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 .
Claim Rejections - 35 USC § 103
Claims 1, 6-8, and 10, are rejected under 35 U.S.C. 103 as being unpatentable over Jones et al. (US 2022/0133241; hereinafter Jones), in view of May et al. (US2023/0061149; hereinafter May), in view Corona Aparicio et al. (US 2023/0270386; hereinafter Corona, relied on Provisional application filed date 03/02/2022), and in view of Aliamiri (US 2019/0142288).
Regarding claim 1, Jones discloses a systems and methods for autocorrelation-based assessment of PPG signal quality. Jones shows a photoplethysmogram system for monitoring a user's physiological signals (see abstract), comprising: a PPG device (see abstract; fig. 3; par. [0186]) comprising: a light source (see par. [0199]); a PPG sensor configured to collect light reflected from a user's fingertip after being emitted by the light source (see fig. 3; par. [0199], [0200]); and a pressure sensor (see par. [0114], [0645], [0655], [0656]), located next to the PPG sensor (see par. [0114], [0645], [0655], [0656]), the pressure sensor configured to determine a position of the fingertip and measure a contact pressure of the PPG device to the user’s fingertip (see par. [0114], [0645], [0655], [0656]); an analysis module, electrically connected to the PPG device, the analysis module configured to analyze and process a plurality of collected data from the PPG device (see abstract; fig. 1, 3, 4; 12-13; par. [0199], [0200]); a display module electrically connected to the analysis module and configured to provide a feedback on a performance of the PPG device (see par. [0114], [0645], [0655], [0656]; fig. 1); wherein the analysis module normalizes the collected data based on the measured contact pressure and enhance the quality of the collected data (see par. [0114], [0645], [0655], [0656]).
But, Jones fails to explicitly state plurality of pressure sensors, wherein the analysis module is configured to normalize PPG data collected by the PPG sensor by dynamically adjusting, during a monitoring period, both an intensity of light emitted by the light source and a sampling rate at which the PPG sensor collects the reflected light based on the measured contact pressure using a feedback control algorithm selected from the group consisted of PID control and adaptive control techniques.
May discloses a multi-sensor clinical measuring device and method teaches using multiple pressure sensors (see par. [0100], fig. 4), and normalize PPG data collected by the PPG sensor by dynamically adjusting, during a monitoring period, a sampling rate at which the PPG sensor collects the reflected light based on the measured contact pressure using as feedback (see par. [0041]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing of the claimed invention, to have utilized the teaching of using multiple pressure sensors and normalize PPG data collected by the PPG sensor by dynamically adjusting, during a monitoring period, a sampling rate at which the PPG sensor collects the reflected light based on the measured contact pressure using as a feedback in the invention of Jones, as taught by May, to provide a more accurate pressure reading with additional pressure sensors, and provide good quality signal recording for accurate PPG.
But, Jones and May fail to explicitly state adjust during a monitoring period, an intensity of light emitted by the light source based on the measured contact pressure using a feedback control algorithm selected from the group consisted of PID control and adaptive control techniques.
Corona discloses pressure sensing for physiological measurement. Corona teaches adjust during a monitoring period; an intensity of light emitted by the light source based on the measured contact pressure using as a feedback (see par. [0081]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing of the claimed invention, to have utilized the teaching of adjust during a monitoring period, an intensity of light emitted by the light source based on the measured contact pressure using as a feedback in the invention of Jones and May, as taught by May, to modify additional parameter to provide good quality signal recording for accurate PPG.
But, Jone, May and Corona fail to explicitly state PID control and adaptive control techniques.
Aliamiri discloses a system for high obtaining high quality PPG data and teaches using PID control (see par. [0060]). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing of the claimed inventio, to have utilized the teaching of a PID control in the invention of Jones, May and Corona, as taught by Aliamiri, to be able to control the measuring parameter automatically and in real-time to provide high quality PPG signal.
