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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/25/2026 has been entered.
Response to Amendment
Examiner notes that Applicant has submitted claims with improper claim status identifiers. For example: Claim 9 has a “previously presented” status identifier, but includes mark-up. Claim 12 has a “currently amended” status identifier, but does not appear to include any mark-up indicating an amendment. Applicant is reminded that this is sufficient grounds for non-entry of the claims. However, in the interest of advancing prosecution, the claims will be examined as currently written.
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.
Claim(s) 1-10 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schindhelm et al. (US 2015/0164375 A1, Jun. 18, 2015) (hereinafter “Schindhelm”) in view of Klemmer (US 2020/0119780 A1, Apr. 16, 2020) (hereinafter “Klemmer”) and Baheti et al. (US 2019/0133609 A1, Apr. 18, 2019) (hereinafter “Baheti”).
Regarding claims 1 and 20: Schindhelm discloses an operating method and a computer-readable recording medium having recorded thereon a program (abstract) for executing an operating method, the operating method being performed using a UWB module including a plurality of antennas ([0072]), comprising: emitting a UWB transmission signal ([0071]-[0073], [0080]); receiving a UWB reflection signal reflected from an object ([0071]-[0073], [0080]); and obtaining information of the object based on the UWB transmission signal and the UWB reflection signal ([0074], [0078]), wherein the information includes motion information of the object ([0075]), wherein the motion information is obtained based on variations of the information over time ([0075], the phase represents "variations over time"), and wherein the operating method further comprises obtaining a bio-signal by removing movement noise from the motion information, the movement noise corresponding to movement due to a change in position or posture of the object, and excluding micro- movements of a biological organ ([0079]-[0081]).
Schindhelm is silent on the information of the object being three-dimensional.
Klemmer, in the same problem solving area of non-contact bio-signal monitoring, discloses obtaining 3D information of the object based on transmission and reception from an array of antennas ([0005], figs. 9 and 10, [0087]-[0097) which may be used for gesture recognition in close distance to the device, for depth sensing at longer distances, liveliness detection, detection of bio-signals that have a range-component, such as breathing and heartbeat, or to increase the sensing quality when combining camera images with depth information ([0006]).
It would have been prima facie for one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the method and CRM of Schindhelm to include the use of 3D data in order to provide a more accurate representation of the subject and in view of Klemmer’s explicit suggestion to use 3D data for such a purpose.
Further regarding claims 1 and 20: While Schindhelm discloses that the device has a display screen ([0065]) integrated into the monitoring apparatus with the antennas (apparatus 7000, figs. 1b and 7), and Klemmer discloses the antennas are provided on a front surface of the device at least surrounding the display in the vertical and horizontal directions (figs. 13A - 17C), Schindhelm and Klemmer are silent on the antennas being arranged on a front surface of the display itself.
Baheti, in the same field of endeavor, teaches an electronic device having antennas arranged on a front surface of a display of the electronic apparatus (at least figs. 16-17, [0023]-[0024], [0047]-[0048], [0054], [0115]. [0118]). Baheti further teaches that integrating the antennas with the LCD screen (display) provides the advantage of reducing the overall size of the mobile electronic device ([0049]).
It would have been prima facie obvious for one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the method and recording medium of Schindhelm and Klemmer by implementing them on a device having the antennas arranged on a front surface of a display of the electronic apparatus as taught by Baheti, in order to allow a more compact device size in view of the further teachings of Baheti.
Regarding claim 2: Schindhelm, Klemmer, and Baheti disclose the method of claim 1. Klemmer further discloses wherein the obtaining of the three- dimensional information of the object comprises obtaining the three-dimensional information of the object responsive to at least one of positions of the plurality of antennas, an emission time of the UWB transmission signal, a reception time of the UWB reflection signal, and magnitudes and angles of the UWB transmission signal and the UWB reflection signal (figs. 9 and 10, [0087]-[0105]).
