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
The Amendment filed March 26, 2026 has been entered. Claims 1-21 remain pending in the application.
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 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 1-9, 14-17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Mukkamala et al. (US 2019/0008399 A1) (“Mukkamala”) in view of John et al. (US 2021/0401332 A1) (“John”; cited in the previous action pertinent art section) in view of Ferber et al. (US 2017/0156606 A1) (“Ferber”).
Regarding claims 1 and 14, Mukkamala discloses A display device/method comprising (Abstract and entire document):
a display panel including a plurality of pixels emitting light (FIG. 1-3, [0042], “display 104”);
a pressure sensor sensing a pressure applied from outside (FIG. 1-3, [0046], “pressure sensor 324”);
a photo-sensor sensing light (FIG. 1-3, [0046], “PPG sensor 320”); and
a main processor receiving a pressure signal sensed by the pressure sensor and a first pulse wave signal sensed by the photo-sensor (FIG. 1-3, [0045], “computer processor 300” and [0046], “The sensing unit 108 is configured to communicate the measured values of the PPG sensor 320 and the pressure sensor 324 to the computer processor 300 of the mobile device 100.”),
generates a peak detection signal based on an amplitude corresponding to the second feature point in each of the cycles of the first pulse wave signal and the pressure signal in a first mode and calculates blood pressure information based on the peak detection signal ([0014], “generate an oscillogram from the measured pressure and the measured blood volume oscillations, where the oscillogram plots amplitude of blood volume oscillations as a function of the measured pressure; calculate a blood pressure value from the oscillogram, and present the blood pressure value on the display unit.” oscillogram which is a peak detection signal based on pulse wave amplitude and pressure and calculates the blood pressure based on the second feature point, the highest point or the peak), and
Mukkamala fails to disclose wherein the main processor calculates a first feature point corresponding to a first lowest point, a second feature point corresponding to a highest point, and a third feature point corresponding to a second lowest point next to the first lowest point in each of cycles of the first pulse wave signal,
generates first biometric information by calculating a first ratio between a time period of a first section from the first feature point to the second feature point and a time period of a second section from the second feature point to the third feature point in each of the cycles of the first pulse wave signal in a second mode and
decides whether or not the first biometric information coincides with second biometric information stored in advance.
However, in the same field of endeavor, John teaches wherein the main processor calculates a first feature point corresponding to a first lowest point, a second feature point corresponding to a highest point, and a third feature point corresponding to a second lowest point next to the first lowest point in each of cycles of the first pulse wave signal (FIG. 4 and [0121] – [0153] and [0171] – [0183], showing the feature points, dicrotic notch, systolic, diastolic peaks, first and last half points),
generates first biometric information by calculating a first ratio between a time period of a first section from the first feature point to the second feature point and a time period of a second section from the second feature point to the third feature point in each of the cycles of the first pulse wave signal in a second mode (FIG. 4 and [0121] – [0153] and [0171] – [0183], discussing the first ratio, tsystolic, areasystolic, tdiastolic, areadiastolic and ratios. The first ratio claimed is the ratio of the period from the lowest point on the left side of fig 4 to systolic, tsystolic, areasystolic, and the time period of the systolic to the lowest point on the right side of the chart as claimed) and
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/method as taught by Mukkamala to include wherein the main processor calculates a first feature point corresponding to a first lowest point, a second feature point corresponding to a highest point, and a third feature point corresponding to a second lowest point next to the first lowest point in each of cycles of the first pulse wave signal, generates a peak detection signal based on an amplitude corresponding to the second feature point in each of the cycles of the first pulse wave signal and the pressure signal in a first mode and calculates blood pressure information based on the peak detection signal, and generates first biometric information by calculating a first ratio between a time period of a first section from the first feature point to the second feature point and a time period of a second section from the second feature point to the third feature point in each of the cycles of the first pulse wave signal in a second mode as taught by John to analyze preferable sets of features for identification of important features ([0121] – [0153]).
Mukkamala as modified fails to disclose decides whether or not the first biometric information coincides with second biometric information stored in advance.
