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
This office action is in response to the remarks filed on 11/28/2025.
The amendment filed 11/28/2025 has been entered. Claims 1-3 and 5-23 remain pending in the application, claim 4 has been canceled, and claims 9-11 have been previously withdrawn.
The 112(b) rejection has been withdrawn in light of claim amendments.
Claim Interpretation
The claims recite “optical printed circuit board”. For examination purposes, a “optical printed circuit board” will be interpreted as a circuit board configured for carrying the light source and the detector based on paragraph [0020] and [0110] of the specification ([0020]: an optical printed circuit board disposed in the housing and configured for carrying the light source and the detector, powering the light source, and/or receiving the signal from the detector”; [0110]: optical PCB 330 c is designed for powering the light source for the corresponding optical sensor 20, and receiving signals (regarding pulse waveforms of a subject) from detectors for the corresponding optical sensor 20). If applicant does not intend to have the “optical printed circuit board” of claim 15 interpreted as such, applicant may amend the claim.
The claims recite “radio printed circuit board”. For examination purposes, a “radio printed circuit board” will be interpreted as a circuit board configured for carrying a Bluetooth radio and/or sending the signal to the processing device based on paragraph [0020] of the specification ([0020]: a radio printed circuit board disposed in the housing and configured for carrying a Bluetooth radio and/or sending the signal to the processing device). If applicant does not intend to have the “radio printed circuit board” of claim 15 interpreted as such, applicant may amend the claim.
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.
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.
Claims 1-3 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Vo et al. (US 20200196877 A1, hereinafter "Vo") in view of Pahlevan (US 20150297105 A1).
Regarding claim 1, Vo teaches an optical sensor for monitoring pulse waveform and blood pressure of a subject (noninvasive physiological sensor [0009]; [0073] discloses physiological parameters, including pulse), comprising:
a cover (an upper sensor body 100 [0074]; figs. 3A and 1A) having a chamber formed therein (cover and chamber labeled on 10 on fig. 1I below; inside of 200 as shown in fig. 3A), wherein an outer surface of the cover has an input port and an output port formed thereon (input port and output port labeled on fig. 1I below);
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Fig.3A of Vo
an input waveguide (fiber 20g [0066]) having a first end and a second end and configured to guide a light from the first end to the second end (first end and second of input waveguide 3D labeled below), wherein the second end of the input fiber is disposed in the chamber through the input port (second end through input port and into chamber labeled below); and
a first detection waveguide (a fiber 30 [0063]) having a third end and a fourth end and configured to guide the light from the third end to the fourth end (third end and fourth end labeled in fig. 1I below), wherein the third end is disposed in the chamber through the output port and configured to receive the light transmitted from the second end of the input waveguide (emitters and corresponding fibers transmit light into tissue and fibers on an opposite side of the tissue collect the attenuated light [0067]; can include emitter package … 20 g …detector assembly 30′ that includes multiple detectors [0064]; fiber 20/input waveguide emits light, and fiber 30/first detection waveguide receives light emitted) ;
wherein the second end of the input waveguide is not in contact with the third end of the first detection waveguide (second end of the input waveguide is separated from the third end of the input waveguide as shown in annotated fig. 1I below), and the second end of the input waveguide is configured to move relatively to the third end of the first detection waveguide with pulse of the subject (move the first and second optical fibers toward each other within the interior space of the lower sensor body and compress a portion of the finger of the user [0009]; Such angles and/or orientation of ends of fibers 30 d and/or fiber 20 g can advantageously allow the fibers 30 d, 20 g to press deeper into tissue which can in turn increase the ability for transmitted light to pass more directly through skin layers and blood vessels of the tissue (via fiber 20 g) and be attenuated (to fibers 30 d). The angles of ends of fibers 30 d, 20 g can also advantageously better align with and/or conform to surfaces of tissue of a user (for example, skin surfaces on a bottom of a user's finger) which may be angled or curved. [0066]; the ends of the fiber 30g and 20d, i.e. move, further the light is attenuated as a result of the finger/tissue/veins ).