Regarding claim 3: Schindhelm, Klemmer, and Baheti disclose the method of claim 2. Klemmer further discloses wherein the obtaining of the three- dimensional information of the object further comprises obtaining at least one of a difference in emission times of the UWB transmission signal between the plurality of antennas, a difference in reception times of the UWB reflection signal between the plurality of antennas, a difference in the magnitudes and angles of the UWB transmission signal and the UWB reflection signal between the plurality of antennas, and a difference in the positions of the plurality of antennas (figs. 9 and 10, [0087]-[0105]).
Regarding claim 4: Schindhelm, Klemmer, and Baheti disclose the method of claim 1 wherein the three-dimensional information of the object comprises at least one of position information of the object, direction information of the object, movement amount information of the object, and movement speed information of the object (Schindhelm - [0062], [0075], [0079] -movement amount; Klemmer - figs. 9 and 10 show at least the object's 3D position, [0149] - phase indicates a movement amount).
Regarding claim 5: Schindhelm, Klemmer, and Baheti disclose the method of claim 1. Schindhelm further discloses wherein the obtaining of the bio-signal comprises: obtaining a signal on a frequency domain, from the three-dimensional information (see rejection of claim 1 above) of the object; filtering a signal having a certain frequency range, from the signal on the frequency domain to generate a filtered signal having the certain frequency range; and inversely transforming the filtered signal having the certain frequency range into a time domain ([0075]-[0076], [0080] - frequency domain filtering/gating implicitly discloses frequency domain transform and inverse transform; [0122]-[0126] - noise reduction can also be performed using a wavelet transform, which is another frequency domain transform, followed by filtering where the inverse transform is implicitly disclosed to return the data to its original domain for the remainder of the processing).
Regarding claim 6: Schindhelm, Klemmer, and Baheti disclose the method of claim 5, including obtaining a signal of each of an X-axis, a Y-axis, and a Z-axis from the three- dimensional information of the object (Klemmer – see at least figs. 9 and 10, and all associated description – the information on the object is in the form of three-dimensional – x, y, z – coordinates); and performing a frequency transform on the acquired data (Schindhelm - [0075]-[0076], [0080]; [0122]-[0126]). The specific limitations of “converting the signal of each of the X-axis, the Y-axis, and the Z-axis into a frequency domain signal” are merely a description of performing a frequency domain transform on three-dimensional data (as evidenced by Gabriel Popescu (Quantitative Phase Imaging of Cells and Tissues, 1st Edition; 2011)), where the combination of Schindhelm, Klemmer, and Baheti would require performing the transform(s) of Schindhelm on 3D data as combined above with respect to claim 1.
Regarding claim 7: Schindhelm, Klemmer, and Baheti disclose the operating method of claim 5. Schindhelm further discloses wherein the bio-signal comprises at least one of a heart rate signal and a respiration signal ([0075], [0078]).
Regarding claim 8: Schindhelm, Klemmer, and Baheti disclose the operating method of claim 5. Schindhelm further discloses outputting the bio- signal ([0065]).
Regarding claim 9: Schindhelm, Klemmer, and Baheti disclose the operating method of claim 5. Schindhelm further discloses detecting a change in the bio-signal, wherein if the change is greater than or equal to a reference value, generating notification information in response to the change in the bio-signal ([0021], [0060]-[0061], [0090], [0106] - Schindhelm does not explicitly state that the change must be greater in comparison to the threshold, but whether the alert condition is a change in a parameter being higher or lower than a threshold value would depend on the parameter itself, which is not claimed and several of the listed parameters of Schindhelm would be expected to have an alert based on the change being larger than a threshold such as disordered breathing severity indicators); and outputting the notification information ([0090], [0106]).
Regarding claim 10: Schindhelm, Klemmer, and Baheti disclose the operating method of claim 9. Schindhelm further discloses wherein the notification information comprises at least one of an audio signal and a video signal, and the outputting of the notification information comprises at least one of outputting the notification information through the electronic apparatus and transmitting the notification information to an external user terminal through a communication network ([0091]-[0092]).
