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 .
The action is in response to the application filed on 04/21/2023.
Election/Restrictions
Claims 35 and 36 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species B and C, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 02/10/2026.
Applicant’s election without traverse of Species A in the reply filed on 02/10/2026 is acknowledged.
Claims 29-34 and 37-48 are pending and examined below.
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) 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 5,924,979 (hereinafter referred to as “Swedlow”) in view of US 5,267,562 (hereinafter referred to as “Ukawa”), US 10568525 B1 (hereinafter referred to as “Wu”) and US 2014/0275852 A1 (hereinafter referred to as “Hong”).
Regarding claim 29, Swedlow teaches an electronic device comprising:
a first light emitting source and a second light emitting source (“a pair of Light Emitting Diodes (LEDs) 20”; col. 4, ll. 33–37; Figure 1),
a photoelectric detector associated with the first light emitting source and the second light emitting source (“the signal detected in a light detector 21 associated with LEDs 20”; col. 4, ll. 48–52; Figure 1),
one or more processors (“the pulse oximeter includes a CPU 12”; col. 4, ll. 28–31; Figure 1),
a memory coupled to the one or more processors (“CPU 12 is connected to its own memory 16”; col. 4, ll. 31–34; Figure 1),
wherein the memory stores programming instructions for execution by the electronic device to perform operations, wherein CPU 12, registers 22, and state machine 24 control operation of the optical measurement circuitry (“ASIC 18 includes a number of registers 22 and a state machine 24”; “State machine 24 off-loads some of the routine functions from CPU 12”; col. 4, ll. 38–47; Figure 1),
receiving a first instruction that indicates to periodically measure blood oxygen saturation, wherein a remote host provides an instruction and the timing for periodically operating the pulse oximeter (“the host can provide a signal to instruct the pulse oximeter to go into a sleep mode, and remain there until awakened by the host. In such a mode, the host would provide the necessary timing”; col. 5, ll. 22–29; Figure 2),
performing a first blood oxygen measurement during a first blood oxygen measurement period before entering a reduced-power interval (“Sleep mode is entered by first saving the baseline oxygen saturation value (SAT) and heart rate value in memory 16”; col. 6, ll. 11–15; Figure 2),
entering a reduced-power interval between blood oxygen measurements (“The pulse oximeter then goes to sleep for a period of 20 seconds”; col. 6, ll. 15–18; Figure 2),
performing a subsequent blood oxygen measurement during a subsequent blood oxygen measurement period (“Upon awakening from the sleep mode, the saturation and heart rate value are read for the next two complete pulses”; col. 6, ll. 19–22; Figure 2),
and independently controlling the light emitting powers of the first light emitting source and the second light emitting source (“alternate switching and controlling of power levels for the drive circuitry 26 connected to the two LEDs 20”; col. 4, ll. 43–48; Figure 1).
Swedlow does not explicitly teach a first photoelectric detector and a separate second photoelectric detector, wherein the first photoelectric detector collects a red light PPG signal and the second photoelectric detector collects an infrared light PPG signal; wherein the first light emitting source emits red light and the second light emitting source emits infrared light; collecting the red light PPG signal from the first photoelectric detector and the infrared light PPG signal from the second photoelectric detector for calculating the blood oxygen saturation; performing, in response to the first instruction, dimming in the first blood oxygen measurement period in response to determining that a user changes from a non-sleep state to a sleep state, wherein the dimming is performed to determine a first light emitting power of the first light emitting source and a second light emitting power of the second light emitting source; and controlling, in a second blood oxygen measurement period that is the next blood oxygen measurement period of the first blood oxygen measurement period, the first light emitting source to emit the red light at the first light emitting power and the second light emitting source to emit the infrared light at the second light emitting power in response to determining that the user is in the sleep state.
