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 04/28/2023.
Election/Restrictions
Claims 15, 22 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species B, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/05/2025.
Applicant’s election without traverse of Species A in the reply filed on 11/05/2025 is acknowledged.
Claims 1-14, 16-21 are pending and examined below.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Regarding claims 1-14, the claims are rejected under 35 U.S.C. 101 because the claimed invention is directed to receiving and manipulating data without significantly more.
Claim 1 recites “ method of non-invasive blood flow speed measurement in a blood vessel, comprising: illuminating an area of a body comprising the blood vessel using a light source such that light from the light source interacts with blood in the blood vessel; receiving light which interacted with the blood in the blood vessel by a light detector; generating, by the light detector, one or more signals corresponding to the light which interacted with the blood in the blood vessel received by the light detector, wherein the one or more signals are indicative of temporal variations of an electric field associated with the light received by the light detector; generating a numeric value indicative of the blood flow speed in the blood vessel using an autocorrelation function of the electric field associated with the light received by the light detector, wherein said generating the numeric value is performed without using any dimension of the blood vessel or any mechanical property of the blood vessel”.
This falls into a mental process grouping of abstract ideas. These limitations are either capable of being performed mentally by looking at measurements and making mental assessments thereafter or considered insignificant extra-solution activity.
The steps of illuminating an area of a body comprising the blood vessel using a light source such that light from the light source interacts with blood in the blood vessel; receiving light which interacted with the blood in the blood vessel by a light detector; and generating, by the light detector, one or more signals corresponding to the light which interacted with the blood in the blood vessel received by the light detector, wherein the one or more signals are indicative of temporal variations of an electric field associated with the light received by the light detector are insignificant extra-solution activity (mere data gathering).
The steps of generating a numeric value indicative of the blood flow speed in the blood vessel using an autocorrelation function of the electric field associated with the light received by the light detector, wherein said generating the numeric value is performed without using any dimension of the blood vessel or any mechanical property of the blood vessel is a mental process that can be performed in a human mind or by a pencil and paper by a skilled clinician.
Additionally the judicial exception is not integrated into a practical application because the inclusion of a light emitter and receiver (a generic optical sensor) for measuring data is merely insignificant, extra-solution activity in the form of mere data gathering, which also does not qualify as an integration of the abstract idea into a practical application.
Finally, the claims analyzed as a whole do not provides any element, or combination of elements, sufficient to amount to significantly more than the mental process as only a generic optical sensor for data collection are claimed. As noted previously, the inclusion of a generic optical sensor for gathering data (merely insignificant, extra-solution activity in the form of mere data gathering), does not qualify as significantly more than the abstract idea itself. Additionally, the claimed sensors are well-understood, routine and conventional activity and thus do not amount to significantly more than the abstract idea itself.
The following examples show that the generic optical sensor is well understood, routine, and conventional activity: US 20120150014 A1, US 20060200014 A1
Regarding dependent claims 2-14, the claims also fail to add something more to the abstract independent claims as they merely further limit the abstract idea or provide insignificant extra solution activity.
Regarding claims 16-21, the claims are rejected under 35 U.S.C. 101 because the claimed invention is directed to receiving and manipulating data without significantly more.
Claim 16 recites “A system for non-invasive blood speed measurements, comprising: one or more light sources configured to produce light to illuminate an area of a body comprising a blood vessel; one or more light detectors positioned to receive light subsequent to interaction with blood in the blood vessel and to generate one or more signals corresponding to received light after interaction with the blood in the blood vessel, the one or more signals indicative of temporal variations of an electric field associated with the received light; a processor coupled to the one or more light detectors; and a memory comprising processor executable code, wherein the processor executable code, upon execution by the processor, causes the processor to: receive information corresponding to the one or more signals generated by the one or more light detectors and determine an estimate of a blood flow speed in the blood vessel using an autocorrelation function of the electric field associated with the received light without using any dimension of the blood vessel or any mechanical property of the blood vessel”
This falls into a mental process grouping of abstract ideas. These limitations are either capable of being performed mentally by looking at measurements and making mental assessments thereafter or considered insignificant extra-solution activity.
The step of receiving information corresponding to the one or more signals generated by the one or more light detectors is insignificant extra-solution activity (mere data gathering).
The step of determining an estimate of a blood flow speed in the blood vessel using an autocorrelation function of the electric field associated with the received light without using any dimension of the blood vessel or any mechanical property of the blood vessel is a mental process that can be performed in a human mind or by a pencil and paper by a skilled clinician.