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Annotated fig. 1I of Vo reproduced above
Vo, however, does not teach: the chamber is sealed with a soft membrane, and the soft membrane is used to attach the optical sensor to the subject's skin.
Pahlevan is considered analogous to the instant application as “Portable electronic hemodynamic sensor systems” is disclosed (title).
Pahlevan teaches the chamber is sealed with a soft membrane, and the soft membrane is used to attach the optical sensor to the subject's skin (a sensor membrane may be provided in the (optical) sensor system. The membrane may comprise any number of plastics, animal skin, and/or rubber. A polyester or polyurethane membrane may be preferred [0016]; the membrane is located or placed in contact with the skin where signal acquisition is desired (i.e., between the optical sensor and the skin). The thickness of the membrane and material from which it constructed (e.g., rubber, plastic, metal or composite material) is chosen to exhibit mechanical properties that allow the membrane to follow the underlying pulse waveform and record the same [0017]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the combined invention of Vo to include the chamber is sealed with a soft membrane, and the soft membrane is used to attach the optical sensor to the subject's skin, as taught by Pahlevan. Doing so would decrease signal noise ([0017]).
Regarding claim 2, modified Vo teaches the optical sensor of claim 1, as discussed above. Vo further teaches:
a second detection waveguide having a fifth end and a sixth end and configured to guide the light from the fifth end to the sixth end (fifth and sixth end is labeled in figs. 1G and 1J below, the second detection waveguide is one of the multiple detection fibers, labeled below; emitters and corresponding fibers transmit light into tissue and fibers on an opposite side of the tissue collect the attenuated light [0067]; can include emitter package … 20 g …detector assembly 30′ that includes multiple detectors [0064]; fiber 20/input waveguide emits light, and fiber 30/first detection waveguide receives light emitted); wherein the fifth end is disposed in the chamber through the output port and configured to receive the light transmitted from the second end of the input waveguide (fifth end is labeled in fig. 1J below, it is a detector and receives light; emitters and corresponding fibers transmit light into tissue and fibers on an opposite side of the tissue collect the attenuated light [0067]);
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Fig. 1J of Vo with annotations
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Fig. 1G of Vo with annotations
wherein the second end of the input waveguide is not in contact with the fifth end of the second detection waveguide (second end/20g is not in contact with the fifth end, as shown in fig. 5 below), and the second end of the input waveguide is configured to move relatively to the fifth end of the second detection waveguide (move the first and second optical fibers toward each other within the interior space of the lower sensor body and compress a portion of the finger of the user [0009]; Such angles and/or orientation of ends of fibers 30 d and/or fiber 20 g can advantageously allow the fibers 30 d, 20 g to press deeper into tissue which can in turn increase the ability for transmitted light to pass more directly through skin layers and blood vessels of the tissue (via fiber 20 g) and be attenuated (to fibers 30 d). The angles of ends of fibers 30 d, 20 g can also advantageously better align with and/or conform to surfaces of tissue of a user (for example, skin surfaces on a bottom of a user's finger) which may be angled or curved. [0066]; the ends of the fiber 30g and 20d, i.e. move).; and
wherein the third end of the first detection waveguide is adjacent and parallel to the fifth end of the second detection waveguide (the waveguides/fibers 30 are parallel as shown in fig. 1J), and the second end of the input waveguide (20g) is disposed along the middle line of the third end of the first detection waveguide and the fifth end of the first detection waveguide (second end of the input waveguide 20g is centered along the detection waveguides 30 as shown in fig. 1J).