However, in the same field of endeavor, Ferber teaches decides whether or not the first biometric information coincides with second biometric information stored in advance ([0275], “In some embodiments, after extracting main (systolic) and secondary (diastolic) peaks, reflection (augmentation) index (the ratio of diastolic peak and systolic peak amplitudes),” and [0184], “Identifier that identifies a user account. [0186] Password: Password, or other personal identifier, used to authenticate the user account. For example, it may an alphanumerical password, biometric data (e.g., fingerprint, etc.). In some embodiments, readings or measurements from the blood metrics measurement apparatus 902 may be used to authenticate the user account.”).
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/method as taught by Mukkamala as modified to include decides whether or not the first biometric information coincides with second biometric information stored in advance as taught by Ferber to authenticate the account ([0275]).
Regarding claims 2 and 15, Mukkamala as modified discloses The display device of claim 1, Mukkamala as modified further discloses wherein the main processor calculates a difference between a first pulse wave signal value corresponding to the second feature point and a first pulse wave signal value corresponding to the first lowest point as the amplitude (John FIG. 4 and [0121] – [0153] and [0171] – [0183], aSystolic).
Regarding claims 3 and 16, Mukkamala as modified discloses The display device of claim 2, Mukkamala as modified further discloses wherein a plurality of first ratios are calculated, and the first biometric information includes information on an average and a standard deviation of the first ratios of each of the cycles of the first pulse wave signal (John, [0154], “The variation around the mean in said second set of features may include skewness, variance and standard deviation.”).
Regarding claim 4, Mukkamala as modified discloses The display device of claim 1, Mukkamala as modified further discloses further comprising a memory in which the second biometric information is stored, wherein the main processor is configured to store the first biometric information in the memory when the first biometric information coincides with the second biometric information stored in the memory (Ferber [0275], “In some embodiments, after extracting main (systolic) and secondary (diastolic) peaks, reflection (augmentation) index (the ratio of diastolic peak and systolic peak amplitudes),” and [0184], “Identifier that identifies a user account. [0186] Password: Password, or other personal identifier, used to authenticate the user account. For example, it may an alphanumerical password, biometric data (e.g., fingerprint, etc.). In some embodiments, readings or measurements from the blood metrics measurement apparatus 902 may be used to authenticate the user account.” Authenticate when coincides).
Regarding claim 5, Mukkamala as modified discloses The display device of claim 1, Mukkamala as modified further discloses wherein the main processor further calculates a second ratio between an area of the first pulse wave signal in the first section and an area of the first pulse wave signal in the second section in the second mode, a plurality of second ratios are calculated, and the first biometric information further includes information on an average and a standard deviation of the second ratios (John FIG. 4 and [0121] – [0153] and [0171] – [0183], aSystolic, calculating information related to blood pressure based on the aSystolic time and amplitude values and feature points/ratios and [0154]).
Regarding claims 6 and 17, Mukkamala as modified discloses The display device of claim 1, Mukkamala as modified further discloses wherein the main processor further generates a second pulse wave signal by calculating a second derivative graph of the first pulse wave signal over time in the second mode, and generates the first biometric information by calculating a third ratio between a first differential value corresponding to the first feature point of the second pulse wave signal and a second differential value corresponding to the second feature point of the second pulse wave signal (John FIG. 4 and [0121] – [0153] and [0171] – [0183], second derivative).
Regarding claims 7 and 20, Mukkamala as modified discloses The display device of claim 1, Mukkamala as modified further discloses wherein the main processor further calculates a peak value of the peak detection signal and a pressure value, which is referred to as PK pressure value, corresponding to the peak value of the peak detection signal in the first mode, and calculates a diastolic blood pressure lower than the PK pressure value, a systolic blood pressure higher than the PK pressure value, and a mean blood pressure according to the PK pressure value (John FIG. 4 and [0121] – [0153] and [0171] – [0183], aSystolic, calculating information related to blood pressure based on the aSystolic time and amplitude values and feature points/ratios and [0154]).
Regarding claim 8, Mukkamala as modified discloses The display device of claim 7, Mukkamala as modified further discloses wherein the main processor calculates the mean blood pressure as the PK pressure value corresponding to the peak value of the peak detection signal (John FIG. 4 and [0121] – [0153] and [0171] – [0183], aSystolic, calculating information related to blood pressure based on the aSystolic time and amplitude values and feature points/ratios and [0154]).