Claim(s) 11-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schindhelm et al. (US 2015/0164375 A1, Jun. 18, 2015) (hereinafter “Schindhelm”) in view of Klemmer (US 2020/0119780 A1, Apr. 16, 2020) (hereinafter “Klemmer”).
Regarding claim 11: Schindhelm discloses an electronic apparatus comprising: a UWB module comprising a plurality of antennas ([0071]-[0073], [0080]); a memory storing one or more instructions ([0086]); and a processor communicated with the memory and configured to execute the one or more instructions stored in the memory ([0086]), wherein the UWB module transmits a UWB transmission signal to an object and receives a UWB reflection signal reflected from the object, and wherein the processor executes the one or more instructions to obtain information of the object based on the UWB transmission signal and the UWB reflection signal ([0071]-[0074], [0080]), wherein the information includes motion information of the object ([0075]), wherein the motion information is obtained based on variations of the information over time ([0075], the phase represents "variations over time"), and wherein the processor executes the one or more instructions to obtain a bio-signal by removing movement noise from the motion information, the movement noise corresponding to movement due to a change in position or posture of the object, and excluding micro- movements of a biological organ ([0079]-[0081]). Schindhelm further discloses that the device has a display screen ([0065]) integrated into the monitoring apparatus with the antennas (apparatus 7000, figs. 1b and 7).
Schindhelm is silent on the information of the object being three-dimensional and the specific arrangement of the antennas.
Klemmer, in the same problem solving area of non-contact bio-signal monitoring, discloses obtaining 3D information of the object based on transmission and reception from an array of antennas ([0005]; figs. 9, 10, and 13A-17C; [0087]-[0097]) which may be used for gesture recognition in close distance to the device, for depth sensing at longer distances, liveliness detection, detection of bio-signals that have a range-component, such as breathing and heartbeat, or to increase the sensing quality when combining camera images with depth information ([0006]).
It would have been prima facie for one having ordinary skill in the art prior to the effective filing date of the claimed invention to modify apparatus of Schindhelm to include the use of 3D data and the antenna arrangement that allows for acquisition of the 3D data in order to provide a more accurate representation of the subject and in view of Klemmer’s explicit suggestion to use 3D data for such a purpose.
Regarding claim 12: Schindhelm and Klemmer disclose the electronic apparatus of claim 11. Klemmer further discloses wherein the processor is configured to execute the one or more instructions to obtain the three-dimensional information of the object by using at least one of positions of the plurality of antennas, an emission time of the UWB transmission signal, a reception time of the UWB reflection signal, and magnitudes and angles of the UWB transmission signal and the reflection signal (figs. 9 and 10, [0087]-[0105]).
Regarding claim 13: Schindhelm and Klemmer disclose the electronic apparatus of claim 12. Klemmer further discloses wherein the processor is configured to execute the one or more instructions to obtain at least one of a difference in emission times of the UWB transmission signal between the plurality of antennas, a difference in reception times of the UWB reflection signal between the plurality of antennas, a difference in magnitudes and angles of the UWB transmission signal and the UWB reception signal between the plurality of antennas, and a difference in the positions of the plurality of antennas (figs. 9 and 10, [0087]-[0105]).
Regarding claim 14: Schindhelm and Klemmer disclose the electronic apparatus of claim 11, wherein the three-dimensional information of the object comprises at least one of position information, direction information, movement amount information, and movement speed information of the object (Schindhelm - [0062], [0075], [0079] -movement amount; Klemmer - figs. 9 and 10 show at least the object's 3D position, [0149] - phase indicates a movement amount).