Regarding claim 3, modified Vo teaches the optical sensor of claim 1, as discussed above. Vo further teaches wherein the first detection waveguide comprises four micro waveguides forming a quadrant detector configured in a quadrant configuration or a cross configuration ([0063] While FIG. 1E illustrates six fibers 20 b′, the number of fibers 20 b′ can be different than six. For example, the number of fibers 20 b′ can be one, two, three, four, five, six, seven, or eight or more and can correspond to the amount of emitters in the emitter package 20 a; optical fibers are known in the art to have a width in the micron range)
Regarding claim 8, modified Vo teaches the optical sensor of claim 1, as discussed above. Vo further teaches wherein the first end of the input waveguide is configured to couple with a light source directly or by a first optical fiber (a fiber 30 [0063]; is an optical fiber), the fourth end of the first detection waveguide is configured to couple with a detector directly or by a second optical fiber (a detector assembly 30, which can include a detector 30 a, a fiber 30 b (such as an optical fiber [0062]; can include emitter package … 20 g …detector assembly 30′ that includes multiple detectors [0064])
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Vo et al. (US 20200196877 A1, hereinafter "Vo") in view of Pahlevan (US 20150297105 A1) and Wang et al. (US 20200069200 A1, hereinafter “Wang”).
Regarding claim 5, Vo teaches optical sensor of claim 1, as discussed above. Vo, however is silent regarding a cantilever comprising a plastic deforming plate having a free end coupled to the second end of the input waveguide in the chamber.
Wang is considered analogous to the application as “Smart watch and method for measuring pulse information“ is disclosed (title).
Wang teaches: a cantilever comprising a plastic deforming plate (211; The first band body 211 and the second band body 221 of the present disclosure may be made by adopting material such as nylon and flexible plastic etc. [0080]) having a free end coupled to the second end of the input waveguide in the chamber (A plurality of mounting holes are defined inside of the first band body 211 and the second band body 221. The mounting holes extending along the length direction of the watchband and acting as an optical fiber channel to facilitate the mounting holes to wrap the optical fiber [0080]; the optical fibers are free on end, opposite to the attachment side 311, the input end 311 is described in para. [0057]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Wang to include a cantilever comprising a plastic deforming plate having a free end coupled to the second end of the input waveguide in the chamber, as taught by Wang. Doing so would allow to improve accuracy of the pulse information measurement, as suggested by Wang ([0055]).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Vo et al. (US 20200196877 A1, hereinafter "Vo") in view of Pahlevan (US 20150297105 A1), Wang et al. (US 20200069200 A1, hereinafter “Wang”), and Oba et al. (US 20220369963 A1, hereinafter “Oba”).
Regarding claim 6, modified Wang teaches optical sensor of claim 5, as discussed above. Wang, however, is silent regarding a cylindrical applicator penetrating through the cover, wherein the cylindrical applicator has a first side in contact with the plastic deforming plate and a second side opposite the first side.
Oba is considered analogous to the instant application as “Biological information measuring device and biological information measuring method is disclosed (title). Oba teaches a … applicator penetrating through the cover, wherein the … applicator has a first side in contact with the plastic deforming plate and a second side opposite the first side ([0182] and 12A-12C disclose the shifting of the prism (i.e. “applicator”) within the center of the device, which causes the optical fibers 154 and 153 to move accordingly; one side of the optical fiber is fixed, and the other side on the prism 182 moves freely/up and down ).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the combined invention of Wang to include a applicator penetrating through the cover, wherein the applicator has a first side in contact with the plastic deforming plate and a second side opposite the first side, as suggested by Oba. Doing so would allow to make the contact region or the contact pressure described above consistent, as suggested by Oba ([0208]).
While Oba is silent on applicators being cylindrical in shape, it is noted that the Applicant’s specification does not impute any significance and/or criticality to the claimed conical shape. Accordingly, it is herein asserted that the claimed cylindrical shape is neither significant nor critical, therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date, to change the shape of the applicator of Oba, such that the locating formation is conical in shape in order to achieve having the capability of being pressed against a surface of the body. See MPEP 2144.04.IV.B.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Vo et al. (Vo US 20200196877 A1, hereinafter "Vo") in view of Pahlevan (US 20150297105 A1), Wang et al. (US 20200069200 A1, hereinafter “Wang”), and Oba et al. (US 20220369963 A1, hereinafter “Oba”) and Fei (US 20150282713 A1).
Regarding claim 7, modified Wang teaches the optical sensor of claim 6, as discussed above. Wang, however, is silent regarding a bump disposed on the second side of the cylindrical applicator.