Regarding claim 4, Jones, May, Corona and Aliamiri discloses the invention substantially as described in the 103 rejection above, but furthermore, May teaches the pressure sensors are surrounding the PPG sensor (see par. [0100], fig. 4).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing of the claimed invention, to have utilized the teaching of using the pressure sensors are surrounding the PPG sensor in the invention of Jones, as taught by May, to allow the passing of light.
Regarding claim 6, Jones, May, Corona and Aliamiri disclose the invention substantially as described in the 103 rejection above, furthermore, Jones shows wherein the analysis module comprise a microcontroller (see par. [0188], [0654]) and a non-transitory storage medium electrically connected to the microcontroller and stores an algorithm (see par. [0114], [0645], [0655], [0656]), the microcontroller, the non-transitory storage medium as well as the display module are integrated within the PPG device (see fig. 1), and the microcontroller uses the algorithm to (see par. [0114], [0645], [0655], [0656]), and May teaches dynamically adjusting, during the monitoring period, the sampling rate at which the PPG sensor collects the reflected light based on the measured contact pressure using as feedback (see par. [0041]), Corona teaches adjust during a monitoring period; an intensity of light emitted by the light source based on the measured contact pressure using as a feedback (see par. [0081]), and Aliamiri teaches using PID control.
Regarding claim 7, Jones shows wherein the analysis module and the display module are installed in an electronic device and the electronic device is communicatively connected to the PPG device (see fig. 1).
Regarding claim 8, Jones shows wherein the electronic device is a handheld device (see par. [0186].
Regarding claim 10, Jones, May, Corona and Aliamiri discloses the invention substantially as described in the 103 rejection above, but furthermore, Corona teaches plurality of LEDs (see par. [0044])
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing of the claimed invention, to have utilized the teaching of plurality of LEDs in the invention of Jones and May, as taught by Corona, to provide a more accurate diagnostic of the patients.
Claims 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Jones et al. (US 2022/0133241; hereinafter Jones), in view of May et al. (US2023/0061149; hereinafter May), in view Corona Aparicio et al. (US 2023/0270386; hereinafter Corona, relied on Provisional application filed date 03/02/2022), in view of Aliamiri (US 2019/0142288) as applied to claim 1 above, and further in view of Kwon et al. (US 2022/0160303; hereinafter Kwon).
Regarding claims 22-23, Jones, May, Corona and Aliamiri discloses the invention substantially as described in the 103 rejection above, furthermore Corona teaches establish a baseline contact pressure when the PPG device is properly positioned (see par. [0072], [0076], [0083]), and compare the measured contact pressure with the baseline contact pressure during the monitoring period and a deviation between the measured contact pressure and the baseline contact pressure (see par. [0072], [0076], [0083]), but fails to explicitly state adjusting signal processing parameters.
Kwon discloses an apparatus and method for detecting body component. Kwon teaches adjusting signal processing parameters using filter (see abstract; par. [0007], [0020], [0063], [0093], [0094). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing of the claimed invention to have utilized the teaching of adjusting signal processing parameters using filter in the invention of Jones, May, Corona and Aliamiri, as taught by Kwon, to be able to remove noise and passing a corresponding quality signal component.
Response to Arguments
The previous object to claim 6 and 21 has been withdrawn in view of Applicant’s amendment to claim 6 and cancelation of claim 21.
The previous rejection under 35 USC 112 (a) to claims 1, 14 and 21 has been withdrawn in view of Applicant’s amendments to claim 1 and cancelation of claims 14 and 21.
The previous rejection under 35 USC 112 (b) to claim 6 has been withdrawn in view of Applicant’s amendment to claim 6.
The previous prior art rejection to claims 14-17 has been withdrawn in view of Applicant’s cancelation of the claims.
Upon further consideration and in view of Applicant’s amendment to claim 1, the examiner has provided a new prior art rejection with new prior art combination of Jones, May, Corona and Aliamiri.
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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/SHAHDEEP MOHAMMED/ Primary Examiner, Art Unit 3797