DETAILED ACTION
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 action is in response to amendments filed on 10/16/2025. Claim 1 has been amended. Claim 9 has been cancelled. Claims 1-8, 10-20 are pending and examined below.
Claim Rejections - 35 USC § 102
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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-17. 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20190365231 A1 (hereinafter referred to as “Kwon”).
Regarding claim 1, Kwon, a biological optical sensor device, teaches A photo plethysmography (PPG) sensor (as), comprising:
a first light-emitting assembly, configured to emit a first optical signal (paragraphs [0155]-[0156]; Figure 21);
a second light-emitting assembly, configured to emit a second optical signal (paragraphs [0155]-[0156]; Figure 21); and
a plurality of photoelectric sensors, configured to receive the first optical signal and the second optical signal (paragraphs [0155]-[0156]; Figure 21);
wherein a distance between the first light-emitting assembly and at least one of the plurality of photoelectric sensors is greater than a minimum one of distances between the second light-emitting assembly and each of the plurality of photoelectric sensors (paragraphs [0155]-[0156]; Figure 21). Regarding claim 2, Kwon teaches wherein
a distance between one of at least two of the plurality of photoelectric sensors and the first light-emitting assembly is different from a distance between another one of the at least two of the plurality of photoelectric sensors and the first light-emitting assembly (paragraphs [0155]-[0156]; as shown in Figure 21).
Regarding claim 3, Kwon teaches wherein
the plurality of photoelectric sensors are arranged along a same straight line at intervals (paragraphs [0155]-[0156]; as shown in Figure 21); and
the first light-emitting assembly and the second light-emitting assembly are located at a same side of the straight line (paragraphs [0155]-[0156]; as shown in Figure 21).
Regarding claim 4, Kwon teaches wherein
the plurality of photoelectric sensors are arranged along a same straight line at intervals (paragraphs [0155]-[0156]; as shown in Figure 21); and
the first light-emitting assembly is located at one side of the straight line, the second light-emitting assembly is located at the other side of the straight line (paragraphs [0155]-[0156]; as shown in Figure 21).
Regarding claim 5, Kwon teaches wherein
the first light-emitting assembly and the plurality of photoelectric sensors are arranged along a same straight line at intervals (paragraphs [0155]-[0156]; as shown in Figure 21); and
the second light-emitting assembly is not on the straight line (paragraphs [0155]-[0156]; as shown in Figure 21).
Regarding claim 6, Kwon teaches wherein
the plurality of photoelectric sensors are arranged in an array (paragraphs [0155]-[0156]; as shown in Figure 21);
the second light-emitting assembly is located at a central position of the array (paragraphs [0155]-[0156]; as shown in Figure 21); and
the first light-emitting assembly is located outside of an area where the array is located in (paragraphs [0155]-[0156]; as shown in Figure 21).
Regarding claim 7, Kwon teaches wherein
the first light-emitting assembly and the plurality of photoelectric sensors are arranged in an array (paragraphs [0155]-[0156]; as shown in Figure 21); and
the second light-emitting assembly is located at a central position of the array (paragraphs [0155]-[0156]; as shown in Figure 21).
Regarding claim 8, Kwon teaches wherein
the array comprises a rectangular array or an annular array (paragraphs [0155]-[0156]; as shown in Figure 21).
Regarding claim 9, Kwon teaches wherein
the second light-emitting assembly is further configured to emit the first optical signal, the first optical signal comprises at least one selected from the group consisting of red light and infrared light (paragraph [0020]-[0022], [0144]).
Regarding claim 10, Kwon teaches wherein
each of the plurality of photoelectric sensors constitutes a first blood oxygen measurement channel with the first light-emitting assembly (paragraphs [0155]-[0156], [0168]; as shown in Figure 21);
each of the plurality of photoelectric sensors constitutes a heart rate measurement channel with the second light-emitting assembly (paragraphs [0155]-[0156], [0168]; as shown in Figure 21);
the PPG sensor further comprises a processing module (paragraphs [0155]-[0156], [0122], [0168]; as shown in Figure 21),
the processing module is connected to the first light-emitting assembly, the second light-emitting assembly, and each of the plurality of photoelectric sensors (paragraphs [0155]-[0156], [0168]; as shown in Figure 21),
the processing module is configured to obtain, based on testing results of each first blood oxygen measurement channel, a blood oxygen testing result (paragraphs [0155]-[0156], [0168]; as shown in Figure 21), and
the processing module is configured to obtain, based on testing results of each heart rate testing channel, a heart rate testing result (paragraphs [0155]-[0156], [0168]; as shown in Figure 21). Regarding claim 11, Kwon teaches wherein
the processing module is further configured to drive the second light-emitting assembly to emit the first optical signal (paragraph [0167]);
each of the plurality of photoelectric sensors constitutes a second blood oxygen testing channel with the second light-emitting assembly (paragraphs [0155]-[0156], [0168]; as shown in Figure 21);
the processing module is further configured to obtain, based on a maximum one of testing results of each first blood oxygen measurement channel and each second blood oxygen testing channel, the blood oxygen testing result (paragraphs [0155]-[0156], [0168]; as shown in Figure 21).
Regarding claim 12, Kwon teaches wherein
the first light-emitting assembly is a two-in-one LED assembly emitting red light and infrared light (paragraphs [0144], [0155]-[0156], [0168]; as shown in Figure 21), and
the second light-emitting assembly is a green-light LED (paragraphs [0144], [0155]-[0156], [0168]; as shown in Figure 21).