Fei is considered analogous to the instant application as “Systems and Methods for Optical Isolation In Measuring Physiological Parameters” is disclosed (title). Fei teaches regarding a bump disposed on the second side of the … applicator (located in raised portion 250 may be a further raised portion 260 [0047])
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the combined invention of Vo to modify the cylindrical applicator such that a bump disposed on the second side of the applicator, as taught by Fei. Doing so would allow to adequately urge the optical sensor against the user's skin, as suggested by Fei ([0047]).
Claims 12 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Vo et al. (US 20200196877 A1, hereinafter "Vo") in view of Pahlevan (US 20150297105 A1), and Yang (US 20190290138 A1)
Regarding claim 12, Vo teaches a system for monitoring pulse waveform and blood pressure of a subject, comprising:
Vo teaches a system for monitoring pulse waveform and blood pressure of a subject, comprising:
a transmitter comprising a light source (Emitter package 20 a can include one or a plurality of emitters (such as two, three, four, five, six, seven, or eight or more emitters) which emit light at the same or different wavelengths or wavelength regions, similar [0062]) and a detector (a detector assembly 30, which can include a detector 30 a [0062]), and the transmitter is configured to collect and deliver signal …. produced by the detector (The host instrument 408 can receive signals indicative of the physiological parameter information calculated by the processor 404. The host instrument 408 preferably includes one or more display devices 424 capable of displaying indicia representative of the calculated physiological parameters of the tissue 418 [0073]);
the optical sensor of claim 1 (noninvasive physiological sensor 10 [0073]); claim 1 discussed above), coupled to the transmitter by a connector (a coupler 20 c [0062]) and configured to guide a light from the light source to the detector ( a detector assembly 30, which can include a detector 30 a, a fiber 30 b (such as an optical fiber), [0062]; noninvasive physiological sensor 10 [0073]; Emitter package 20 a can include one or a plurality of emitters…which emit light [0062]), and
a processing device, configured to process the signal delivered by the transmitter (processor 404 can receive one or more intensity signal(s) indicative of one or more parameters of tissue of a user [0071]).
Vo, however, does not teach [the transmitter is configured to collect and deliver signal] regarding the pulse waveform [produced by the detector].
Yang is considered analogous to the instant application as “Optical fiber blood pressure continuous detection wristband and wearing apparatus” is disclosed (title).
Yang teaches the transmitter is configured to collect and deliver signal regarding the pulse waveform produced by the detector (optical fiber sensing assembly module includes a sensing band and an optical fiber configured to extend along the sensing band and form a sensing area to sense a pulse wave [0014]; [0081] discloses transmission of light).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the combined invention of Vo to include the transmitter is configured to collect and deliver signal regarding the pulse waveform produced by the detector, as suggested by Yang. Doing so would improve the precision of blood detecting, as suggested by Vo ([0095]).
Regarding claim 21, modified Vo teaches the patch sensor system of claim 12, as discussed above. Vo further teaches wherein the processing device is configured with:
a data acquisition (DAQ) system for analyzing the signal delivered by the transmitter (With reference to FIGS. 1B, 1C, and 1G, the detectors 30 a and/or the I0 detector 4 can be connected to a cable or circuit, such as a flex circuit 33. Flex circuit 33 can transmit signals responsive to the light detected by detectors 30 a and/or the I0 detector 4 to a user monitor or other processing device (such as user monitor 420) for further processing and/or analysis. [0065]); and
a graphical user interface (GUI) for displaying the pulse waveform and blood pressure according to the signal (as user monitor 420) for further processing and/or analysis [0065]; user interfaces [0069])
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Vo et al. (US 20200196877 A1, hereinafter "Vo") in view of Pahlevan (US 20150297105 A1), Yang (US 20190290138 A1), and Amerson et al. (US 20150112170 A1, hereinafter “Amerson”)
Regarding claim 13, modified Vo teaches the system of claim 12, as discussed above. Vo, however, does not teach wherein the transmitter further comprises: a housing having an interface slot for accommodating the connector.
Amerson is considered analogous to the instant application as “a non-invasive device and method for measuring analytes and physiological parameters in a biological being” is disclosed ([0002]).