Regarding claim 9, Mukkamala as modified discloses The display device of claim 7, Mukkamala as modified further discloses wherein a first pressure value smaller than the PK pressure value corresponding to 60% to 80% of the peak value in the peak detection signal and a second pressure value greater than the PK pressure value are calculated, and the first pressure value is calculated as the diastolic blood pressure and the second pressure value is calculated as the systolic blood pressure (John FIG. 4 and [0121] – [0153] and [0171] – [0183], aSystolic, calculating information related to blood pressure based on the aSystolic time and amplitude values and feature points/ratios and [0154]).
Claims 10-13 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Mukkamala in view of John in view of Ferber, as applied above, and in further view of Kang et al. (US 2017/0007125 A1) (“Kang”).
Regarding claims 10 and 18, Mukkamala as modified discloses The display device of claim 1, Mukkamala as modified fails to disclose wherein each of the cycles of the first pulse wave signal includes a plurality of waveforms having different amplitudes, and when a peak value of a first waveform of the plurality of waveforms is defined as a pulse wave contraction value, a peak value of a second waveform of the plurality of waveforms is defined as a reflected pulse wave value, the pulse wave contraction value is defined as Sp, the reflected pulse wave value is defined as Rp, and a reflected pulse wave ratio is defined as RI, the pulse wave contraction value is the same as the amplitude corresponding to the second feature point in each of the cycles of the first pulse wave signal, and the main processor calculates the reflected pulse wave ratio by the following Equation 1. Equation 1, RI = Rp/Sp
However, in the same field of endeavor, Kang teaches wherein each of the cycles of the first pulse wave signal includes a plurality of waveforms having different amplitudes, and when a peak value of a first waveform of the plurality of waveforms is defined as a pulse wave contraction value, a peak value of a second waveform of the plurality of waveforms is defined as a reflected pulse wave value, the pulse wave contraction value is defined as Sp, the reflected pulse wave value is defined as Rp, and a reflected pulse wave ratio is defined as RI, the pulse wave contraction value is the same as the amplitude corresponding to the second feature point in each of the cycles of the first pulse wave signal, and the main processor calculates the reflected pulse wave ratio by the following Equation 1. Equation 1, RI = Rp/Sp ([0078], “Referring to FIG. 4, an example of biometric information that may be extracted from a waveform of a pulse wave based on overlapping and augmentation of a traveling wave and a reflected wave is illustrated. For example, a pulse pressure (PP) is expressed as a difference between a systolic pressure and a diastolic pressure. A mean blood pressure is expressed as a diastolic pressure+PP/3 and may reflect a load on the heart. Furthermore, an augmentation pressure (AP) out of the PP (AP/PP) may be represented as a percentage (%) and may indicate an augmentation index (AI) that reflects elasticity of a blood vessel and a load of the left ventricle.” And further [0084], “The memory 150 may calculate an average biometric information range of an object from the stored pieces of biometric information and store the average biometric information range of the object. For example, when ten or more, or twenty or more pieces of biometric information regarding the object are stored, an average value thereof may be calculated, and a predetermined average biometric information range may be calculated with respect to the average value and stored. The average biometric information range may be, for example, a range of ±5% of the average value.”).
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/method as taught by Mukkamala as modified to include decides whether or not the first biometric information coincides with second biometric information stored in advance as taught by Kang for efficiency in treatment ([0078]).
Regarding claims 11 and 19, Mukkamala as modified discloses The display device of claim 10, Mukkamala as modified further discloses wherein the main processor further calculates the reflected pulse wave ratio according to each of the cycles of the first pulse wave signal in the second mode, and the first biometric information further includes the reflected pulse wave ratio (Kang [0078], “Referring to FIG. 4, an example of biometric information that may be extracted from a waveform of a pulse wave based on overlapping and augmentation of a traveling wave and a reflected wave is illustrated. For example, a pulse pressure (PP) is expressed as a difference between a systolic pressure and a diastolic pressure. A mean blood pressure is expressed as a diastolic pressure+PP/3 and may reflect a load on the heart. Furthermore, an augmentation pressure (AP) out of the PP (AP/PP) may be represented as a percentage (%) and may indicate an augmentation index (AI) that reflects elasticity of a blood vessel and a load of the left ventricle.” And further [0084], “The memory 150 may calculate an average biometric information range of an object from the stored pieces of biometric information and store the average biometric information range of the object. For example, when ten or more, or twenty or more pieces of biometric information regarding the object are stored, an average value thereof may be calculated, and a predetermined average biometric information range may be calculated with respect to the average value and stored. The average biometric information range may be, for example, a range of ±5% of the average value.”).