However, Ukawa teaches wherein the first light emitting source emits red light (“the light-emitting diode 2 provides the first light source for emitting red light at a reference wavelength which may be set at 660 nm”; col. 5, ll. 12–15; Figure 1),
wherein the second light emitting source emits infrared light (“the light-emitting diode 3 provides the second light source for emitting infrared light at a reference wavelength which may be set at 940 nm”; col. 5, ll. 15–18; Figure 1),
collecting a red light PPG signal and an infrared light PPG signal, wherein red light and infrared light are alternately applied to tissue and the resulting transmitted-light signals are received by a photoelectric detector (“red light and infrared light having different wavelengths will be alternately applied as pulses to the living tissue 7. Outputs of transmitted light I1 and I2 . . . are received alternately by the light-receiving device 4”; col. 5, ll. 20–31; Figure 1),
determining the pulsating component of the red light signal (“ΔA1, or, the pulsating component of absorbance at the wavelength of the red light”; col. 5, ll. 32–48; Figure 1),
determining the pulsating component of the infrared light signal (“ΔA2, or the pulsating component of absorbance at the wavelength of the infrared light”; col. 5, ll. 32–48; Figure 1),
and calculating blood oxygen saturation based on the red light PPG signal and the infrared light PPG signal (“Using the thus determined value of φ . . . the oxygen saturation S may be computed”; col. 4, ll. 61–68; Figure 1). It would be obvious of one of ordinary skill in the art at the filing of the invention to modify Swedlow to include a first light emitting source that emits red light, a second light emitting source that emits infrared light, and collection of corresponding red light PPG signal and infrared light PPG signal for calculating blood oxygen saturation, as taught by Ukawa, because the respective pulsating optical responses to red light and infrared light provide the wavelength-dependent information used to calculate arterial oxygen saturation.
Further, Wu teaches a first photoelectric detector configured to detect the red light (“a first detector may be configured to detect light with a wavelength of 660 nm”; col. 7, ll. 30–34; Figures 1 and 5),
a second photoelectric detector configured to detect the infrared light (“a second detector may be configured to detect light with a wavelength of 940 nm”; col. 7, ll. 34–37; Figures 1 and 5). It would be obvious of one of ordinary skill in the art at the filing of the invention to modify Swedlow, in view of Ukawa, to include a first photoelectric detector configured to collect the red light PPG signal and a separate second photoelectric detector configured to collect the infrared light PPG signal, as taught by Wu, because separate wavelength-specific photodiodes would permit the red light PPG signal and the infrared light PPG signal to be detected through respective optical channels thus reducing the need to time-demultiplex both wavelength signals from a single detector output.
Further, Hong teaches determining that a user changes from a non-sleep state to a sleep state by automatically detecting that the user is entering sleep or has fallen asleep (“the biometric monitoring device may automatically detect or determine when the user is attempting to go to sleep, is entering sleep, is asleep, and/or is awoken from a period of sleep”; paragraph [0131]),
wherein determining that the user changes from the non-sleep state to the sleep state is based on motion and physiological information (“a decrease or cessation of user motion combined with a reduction in user heart rate and/or a change in heart rate variability may indicate that the user has fallen asleep”; paragraph [0131]),
wherein transitions between the non-sleep state and the sleep state are determined using information obtained over time (“Real-time, windowed, or batch processing may be used to determine the transitions between wake, sleep, and sleep stages”; paragraph [0132]),
performing dimming to determine a light emitting power by adjusting the light emission power of an optical sensor (“a process of operating a heart rate monitor of a wearable fitness monitoring device by adjusting light emission power and/or light detection gain of the heart rate monitor”; paragraph [0440]; Figure 19C),
emitting light at different light emitting powers and determining a relationship between an emitted-light value and a detected-light value (“determining a slope of detected light value versus emitted light value [from] some initial light pulses”; paragraph [0442]; Figures 19C and 19E),
determining a light emitting power based on a target detector response (“applying a preset detected light value known to provide good detection reading (e.g., light intensity or power) to the fitted relationship to obtain the corresponding emitted light value”; paragraph [0442]; Figures 19C and 19F),
and using the determined light emitting power during a subsequent optical waveform measurement (“The new emitted light value is used for operating a first mode for heartbeat waveform measurements”; paragraph [0442]; Figure 19C). It would be obvious of one of ordinary skill in the art at the filing of the invention to modify Swedlow, in view of Ukawa and Wu, to include performing, in response to the first instruction, dimming in a first blood oxygen measurement period in response to determining that the user changes from a non-sleep state to a sleep state, determining the first light emitting power of the red light emitting source and the second light emitting power of the infrared light emitting source, and using the determined powers during the immediately next blood oxygen measurement period while the user remains in the sleep state, as taught by Hong, because the transition from non-sleep to sleep represents a change in the user’s motion and physiological operating condition that may affect the optical response.
Regarding claim 30, Swedlow, in view of Ukawa, Wu, and Hong, teaches wherein the operations further comprise:
detecting a current sleep status of the user when a current time is within the first blood oxygen measurement period (“the biometric monitoring device may automatically detect or determine when the user is attempting to go to sleep, is entering sleep, is asleep, and/or is awoken from a period of sleep”; paragraph [0131]; as taught by Hong); and
performing dimming when the current sleep status is the sleep state and the user is in the non-sleep state in a previous blood oxygen measurement period of the first blood oxygen measurement period (paragraph [0440]; Figure 19C).