Additionally the judicial exception is not integrated into a practical application because the additional element of a processor and memory for performing the steps is, at its broadest reasonable interpretation, a generic computer structure for performing the generic computer function of data processing, which does not qualify as an integration of the abstract idea into a practical application. Likewise, the inclusion of a light emitter and receiver (a generic optical sensor) for measuring data is merely insignificant, extra-solution activity in the form of mere data gathering, which also does not qualify as an integration of the abstract idea into a practical application.
Finally, the claims analyzed as a whole do not provides any element, or combination of elements, sufficient to amount to significantly more than the mental process as only a generic computer structure and generic optical sensor for data collection are claimed. As noted previously, the addition of a generic computer structure for performing the generic computer function of data processing and the inclusion of a generic optical sensor for gathering data (merely insignificant, extra-solution activity in the form of mere data gathering), does not qualify as significantly more than the abstract idea itself. Additionally, the claimed sensors are well-understood, routine and conventional activity and thus do not amount to significantly more than the abstract idea itself.
The following examples show that the generic optical sensor is well understood, routine, and conventional activity: US 20120150014 A1, US 20060200014 A1
Regarding dependent claims 17-21, the claims also fail to add something more to the abstract independent claims as they merely further limit the abstract idea or provide insignificant extra solution activity.
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) 1-2, 4-7, 9-14, 16-18, 20-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20120150014 A1 (cited in IDS; hereinafter referred to as “Metzger”).
Regarding Claim 1, Metzger teaches a method of non-invasive blood flow speed measurement in a blood vessel (non-invasive determination of one or more parameters of a patient's blood, including blood flow velocities in a blood vessel, Paras. 37 and 87 and Fig. 1), comprising:
illuminating an area of a body comprising the blood vessel using a light source such that light from the light source. interacts with blood in the blood vessel (irradiating at least a portion of the region of interest with at least one electromagnetic beam of a predetermined frequency range, wherein the region of interest comprises blood within a blood vessel, Paras. 16, 38-39, and 87-88); receiving light which interacted with the blood in the blood vessel by a light detector (detecting an electromagnetic radiation response of said at least portion of the region of interest and generating data indicative thereof, said response comprising electromagnetic radiation tagged by the acoustic radiation, thereby enabling processing said data indicative of the detected electromagnetic radiation response, to determine at least one parameter of the subject's tissue in a region corresponding to the locations in the medium at which the electromagnetic has been tagged by acoustic radiation, Paras. 17 and 87-88);
generating, by the light detector, one or more signals corresponding to the light which interacted with the blood in the blood vessel received by the light detector (the detection of the light response of the medium is implemented using one or more appropriate photodetectors, each for receiving light returned (scattered) from the medium and generating an electronic output corresponding to the detected light intensity. Light collected by the detector includes both tagged and untagged photons, Para. 23), wherein the one or more signals are indicative of temporal variations of an electric field associated with the light received by the light detector (Detection assembly 102A generates electronic signals in response to the amplitude and phase of light collected at input port IP, Para. 0049 [amplitude of light is a measure of the electric field strength]: electronic signals generated by the detection assembly in response to the detected light are stored in memory, using a sampling card with a sampling frequency, which is at least twice the transducer's bandwidth, thereby enabling exact reconstruction of a continuous-time signal from its samples. These signals are cross correlated against the GWF electronic signals, or against a function of the GWF signal as described below, stored in memory with different time delay as applied; para. 53);
generating a numeric value indicative of the blood flow speed in the blood vessel using an autocorrelation function of the electric field associated with the light received by the light detector (Another parameter that can be determined from measurements of the amplitude of the cross-correlation CCA(z, λi) is blood flow. In general, the measured tissue volume contains blood vessels and capillaries. The flow of blood inside these vessels affects the properties of the measured data. The speckle correlation time is affected by the flow. there is a flow dependent Doppler shift in the acoustic waves and other effects may exist. Direct measurement of the speckle correlation time is known to correspond to blood flow velocities. Paras. 53 and 87),
wherein said generating the numeric value is performed without using any dimension of the blood vessel or any mechanical property of the blood vessel (According to a preferred embodiment of the present invention. CCA(T, λ) represents the light distribution at wavelength λ multiplied by the acoustic power distribution or pressure amplitude, or a function of the acoustic pressure amplitude (PA(T)) at a distance z corresponding to the product of T and the speed of sound cs in the measured tissue (i.e. z=T·cs), Paras. 53 and 87).
