or oxygenated hemoglobins and their ratios in a physiological medium. The optical system typically includes (1) a source module optically coupling with the medium and irradiating into the medium multiple sets of electromagnetic waves with different wave characteristics, (2) a detector module optically coupling with the medium and detecting electromagnetic waves, and (3) a processing module operatively coupling with the detector module, and determining the absolute values of the concentrations and the ratios thereof from multiple wave equations applied to the source and detector modules. The processing module is designed to obtain such absolute values by a method typically including the steps of obtaining multiple sets of wave equations, eliminating source-dependent and detector-dependent parameters therefrom to obtain a set of intermediate equations, providing a correlation between medium-dependent and geometry-dependent parameters and the chromophore concentrations or ratios thereof, incorporating the correlation into the set of intermediate equations, and obtaining the absolute values of the chromophore concentrations and ratios thereof.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HELENE C BOR whose telephone number is (571)272-2947. The examiner can normally be reached Mon - Fri 10:30 - 6:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Koharski can be reached at (571) 272-7230. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Helene Bor/ Examiner, Art Unit 3797
/JOSEPH M SANTOS RODRIGUEZ/ Primary Examiner, Art Unit 3797
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