Claim(s) 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Swedlow, in view of Ukawa, Wu, and Hong, as applied to claim 29 above, and further in view of US 6697658 B2 (hereinafter referred to as “Al-Ali”).
Regarding claim 31, Swedlow, in view of Ukawa, Wu, and Hong, teach turning off the first light emitting source and the second light emitting source during a time period other than a blood oxygen measurement period (“Elements which are turned off in a sleep mode include . . . the light emitting diodes and driver circuitry”; col. 3, ll. 29–35; Figures 1–2),
Swedlow teaches turning off detector-associated conversion circuitry during the time period other than the blood oxygen measurement period (“the analog-to-digital converter connected to the detector”; col. 3, ll. 29–35; Figures 1–2),
and Swedlow teaches maintaining the circuitry in the turned-off state during the timed interval between successive blood oxygen measurements (“the circuitry is turned off for a period of 20 seconds, and then awakened to acquire data associated with two pulse maximums”; col. 3, ll. 35–38; Figure 2).
Swedlow does not explicitly teach turning off the first photoelectric detector and the separate second photoelectric detector during the time period other than the first blood oxygen measurement period.
However, Al-Ali teaches a detector front-end that receives the signal produced by a photoelectric detector (“The detector front-end 490 receives an input signal 492 from a sensor . . . and provides a corresponding conditioned and digitized input signal”; col. 5, ll. 9–14; Figure 4),
intermittently removing power from the detector front-end (“a front-end control 364 that intermittently removes power to the detector front-end 490”; col. 5, ll. 31–35; Figures 4 and 6),
providing off periods during which the detector front-end is powered down (“‘off’ periods 614, during which time the detector front-end 490 . . . is powered-down”; col. 6, ll. 10–15; Figure 6),
and turning off the emitter drivers and powering down the detector front-end during a data-off state (“turns off the emitter drivers 480 . . . and powers down the detector front-end 490”; col. 8, ll. 24–28; Figures 8–9). It would be obvious of one of ordinary skill in the art at the filing of the invention to modify Swedlow, in view of Ukawa, Wu, and Hong, to include turning off or powering down the first and second photoelectric-detector channels during time periods other than the first blood oxygen measurement period, as taught by Al-Ali, because doing so reduces power consumption.
Claim(s) 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Swedlow, in view of Ukawa, Wu, and Hong, as applied to claim 29 above, and further in view of US 2015/0342477 A1 (hereinafter referred to as “Hingorani”).
Regarding claim 32, Swedlow, in view of Ukawa, Wu, and Hong, teach operating a pulse oximeter in a continuous monitoring mode in which physiological data is continuously acquired and processed (“an extended mode in which it continuously takes data and calculates and displays oxygen saturation and pulse rate”; col. 1, ll. 54–58; as taught by Swedlow),
and Swedlow teaches receiving operating commands from a remote host (“the pulse oximeter can be awakened by a signal from the remote host”; col. 5, ll. 12–16; Figure 1; as taught by Swedlow).
Swedlow does not explicitly teach receiving a second instruction, separate from the first instruction indicating periodic blood oxygen measurement, that indicates to continuously obtain a PPG signal.
However, Lamego teaches continuously obtaining red light and near-infrared light PPG signals using a continuous pulse oximeter (“wireless, disposable, extended time period, continuous pulse oximeter sensor assemblies”; paragraph [0002]; Figure 1),
wherein red light and near-infrared light waveforms are obtained and transmitted for processing, visualization, and storage (“red and near-infrared waveforms are sent to the laptop for processing, visualization, and storage”; paragraph [0045]; Figures 20–22),
and wherein red light and near-infrared light photoplethysmographs are continuously transmitted for processing (“high-quality red and near-infrared photoplethysmographs that are wirelessly and continuously sent to a laptop”; paragraph [0049]; Figure 24).
It would be obvious of one of ordinary skill in the art at the filing of the invention to modify Swedlow, in view of Ukawa, Wu, and Hong, to include continuously obtaining a PPG signal, as taught by Lamego, because continuous PPG acquisition would allow the optical sensor to provide waveform information between the periodic SpO₂ calculation periods and would permit the same red light and infrared light optical hardware to support additional continuous physiological-monitoring functions.
Conclusion
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/ABID A MUSTANSIR/ Examiner, Art Unit 3791
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