Regarding Claim 2, Metzger discloses the method of claim 1, wherein interaction of the light from the light source with the blood in the blood vessel includes scattering of the light by constituents of the blood in the blood vessel (The detection of the light response of the medium is implemented using one or more appropriate photodetectors, each for receiving light returned (scattered) from the medium and generating an electronic output corresponding to the detected light intensity. Light collected by the detector includes both tagged and untagged photons, Para. 23; The tagging of incident light is detected as a result of interaction between acoustic waves and photons whose optical path and consequently phase is modulated by motion of scattering particles in ·the tissue, Para. 58).
Regarding Claim 4, Metzger discloses the method of claim 1, wherein the blood vessel is an artery or a vein (Yet other measurable parameters include differences between arterial and venous contribution to the signal. In this connection, the following should be noted: General Near Infrared Spectroscopy (NIRS) measurements do not distinguish between the arterial, capillary, and venous compartments or blood circulation and thus reflect a weighted average of Hb concentrations within these different blood compartments in the region sampled, Para. 88).
Regarding Claim 5, Metzger discloses the method of claim 1, wherein the one or more signals include a photocurrent signal, and wherein the method further comprises determining the autocorrelation function of the electric field using an autocorrelation function of the photocurrent signal (The figure shows the amplitude of C(r) (i.e. amplitude of cross correlation CCA(r. λ). obtained for different values of delay r, as a function of distance from the acoustic transducer, where this distance equals to the product of r by the speed of sound in the medium. Three graphs are presented, showing CCA(r, λ) calculated from experimentally obtained measured data MD corresponding to a light response at three different wavelengths, λ1, λ2, λ3, respectively. wherein three different light sources, at three different wavelengths, illuminate a turbid medium, and a detection unit generates electronic signals indicative of measured data corresponding to light collected at the input port of the detector, Paras. 71-73).
Regarding Claim 6, Metzger discloses the method of claim 1, wherein said generating the numeric value indicative of the blood flow speed in the blood vessel comprises determining an inflection point of the autocorrelation function of the electric field (If longer integration is required to further improve the SNR, averaging can be carried out between separate measurements' intervals, but this averaging is done after the absolute value of the complex correlation is calculated separately for each of the measurements. In the case where S2 comprises a series of pulses, the averaging may be performed over the absolute value of the cross correlation for each pulse separately. For example, averaging can be performed over a predetermined number of measurements that are separated by a predetermined time delay. This averaging might be advantageous in cases where the measured data is periodic (i.e. changes periodically as a function of time as in the case of modulation of the blood volume). For example, averaging over different portions of measured data can be correlated with the peaks/troughs of the blood volume during systolic/diastolic periods in a pulsating blood volume, having a predetermined delay from each other. In this case, a difference between the signals corresponds to the oxygen saturation levels of blood, Para. 65).
Regarding Claim 7, Metzger discloses the method of claim 6. wherein the autocorrelation function of the electric field is on a logarithmic scale with respect to a time variable (Constant Co corresponds to the noise level of the system at the measured frequency bandwidth. For example, one possible way to measure Co, is to cross correlate measured data MD with a time-reversed signal Sp(r-t). Such a correlation results in the same frequency bandwidth, but is completely uncorrelated with measured data MD. Thus, constant Co for each wavelength of light can be measured independently and eliminated from signal CCA(z, λ). Alternatively, Co can be eliminated by performing the measurements at two different amplitudes of acoustic radiation, and taking the difference between the two corresponding cross correlations. Taking a logarithm of the equation above, Δ.μij can be obtained, see equations 8-1.1 and Paras. 76-79).
Regarding Claim 9, Metzger discloses the method of claim 6, comprising: determining a time delay corresponding to the inflection point, wherein said generating the numeric value indicative of the blood flow speed in the blood vessel comprises using the time delay (The figure shows the amplitude of C(r) (i.e. amplitude of cross correlation CCA(r, λ), obtained for different values of delay r, as a function of distance from the acoustic transducer, where this distance equals to the product of r by the speed of sound in the medium. Three graphs are presented, showing CCA(r, λ) calculated from experimentally obtained measured data MD corresponding to a light response at three different wavelengths λ1, λ2, λ3, respectively, Para. 71).