Amerson teaches a housing having an interface slot for accommodating the connector ([0039] discloses a housing with an “interface slot” 12 that is within the wristband the connects the device within the wristband, shown in figures 1A and 1B).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the combined invention of Vo to include wherein the transmitter further comprises: a housing having an interface slot for accommodating the connector, as taught by Amerson. Doing so would allow [for the device] to be placed direct contact with the user's skin, or may be slightly raised from the user's skin, as suggested by Amerson ([0039]).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Vo et al. (US 20200196877 A1, hereinafter "Vo") in view of, Pahlevan (US 20150297105 A1) Yang (US 20190290138 A1), and Amerson et al. (US 20150112170 A1, hereinafter “Amerson”) and Blank et al (US 6415167 B1, hereinafter “Blank”)
Regarding claim 14, modified Vo teaches the system of claim 12, as discussed above. Vo, however, does not teach wherein the connecter has a taper structure for allowing insertion into the interface slot or relieving strain of the input waveguide or the first detection waveguide.
Blank is considered analogous to the instant application as “Fiber optic probe placement guide” is disclosed (title). Blank teaches wherein the connecter has a taper structure for allowing insertion into the interface slot (Guideposts on the external surface of the mount are received by corresponding receptacles on a subject interface bearing the fiber optic probe, Col. 3 lines 11-14; guideposts/connector 21 have a tapered structure that allows to be inserted into interface slot 32 as shown in fig. 3).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the combined invention of Vo to include wherein the connecter has a taper structure for allowing insertion into the interface slot, as taught by Blank. Doing so would facilitate alignment of the probe with the probe aperture as suggested by Blank (Guideposts on the exterior surface of the fiber optic probe placement guide fit into corresponding guidepost recesses on a subject interface bearing the fiber optic probe to facilitate alignment of the probe with the probe aperture; Col. 3 lines 10-15).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Vo et al. (US 20200196877 A1, hereinafter "Vo") in view of Pahlevan (US 20150297105 A1), Yang (US 20190290138 A1), and Fei (US 20150282713 A1)
Regarding claim 15, modified Vo teaches the system of claim 12, as discussed above. Vo further teaches wherein the transmitter further comprises:
an optical printed circuit board … and configured for carrying the light source and the detector, powering the light source, and/or receiving the signal from the detector (The processor 404 can comprise processing circuitry arranged on one or more printed circuit boards … The processor 404 can convert digital control signals into analog drive signals capable of driving emitters and can convert composite analog intensity signal(s) from light sensitive detectors into digital data [0071])
a radio printed circuit board … and configured for carrying a Bluetooth radio and/or sending the signal to the processing device (The processor 404 can comprise processing circuitry arranged on one or more printed circuit boards … The processor 404 can convert digital control signals into analog drive signals capable of driving emitters and can convert composite analog intensity signal(s) from light sensitive detectors into digital data [0071]; communication can be via wireless protocols such as Wi-Fi, Bluetooth, ZigBee, Z-wave, or radio frequency such as near field communication [0073]); and
a printed circuit board carrying a micro controller unit ( The system 400 may include other electrical components such as… microcontroller [0072]) for managing functionality of the transmitter (The processor 404 can comprise processing circuitry arranged on one or more printed circuit boards … The processor 404 can convert digital control signals into analog drive signals capable of driving emitters and can convert composite analog intensity signal(s) from light sensitive detectors into digital data [0071])
Vo, however, does not teach an optical printed circuit board disposed in the housing, a radio printed circuit board disposed in the housing,
Fei is considered analogous to the instant application as “Systems and Methods for Optical Isolation In Measuring Physiological Parameters” is disclosed (title). Fei teaches an optical printed circuit board disposed in the housing (the light source(s) and photo detector(s) may be positioned by and mounted to a printed circuit board [0010], a radio printed circuit board disposed in the housing ([0043] discloses wireless/Bluetooth communication within the device, i.e. within the housing).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the combined invention of Vo to include an optical printed circuit board disposed in the housing, a radio printed circuit board disposed in the housing, as taught by Fei. Doing so may ensure that light detected by the one or more photo detectors is light that has been reflected by a user's tissue rather than light emitted directly from the one or more light sources (whether that light has traveled across the user's tissue or across the printed circuit, as suggested by Fei ([0010]).