Regarding claim 13, Kwon teaches wherein
the processing module comprises:
an analog front-end processing unit, connected to the first light-emitting assembly, the second light-emitting assembly and each of the plurality of photoelectric sensors, wherein the analog front-end processing unit is configured to drive the first light-emitting assembly and the second light-emitting assembly to emit the first optical signal, to receive the photoelectric signals acquired by each of the plurality of photoelectric sensors, and to accordingly obtain testing results corresponding to each blood oxygen measurement channel and testing results corresponding to each heart rate measurement channel (paragraph [0167]-[0168]); and
a processor, connected to the analog front-end processing unit, wherein the processor is configured to obtain the blood oxygen testing result according to the testing results corresponding to each blood oxygen measurement channel, and to obtain the heart rate testing result according to the testing results corresponding to each heart rate measurement channel (paragraph [0167]-[0168]).
Regarding claim 14, Kwon teaches wherein
the first light-emitting assembly is a two-in-one LED assembly emitting red light and infrared light (paragraph [0020]-[0022], [0144], [0155]-[0156]; as shown in Figure 21), and
the second light-emitting assembly is a green-light LED (paragraph [0020]-[0022], [0144], [0155]-[0156]; as shown in Figure 21).
Regarding claim 15, Kwon teaches wherein
the number of the plurality of photoelectric sensors is 4 (paragraphs [0155]-[0156]; as shown in Figure 21), and
the first light-emitting assembly, the second light-emitting assembly and the four photoelectric sensors constitute four first blood oxygen measurement channels and four heart rate measurement channels (paragraphs [0155]-[0156], [0168]; as shown in Figure 21).
Regarding claim 16, Kwon teaches wherein
the first light-emitting assembly is a two-in-one LED assembly emitting red light and infrared light (paragraphs [0144], [0155]-[0156], [0168]; as shown in Figure 21), and
the second light-emitting assembly is a three-in-one LED assembly comprising a red-light LED, an infrared-light LED and a green-light LED (paragraphs [0144], [0155]-[0156], [0168]; as shown in Figure 21).
Regarding claim 17, Kwon teaches wherein the number of the plurality of photoelectric sensors is 4 (paragraphs [0144], [0155]-[0156], [0168]; as shown in Figure 21), and
the first light-emitting assembly, the second light-emitting assembly and the four photoelectric sensors constitute eight blood oxygen measurement channels and four heart rate measurement channels (paragraphs [0144], [0155]-[0156], [0168]; as shown in Figure 21).
Regarding claim 19, Kwon teaches An electronic device (abstract), comprising:
a housing, defining a detection window (as shown in Figure 34); and
a photo plethysmography (PPG) sensor exposed from the detection window (paragraph [0040]),
wherein the PPG sensor comprises:
a first light-emitting assembly, configured to emit a first optical signal (paragraphs [0155]-[0156]; as shown in Figure 21);
a second light-emitting assembly, configured to emit a second optical signal (paragraphs [0155]-[0156]; as shown in Figure 21); and
a plurality of photoelectric sensors, configured to receive the first optical signal and the second optical signal (paragraphs [0155]-[0156]; as shown in Figure 21);
wherein a distance between the first light-emitting assembly and at least one of the plurality of photoelectric sensors is greater than a minimum one of distances between the second light-emitting assembly and each of the plurality of photoelectric sensors (paragraphs [0155]-[0156]; as shown in Figure 21).
Regarding claim 20, Kwon teaches A wearable device (abstract), comprising:
a strap assembly (Figure 34); and
an electronic device, the strap assembly is configured to fix the electronic device to a human body (Figure 34),
wherein the electronic device comprises:
a housing, defining a detection window (Figure 34); and
a photo plethysmography (PPG) sensor exposed from the detection window (paragraph [0040]),
wherein the PPG sensor comprises:
a first light-emitting assembly, configured to emit a first optical signal (paragraphs [0155]-[0156]; as shown in Figure 21);
a second light-emitting assembly, configured to emit a second optical signal (paragraphs [0155]-[0156]; as shown in Figure 21); and
a plurality of photoelectric sensors, configured to receive the first optical signal and the second optical signal (paragraphs [0155]-[0156]; as shown in Figure 21);
wherein a distance between the first light-emitting assembly and at least one of the plurality of photoelectric sensors is greater than a minimum one of distances between the second light-emitting assembly and each of the plurality of photoelectric sensors (paragraphs [0155]-[0156]; as shown in Figure 21).
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.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kwon as applied to claim 1 above, and further in view of further rationale.
Regarding claim 18, Kwon does not explicitly teach wherein
the minimum one of the distances between the second light-emitting assembly and each of the plurality of photoelectric sensors ranges from 4 mm to 5 mm, and
the distance between the first light-emitting assembly and the at least one of the plurality of photoelectric sensors ranges from 7 mm to 9 mm.
However, it would have been obvious to one having ordinary skill in the art at the time the invention effectively filed to have the minimum one of the distances between the second light-emitting assembly and each of the plurality of photoelectric sensors ranges from 4 mm to 5 mm, and the distance between the first light-emitting assembly and the at least one of the plurality of photoelectric sensors ranges from 7 mm to 9 mm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/ABID A MUSTANSIR/Examiner, Art Unit 3791