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 .
Continued Examination
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/22/2026 has been entered.
Response to Amendment
The amendment filed 03/27/2026 has been entered. Claims 1-8, 10, and 19-21 remain pending in the application.
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.
Claims 1-8, 10, and 19-21 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 pre-AIA the applicant regards as the invention.
Claim 1 recites the “first pair of photoplethysmogram (PPG) sensors including at least a first light- emitting component ...; a second pair of PPG sensors including at least a second light-emitting component” on page 2 and the "acquiring a first PPG signal via the first pair of PPG sensors including at least the first light-emitting component configured to emit the light within the first wavelength range; acquiring a second PPG signal via the second pair of PPG sensors including at least the second light-emitting component configured to emit the light within the second wavelength range” on page 3, 3rd and 4th para.. A person of ordinary skill in the art would not understand why the signal acquisition is tied to light-emitting components. To acquire PPG signals, an optical receiver, e.g., a photodetector, is required. For examination purposes, Examiner of record takes this to be the --first pair of photoplethysmogram (PPG) sensors including at least a first light- emitting component ...and a first photodetector; a second pair of PPG sensors including at least a second light-emitting component… and a second photodetector-- and --acquiring a first PPG signal via the first pair of PPG sensors including the first photodetector; acquiring a second PPG signal via the second pair of PPG sensors including the second photodetector--, respectively.
Claim 1 recites the “selecting one or more PPG sensors for sampling the PPG data from either the first pair of PPG sensors or the second pair of PPG sensors” on p. 3, 6th para. and “sampling the PPG data via the one or more PPG sensors selected” on p. 3, 7th para.. This recitation is unclear because only a first pair and a second pair of PPG sensors have been recited. For examination purposes, Examiner of record takes this to be --selecting one or both PPG sensors…-- and --sampling the PPG data via the one or both PPG sensors selected--.
Claim 19 recites the “first pair of photoplethysmogram (PPG) sensors including at least a first light- emitting component ...; a second pair of PPG sensors including at least a second light-emitting component” on page 5 and the "acquire a first PPG signal via the first pair of PPG sensors including at least the first light-emitting component configured to emit the light within the first wavelength range; acquire a second PPG signal via the second pair of PPG sensors including at least the second light-emitting component configured to emit the light within the second wavelength range” in para. 2-3 from the end of page 6. A person of ordinary skill in the art would not understand why the signal acquisition is tied to light-emitting components. To acquire PPG signals, an optical receiver, e.g., a photodetector, is required. For examination purposes, Examiner of record takes this to be the --first pair of photoplethysmogram (PPG) sensors including at least a first light- emitting component ...and a first photodetector; a second pair of PPG sensors including at least a second light-emitting component… and a second photodetector-- and --acquire a first PPG signal via the first pair of PPG sensors including the first photodetector; acquire a second PPG signal via the second pair of PPG sensors including the second photodetector--, respectively.
Claim 19 recites the “select one or more PPG sensors for sampling the PPG data from either the first pair of PPG sensors or the second pair of PPG sensors” on p. 7, 2nd para. and “sample the PPG data via the one or more PPG sensors selected” on p. 7, 3rd para.. This recitation is unclear because only a first pair and a second pair of PPG sensors have been recited. For examination purposes, Examiner of record takes this to be --select one or both PPG sensors…-- and --sampling the PPG data via the one or both PPG sensors selected--.
Claims dependent upon the rejected claims above, but not directly addressed, are also rejected because they inherit the indefiniteness of the claim(s) they respectively depend upon.
Allowable Subject Matter
Claims 1-8, 10, and 19-21 would be allowable if rewritten to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Response to Arguments
Applicant's arguments filed 03/27/2026 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn.
Response to the 35 U.S.C. §103 rejection arguments on pages 9-12 of the REMARKS.
Claims 1-8, 10, and 19-21
The Applicant argues that “Weekly does not disclose or suggest each and every feature of amended independent claim 1.” (Page 11). The Examiner agrees and therefore the rejection has been withdrawn.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXEI BYKHOVSKI whose telephone number is (571)270-1556. The examiner can normally be reached on Monday-Friday: 8:30am - 5:00pm.
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/ALEXEI BYKHOVSKI/
Primary Examiner, Art Unit 3798
Prosecution Insights