Regarding claim 16, modified Vo teaches the system of claim 15, as discussed above. Vo further teaches wherein the printed circuit board carrying the micro controller (The processor 404 can comprise processing circuitry arranged on one or more printed circuit boards capable [0071]; microcontroller [0072]) further carries a control interface for programing and testing of functionality of the transmitter ([0071]-[0072] discloses driving the emitter, as well as determining real-time values from the emitter), and wherein the control interface comprises a 7-segment display, a voltage regulator, a header, a touch sensor (fig. 10 and [0070]-[0072] disclose a user interface with various keypads, indicators, etc.), or any combination thereof.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Vo et al. (US 20200196877 A1, hereinafter "Vo") in view of Pahlevan (US 20150297105 A1), Yang (US 20190290138 A1), Caron et al. (US 20200305733 A1, hereinafter “Caron”)
Regarding claim 17, modified Vo teaches the system of claim 12, as discussed above. Vo, however, does not teach wherein the connector comprises: a male part for receiving the input waveguide and the first detection waveguide; and a female part for connecting the input waveguide and the first detection waveguide to the transmitter in accordance with disposition of the light source and the detector, wherein the male part is couple to the female part.
Caron is considered analogous to the instant application as a medical device is disclosed ([0002]).
Caron teaches a male part for receiving the input waveguide and the first detection waveguide; and a female part for connecting the input waveguide and the first detection waveguide to the transmitter in accordance with disposition of the light source and the detector, wherein the male part is couple to the female part (the micro-coupler 140 comprises male and female parts, 142 and 144 respectively, to provide for optical coupling …. An alignment means, such as facet 43 of the male part 142, which aligns to a corresponding facet (not visible) in the female part 144 ensures that individual fibers 11 are indexed, aligned and correctly optically coupled to respective corresponding individual fibers 13 for optical data communication. The connector 140 may also include a suitable fastening means [0107]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the combined invention of Vo to include a male part for receiving the input waveguide and the first detection waveguide; and a female part for connecting the input waveguide and the first detection waveguide to the transmitter in accordance with disposition of the light source and the detector, wherein the male part is couple to the female part, as suggested by Caron. Doing so would allow for securely attaching and locking/unlocking the two parts, as suggested by Caron ([0107]).
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Vo et al. (US 20200196877 A1, hereinafter "Vo") in view of Pahlevan (US 20150297105 A1), Yang (US 20190290138 A1), Caron et al. (US 20200305733 A1, hereinafter “Caron”) and Watts (US 20230389870 A1)
Regarding claim 18, modified Vo teaches the system of claim 17, as discussed above. Vo, however, does not teach wherein the male part is magnetically coupled to the female part.
Watts is considered analogous to the instant application as a device that measures physiological parameters is disclosed (abstract), as well as optical transmission ([0061]-[0065]).
Watts teaches wherein the male part is magnetically coupled to the female part ([0113] discloses two different portions of the device, i.e. male and female part, that are magnetically coupled).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the combined invention of Vo to include wherein the male part is magnetically coupled to the female part, as taught by Watts, in order to facilitate removable attachment of the device.
Regarding claim 19, modified Vo teaches system of claim 18, as discussed above. Vo, however does not teach wherein the male part has a first set of magnets, and the female part has a second set of magnets, wherein the first set of magnets and the second set of magnets corresponds in numbers and location to allow self-aligned coupling between the male part and the female part (the second portion 710 may include one or more detachments features that are configured to interface with one or more detachment features of the first portion 705 so that the second portion 710 is detachably coupled with the first portion 705. For example, the second portion 710 may include a quantity of magnets along the surface of the second portion 710 so that the magnets align and interface with a quantity of counterpart magnets (or metal areas) of the first portion when the second portion 710 is inserted into the first portion 705 [0113]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the combined invention of Vo to include wherein the male part has a first set of magnets, and the female part has a second set of magnets, wherein the first set of magnets and the second set of magnets corresponds in numbers and location to allow self-aligned coupling between the male part and the female part, as taught by Watts. Doing so would facilitate alignment of the two parts of the device.