Regarding Claim 10, Metzger discloses the method of claim 1, wherein a duration of the non-invasive blood flow speed measurement in the blood vessel is on the order of microseconds (exemplify generation of a phase coded continuous acoustic signal, where FIG. 3A shows a segment of an exemplary signal, FIG. 38 shows auto correlation of said signal, and FIG. 3C shows the correlation C(r0) for time delay r0=10-5 seconds, Para. 32 and Fig. 32A-C).
Regarding Claim 11, Metzger discloses the method of claim 1, comprising: generating one or more c1dditional numeric values indicative of the blood flow speed In the blood vessel (n case the (PA(r)) is unknown, the measurements are performed using at least two different wavelengths λ1, λ2 of light providing two corresponding cross-correlation amplitudes CCA(z, λ1) and CCA(z, λ2) respectively, Para. 55); and determining the blood flow speed using the numeric value and the one or more additional numeric values (The flow of blood inside these vessels affects the properties of the measured data. The speckle correlation time is affected by the flow, there is a flow dependent Doppler shift in the acoustic waves and other effects may exist. Direct measurement of the speckle correlation time is known to correspond to blood flow velocities, Para. 87).
Regarding Claim 12, Metzger discloses the method of claim 1, wherein the light source is a laser or a light-emitting diode (LED) light source (The scattering coefficient μsi=μs is approximated to be the same for the three lasers, however it may vary with time, Paras. 81-82).
Regarding Claim 13, Metzger discloses the method of claim 1, wherein said illuminating the area of the body comprises illuminating the area of the body using two or more different wavelengths of light (the illumination assembly generates light of multiple (at least two) different wavelengths, Para. 45), and wherein said generating the numeric value indicative of the blood flow speed in the blood vessel is performed based on measurements conducted based on the two or more different wavelengths of light (three different light sources at three different wavelengths, illuminate a turbid medium, and a detection unit generates electronic signals indicative of measured data corresponding to light collected at the input port of the detector, for each wavelength used. As can be seen in the figure, the amplitudes of cross correlation signals CCA(r, λ1 ), CCA(r, λ2), CCA(r, λ3), or generally CCA(r, λi), at varying distances is different for the three wavelengths. This results from the fact that the light distribution of the three wavelengths in the tissue is different, due to differences in absorption, scattering and index of refraction, Para. 72).
Regarding Claim 14, Metzger discloses the method of claim 1, wherein said receiving the light which interacted with the blood in the blood vessel by the light detector comprises receiving the light which interacted with the blood in the blood vessel which was reflected or scattered back by the blood (The above configurations allow for selecting the light input and output ports for use in measurements so as to provide an optimal distance between the operative input and output ports. This is associated with the following: As the distance between the light source and light detector is reduced (to -zero), the contribution of light reflected from superficial layers of the blood vessel to the untagged signal in the detected light is higher than in the case of larger source-detector distance, Paras. 87-89 and 96).
Regarding Claim 16, Metzger discloses a system for non-invasive blood speed measurements (system for non-invasive determination of one or more parameters of a patient's blood, including blood flow velocities in a blood vessel, Paras. 37 and 87 and Fig. 1 ), comprising:
one or more light sources configured to produce light to illuminate an area of a body comprising a blood vessel (irradiating at least a portion of the region of interest with at least one electromagnetic beam of a predetermined frequency range, wherein the region of interest comprises blood within a blood vessel, Paras. 16, 38-39, and 87-88 and Fig. 1 );
one or more light detectors positioned to receive light subsequent to interaction with blood in the blood vessel and to generate one or more signals corresponding to received light after interaction with the blood in the blood vessel (detecting with a light detector an electromagnetic radiation response of said at least portion of the region of interest; the detection of the light response of the medium is implemented using one or more appropriate photodetectors, each for receiving light returned (scattered) from the medium and generating an electronic output corresponding to the detected light intensity. Light collected by the detector includes both tagged and untagged photons, Paras. 17, 23 and 87-88 and Fig. 1 ), the one or more signals indicative of temporal variations of an electric field associated with the received light (Detection assembly 102A generates electronic signals in response to the amplitude and phase of light collected at input port IP, Para. 0049 [amplitude of light is a measure of the electric field strength]; electronic signals generated by the detection assembly in response to the detected light are stored in memory, using a sampling card with a sampling frequency, which is at least twice the transducer's bandwidth, thereby enabling exact reconstruction of a continuous-time signal from its samples. These signals are cross correlated against the GWF electronic signals, or against a function of the GWF signal as described below, stored in memory with different time delays as applied, Para. 53);