Regarding claim 15: Schindhelm and Klemmer disclose the electronic apparatus of claim 11. Schindhelm further discloses wherein the processor is further configured to execute the one or more instructions to obtain a signal on a frequency domain, from the three-dimensional information of the object; filter a signal having a certain frequency range, from the signal on the frequency domain to generate a filtered signal having the certain frequency range; and inversely transform the filtered signal having the certain frequency range into a time domain to obtain a bio-signal from which movement noise is removed, from the three-dimensional information of the object ([0075]-[0076], [0080] - frequency domain filtering/gating implicitly discloses frequency domain transform and inverse transform; [0122]-[0126] - noise reduction can also be performed using a wavelet transform, which is another frequency domain transform, followed by filtering where the inverse transform is implicitly disclosed to return the data to its original domain for the remainder of the processing).
Regarding claim 16: Schindhelm and Klemmer disclose the electronic apparatus of claim 15. Schindhelm further discloses wherein the processor is configured to execute the one or more instructions to obtain a signal of each of an X-axis, a Y-axis, and a Z-axis from the three- dimensional information of the object (Klemmer – see at least figs. 9 and 10, and all associated description – the information on the object is in the form of three-dimensional – x, y, z – coordinates); and performing a frequency transform on the acquired data (Schindhelm - [0075]-[0076], [0080]; [0122]-[0126]). The specific limitations of “converting the signal of each of the X-axis, the Y-axis, and the Z-axis into a frequency domain signal” are merely a description of performing a frequency domain transform on three-dimensional data (as evidenced by Gabriel Popescu (Quantitative Phase Imaging of Cells and Tissues, 1st Edition; 2011)), where the combination of Schindhelm and Klemmer would require performing the transform(s) of Schindhelm on 3D data as combined above with respect to claim 11.
Regarding claim 17: Schindhelm and Klemmer disclose the electronic apparatus of claim 15. Schindhelm further discloses wherein the bio-signal comprises at least one of a heart rate signal and a respiration signal ([0075], [0078]).
Regarding claim 18: Schindhelm and Klemmer disclose the electronic apparatus of claim 15. Schindhelm further discloses a display, and the display outputs the bio-signal ([0065]).
Regarding claim 19: Schindhelm and Klemmer disclose the electronic apparatus of claim 15. Schindhelm further discloses a display ([0065]); and a speaker ([0092]), wherein the processor is further configured to execute the one or more instructions to detect a change in the bio-signal, wherein if the change is greater than or equal to a reference value ([0021], [0060]-[0061], [0090], [0106] - Schindhelm does not explicitly state that the change must be greater in comparison to the threshold, but whether the alert condition is a change in a parameter being higher or lower than a threshold value would depend on the parameter itself, which is not claimed and several of the listed parameters of Schindhelm would be expected to have an alert based on the change being larger than a threshold such as disordered breathing severity indicators), generate notification information in response to the change in the bio-signal, the notification information including at least one of an audio signal and a video signal ([0090], [0106]; and output the notification information to at least one of the display, the speaker, and an external user terminal through a communication network ([0091]-[0092]).
Response to Arguments
Objection to claims 9-10 is withdrawn in light of the amendments to the claims.
Objection to the Abstract is withdrawn in light of the amendment to the Abstract.
Rejection of claim 20 under 35 U.S.C. §101 is withdrawn in light of the amendments to the claims.
Applicant’s arguments with respect to prior art rejections of all pending claims, filed 02/25/2026, have been fully considered but are moot in view of the updated grounds of rejection necessitated by amendment.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bliss et al. (US 2022/0142478 A1, May 12, 2022) - discloses UWB non-contact vital sign measurement
Lin et al. (US 2010/0198083 A1, Aug. 5, 2010) - discloses UWB non-contact vital sign measurement
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAROLYN A PEHLKE whose telephone number is (571)270-3484. The examiner can normally be reached 9:00am - 5:00pm (Central Time), Monday - Friday.
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/CAROLYN A PEHLKE/ Primary Examiner, Art Unit 3799
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