Regarding claim 12, Mukkamala as modified discloses The display device of claim 10, Mukkamala as modified further discloses wherein the reflected pulse wave ratio includes a first period in which the reflected pulse wave ratio fluctuates within a first range, a second period in which the reflected pulse wave ratio fluctuates within a second range, and a third period in which the reflected pulse wave ratio fluctuates within a third range, and a width of the first range and a width of the third range are smaller than a width of the second range (Kang [0078], “Referring to FIG. 4, an example of biometric information that may be extracted from a waveform of a pulse wave based on overlapping and augmentation of a traveling wave and a reflected wave is illustrated. For example, a pulse pressure (PP) is expressed as a difference between a systolic pressure and a diastolic pressure. A mean blood pressure is expressed as a diastolic pressure+PP/3 and may reflect a load on the heart. Furthermore, an augmentation pressure (AP) out of the PP (AP/PP) may be represented as a percentage (%) and may indicate an augmentation index (AI) that reflects elasticity of a blood vessel and a load of the left ventricle.” And further [0084], “The memory 150 may calculate an average biometric information range of an object from the stored pieces of biometric information and store the average biometric information range of the object. For example, when ten or more, or twenty or more pieces of biometric information regarding the object are stored, an average value thereof may be calculated, and a predetermined average biometric information range may be calculated with respect to the average value and stored. The average biometric information range may be, for example, a range of ±5% of the average value.”).
Regarding claim 13, Mukkamala as modified discloses The display device of claim 12, Mukkamala as modified further discloses wherein the main processor further analyzes the reflected pulse wave ratio in the first mode to detect a start point in time of the second period, calculates a third pressure value corresponding to the first pulse wave signal at the start point in time of the second period, sets the third pressure value as a diastolic blood pressure, calculates a fourth pressure value corresponding to the first pulse wave signal at a start point in time of the third period after the second period, and sets the fourth pressure value as a systolic blood pressure (Kang [0078], “Referring to FIG. 4, an example of biometric information that may be extracted from a waveform of a pulse wave based on overlapping and augmentation of a traveling wave and a reflected wave is illustrated. For example, a pulse pressure (PP) is expressed as a difference between a systolic pressure and a diastolic pressure. A mean blood pressure is expressed as a diastolic pressure+PP/3 and may reflect a load on the heart. Furthermore, an augmentation pressure (AP) out of the PP (AP/PP) may be represented as a percentage (%) and may indicate an augmentation index (AI) that reflects elasticity of a blood vessel and a load of the left ventricle.” And further [0084], “The memory 150 may calculate an average biometric information range of an object from the stored pieces of biometric information and store the average biometric information range of the object. For example, when ten or more, or twenty or more pieces of biometric information regarding the object are stored, an average value thereof may be calculated, and a predetermined average biometric information range may be calculated with respect to the average value and stored. The average biometric information range may be, for example, a range of ±5% of the average value.”).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Mukkamala in view of Ferber.