Regarding claim 20, modified Vo teaches system of claim 19, as discussed above. Vo, however does not teach, wherein the transmitter is configured to not power on unless the first set of magnets and the second set of magnets are aligned in place.
Watts, however, teaches wherein the transmitter ([0061]-[0065] disclose optical transmission, which is on the device 104) is configured to not power on unless the first set of magnets and the second set of magnets are aligned in place (device does not power on unless second portion 210 is attached, which contains magnets for attachment, as disclosed in [0111]-[0113]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the combined invention of Vo to include wherein the transmitter is configured to not power on unless the first set of magnets and the second set of magnets are aligned in place, as taught by Watts. Doing so would facilitate alignment of the two parts of the device.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Vo et al. (US 20200196877 A1, hereinafter "Vo") in view of Pahlevan (US 20150297105 A1), Yang (US 20190290138 A1) and Burton (US 20210169417 A1).
Regarding claim 22, modified Vo teaches patch sensor system of claim 12, as discussed above. Vo, however does not teach wherein the housing has a ring structure configured to hold a wristband, and the optical sensor is embedded in the wristband near a radial artery of the subject.
Yang, however, teaches
the optical sensor is embedded in the wristband near a radial artery of the subject (the optical fiber 13 blood pressure continuous detection wristband of the present application on the wrist to be detected to detect the radial artery pulse wave signal [0110]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the combined invention of Vo to include the optical sensor is embedded in the wristband near a radial artery of the subject, as taught by as suggested by Yang. Doing so would improve the precision of blood detecting, as suggested by Yang ([0095]).
The combined invention still does not teach wherein the housing has a ring structure configured to hold a wristband.
Burton is considered analogous to the instant application as “MOBILE WEARABLE MONITORING SYSTEMS” is disclosed (title). Burton teaches
wherein the housing has a ring structure configured to hold a wristband (wearable watch, wrist or ankle (FIG. 34) or other device or parts or strap(s) or buckle associated with such device [1763]; ring structure on the middle portion/housing in fig.34 that has a buckle that loops through the ring structure shown in wristband).
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Fig. 34 of Burton reproduced above
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the combined invention of Vo to include wherein the housing has a ring structure configured to hold a wristband, as taught by Watts, in order to provide stability to the sensor on the wrist.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Vo et al. (US 20200196877 A1, hereinafter "Vo") in view of Pahlevan (US 20150297105 A1) Borgos (US 20080071180 A1).
Regarding claim 23, modified Vo teaches: providing the optical sensor of claim 3, as noted above (see rejection above). Vo, however, does not teach a method for monitoring pulse waveform and blood pressure of a subject, comprising: measuring the pulse waveform and blood pressure of the subject by the optical sensor to generate a pulse waveform and blood pressure signal; recognizing motion signal generated by the subject; filtering the motion signal from the pulse waveform and blood pressure signal; and reconstructing an accurate pulse waveform and blood pressure signal. Borgos is considered analogous to the instant application as “Vital Sign Detection Method and Measurement Device” is disclosed (title). Borgos teaches A method for monitoring pulse waveform and blood pressure of a subject, comprising
measuring the pulse waveform and blood pressure of the subject by the optical sensor to generate a pulse waveform and blood pressure signal (the vital sign can be at least one of a heart rate, an arterial pulse waveform, a systolic blood pressure, a diastolic blood pressure, a mean arterial blood pressure [0015])
recognizing motion signal generated by the subject (sense movement corresponding to an arterial pulse when the occluding device occludes the anatomical location of the subject. The motion sensor includes a sensor pad positioned for placement against an anatomical location of a subject and to move in response to an arterial pulse [0007])
filtering the motion signal from the pulse waveform and blood pressure signal ([0077]-[0078] discloses filtering movement from the obtained optical signal)
and reconstructing an accurate pulse waveform and blood pressure signal ([0079] discloses calculating the output signal after signaling, and calculating the vital signs, i.e. an accurate pulse waveform and blood pressure signal).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the combined invention of Vo to include a method for monitoring pulse waveform and blood pressure of a subject, comprising: measuring the pulse waveform and blood pressure of the subject by the optical sensor to generate a pulse waveform and blood pressure signal, recognizing motion signal generated by the subject, filtering the motion signal from the pulse waveform and blood pressure signal; and reconstructing an accurate pulse waveform and blood pressure signal, as taught by Borgos. Doing so would allow for a precise determination of the systolic pressure, as suggested by Borgos ([0040]).
Response to Arguments
Applicant's arguments filed 11/28/2025 have been fully considered but they are not persuasive.
Regarding the 35 U.S.C. 102 rejection of claim 1, see pages 8-10, applicant’s arguments are premised upon the assertion that the prior art does not teach the newly added limitations regarding the soft membrane, and the “…input waveguide is configured to move relatively to the third end of the first detection waveguide with pulse of the subject”. In response, the examiner asserts that the arguments are moot in view of new grounds of rejection which relies upon Pahlevan (US 20150297105 A1) to teach this limitation regarding the soft membrane. Regarding the limitation for “…input waveguide is configured to move relatively to the third end of the first detection waveguide with pulse of the subject”, Vo discloses that the light is attenuated as result of the tissue/veins present in the hand ([0067]), as noted above. 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., "sensor technology of the present application is fundamentally distinctive in its approach, as it detects mechanical vibrations within peripheral blood vessels to infer blood pressure and pulse waveforms, with no light entering the tissue" see remarks pages 9) 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).
Regarding the 35 U.S.C. 103 rejection of claim 5, see page 11, 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., utilizes a mechanical sensor that detects vibrations in) 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). Applicant further argues on page 11 that the claim is allowable due to dependency on claim 1. Examiner respectfully disagrees for the reasons discussed above. Accordingly, the argument is not persuasive.
Regarding the 35 U.S.C. 103 rejection of claim 6, see page 11-12, 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 present application measures mechanical vibrations in peripheral vessels induced by cardiac activity, and thus involves no light transmission through tissue", see remarks pages 11-12) 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). Applicant further argues on page 12 that the claim is allowable due to dependency on claim 1. Examiner respectfully disagrees for the reasons discussed above. Accordingly, the argument is not persuasive.
Regarding the 35 U.S.C. 103 rejection of claim 7, see page 12, 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., employs a mechanical sensor to detect vibrations in peripheral vessels, independent of light transmission through tissue, see remarks page 12) 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). Applicant further argues on page 12 that the claim is allowable due to dependency on claim 1. Examiner respectfully disagrees for the reasons discussed above. Accordingly, the argument is not persuasive.
Regarding the 35 U.S.C. 103 rejection of claim 12 and 21, applicant arguments on pages 12-13 are premised upon the assertion that the claim are allowable as Vo does not teach the “the optical sensor of claim 1”. In response, the examiner asserts that the claim is now rejected under new grounds of rejection as noted above. Accordingly, this argument is moot.
Regarding the 35 U.S.C. 103 rejection of claim 13-22, see page 13-15, 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., "...its principles differ from the vibration-based measurement approach of the present application" see remarks page 13-15) 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). Applicant further argues on pages 13-15 that the claim is allowable due to dependency on claim 1. Examiner respectfully disagrees for the reasons discussed above. Accordingly, the argument is not persuasive.
Regarding the 35 U.S.C. 103 rejection of claim 23, applicant argument’s on page 16 of remarks are that the claim is allowable as Vo does not teach the “the optical sensor of claim 3”. In response, the examiner asserts that the claim is now rejected under new grounds of rejection as noted above. Accordingly, this argument is moot.
Conclusion
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.
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/N.B./Examiner, Art Unit 3798
/PASCAL M BUI PHO/Supervisory Patent Examiner, Art Unit 3798