Regarding claim 21, Mukkamala discloses A display device comprising (Abstract and entire document):
a plurality of pixels emitting light (FIG. 1-3, [0042], “display 104”);
a pressure sensor sensing a pressure applied from outside (FIG. 1-3, [0046], “pressure sensor 324”);
a first photo-sensor disposed in the display device to face upward and sensing light (FIG. 1-3, [0046], “PPG sensor 320”);
a main processor receiving a pressure signal sensed by the pressure sensor, a pulse wave signal sensed by the first photo-sensor to measure a blood pressure in a first mode (FIG. 1-3, [0045], “computer processor 300” and [0046], “The sensing unit 108 is configured to communicate the measured values of the PPG sensor 320 and the pressure sensor 324 to the computer processor 300 of the mobile device 100.”), and
Mukkamala fails to disclose a second photo-sensor disposed in the display device to face downward and sensing light; and an electrocardiogram signal sensed by the second photo-sensor,
wherein the main processor calculates first to third feature points in each of cycles of the electrocardiogram signal, the first feature point positioned at a first peak point at a beginning of one cycle, a third feature point positioned at a second peak point at an end of the one cycle, and a second feature point positioned between the first feature point and the second feature point and at a highest point within the one cycle,
calculates a fourth ratio between a time period of a first section from the first feature point to the second feature point and a time period of a second section from the second feature point to the third feature point in a second mode, calculates a plurality of fourth ratios and generates third biometric information including an average and a standard deviation of the fourth ratios of each of the cycles of the electrocardiogram signal,
decides whether or not the third biometric information and fourth biometric information stored in advance in a memory are the same as each other, performs biometric authentication of a user when the third biometric information and the fourth biometric information are the same as each other, and stores the third biometric information in the memory.
However, in the same field of endeavor, Ferber teaches a second photo-sensor disposed in the display device to face downward and sensing light; and an electrocardiogram signal sensed by the second photo-sensor ([0270], ecg),
wherein the main processor calculates first to third feature points in each of cycles of the electrocardiogram signal, the first feature point positioned at a first peak point at a beginning of one cycle, a third feature point positioned at a second peak point at an end of the one cycle, and a second feature point positioned between the first feature point and the second feature point and at a highest point within the one cycle ([0270], ecg features, ptt),
calculates a fourth ratio between a time period of a first section from the first feature point to the second feature point and a time period of a second section from the second feature point to the third feature point in a second mode, calculates a plurality of fourth ratios and generates third biometric information including an average and a standard deviation of the fourth ratios of each of the cycles of the electrocardiogram signal ([0270], ecg features, [0310, mean and standard deviation of features),
decides whether or not the third biometric information and fourth biometric information stored in advance in a memory are the same as each other, performs biometric authentication of a user when the third biometric information and the fourth biometric information are the same as each other, and stores the third biometric information in the memory ([0275], “In some embodiments, after extracting main (systolic) and secondary (diastolic) peaks, reflection (augmentation) index (the ratio of diastolic peak and systolic peak amplitudes),” and [0184], “Identifier that identifies a user account. [0186] Password: Password, or other personal identifier, used to authenticate the user account. For example, it may an alphanumerical password, biometric data (e.g., fingerprint, etc.). In some embodiments, readings or measurements from the blood metrics measurement apparatus 902 may be used to authenticate the user account.” The biometric information comparison includes any matching comparison of biometric information, such as a match between a third and a fourth ratio).
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 as taught by Mukkamala to include a second photo-sensor disposed in the display device to face downward and sensing light; and an electrocardiogram signal sensed by the second photo-sensor, wherein the main processor calculates first to third feature points in each of cycles of the electrocardiogram signal, the first feature point positioned at a first peak point at a beginning of one cycle, a third feature point positioned at a second peak point at an end of the one cycle, and a second feature point positioned between the first feature point and the second feature point and at a highest point within the one cycle, calculates a fourth ratio between a time period of a first section from the first feature point to the second feature point and a time period of a second section from the second feature point to the third feature point in a second mode, calculates a plurality of fourth ratios and generates third biometric information including an average and a standard deviation of the fourth ratios of each of the cycles of the electrocardiogram signal, decides whether or not the third biometric information and fourth biometric information stored in advance in a memory are the same as each other, performs biometric authentication of a user when the third biometric information and the fourth biometric information are the same as each other, and stores the third biometric information in the memory as taught by Ferber to authenticate the account ([0275]).
Response to Arguments
Applicant’s arguments with respect to claims 1-21 have been considered but are moot because the new ground of rejection does not rely solely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lee et al. (US-20150135310-A1) (“Lee”), discloses another wearable device teaching biometric authentication with PPG signals and ECG signals.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JOSEPH A TOMBERS whose telephone number is (571)272-6851. The examiner can normally be reached on M-TH 7:00-16:00, F 7:00-11:00(Eastern).
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/J.A.T./Examiner, Art Unit 3791
/TSE W CHEN/Supervisory Patent Examiner, Art Unit 3791
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