a processor coupled to the one or more light detectors (Control unit 120 coupled with light detectors is configured to control the operation of measurement unit 101, and to process, analyze measured data generated by measurement unit 101 (its detection assembly), and display the results of the analysis, Paras. 38 and 43 and Fig. 1 ); and
a memory comprising processor executable code, wherein the processor executable code, upon execution by the processor, causes the processor to: receive information corresponding to the one or more signals generated by the one or more light detectors and determine an estimate of a blood flow speed in the blood vessel using an autocorrelation function of the electric field associated with the received light without using any dimension of the blood vessel or any mechanical property of the blood vessel (Control unit 120 is typically a computerized system including inter alia a power supply unit (not shown);
a control panel with input/output functions (not shown);
a data presentation utility (e.g. display) 120A; a memory utility 120B; and a data processing and analyzing utility (e.g. CPU) 120C. Also provided in control unit 120 are a signal generator utility 122 (e.g. function generator and phase control) configured and operable to control the operation of acoustic unit (transducer arrangement) 110, and an appropriate utility 123 configured for operating optical unit 101 C. Data processing and analyzing utility 120C is preprogrammed for receiving measured data (MD) coming from detection assembly 102A (via cable 105 in the present example) and for processing this measured data to identify the detected light distribution corresponding to measurements locations in the region of interest, thereby enabling determination of one or more desired parameters of the region of interest, e.g., oxygen saturation level. Also provided in the control unit is a correlator utility 125 (typically a software utility) associated with the signal generator 122, Para. 43; Another parameter that can be determined from measurements of the amplitude of the cross-correlation CCA(z, λi) is blood flow. In general, the measured tissue volume contains blood vessels and capillaries. The flow of blood inside these vessels affects the properties of the measured data. The speckle correlation time is affected by the flow, there is a flow dependent Doppler shift in the acoustic waves and other effects may exist. Direct measurement of the speckle correlation time is known to correspond to blood flow velocities, Paras. 53 and 87; According to a preferred embodiment of the present invention, CCA(r, λ) represents the light distribution at wavelength A multiplied by the acoustic power distribution or pressure amplitude, or a function of the acoustic pressure amplitude (PA(r)) at a distance z corresponding to the product of rand the speed of sound cs in the measured tissue (i.e. z=r·cs), Paras. 53 and 87).
Regarding Claim 17, Metzger discloses the system of claim 16, wherein the one or more signals include a photocurrent signal, the information corresponding to the one or more signals includes information related to the photocurrent signal, and wherein the processor executable code, upon execution by the processor, causes the processor to compute the autocorrelation function of the electric field using an autocorrelation function of the photocurrent signal determined. by the processor, using the information related to the photocurrent signal (The figure shows the amplitude of C(r) (i.e. amplitude of cross correlation CCA(r,A), obtained by control unit 120 for different values of delay r, as a function of distance from the acoustic transducer, where this distance equals to the product of t by the speed of sound in the medium. Three graphs are presented, showing CCA(r, λ) calculated from experimentally obtained measured data MD corresponding to a light response at three different with lengths λ1, λ2, λ3, respectively, wherein three different light sources, at three different wavelengths, illuminate a turbid medium, and a detection unit generates electronic signals indicative of measured data corresponding to light collected at the input port of the detector, Paras. 71-73).
Regarding Claim 18, Metzger discloses the system of claim 16, wherein the processor executable code, upon execution by the processor, causes the processor to compute a time delay corresponding to an Inflection point of the autocorrelation function of the electric field, and wherein said determine the estimate of the blood flow speed in the blood vessel is performed using the time delay (The figure shows the amplitude of C(r) (i.e. amplitude of cross correlation CCA(r, λ), obtained for different values of delay r, as a function of distance from the acoustic transducer, where this distance equals to the product of r by the speed of sound in the medium. Three graphs are presented, showing CCA(r, λ) calculated via control unit 120 from experimentally obtained measured data MD corresponding to a light response at three different wavelengths λ1, λ2, λ3, respectively, Para. 71).
Regarding Claim 20, Metzger discloses the system of claim 16, wherein the one or more light sources are configured to illuminate the area of the body at two or more different wavelengths of light (the illumination assembly generates light of multiple (at least two) different wavelengths, Para. 45) and wherein said determine the estimate of the blood flow speed in the blood vessel is performed based on measurements conducted based on the two or more different wavelengths of light (three different light sources, at three different wavelengths, illuminate a turbid medium, and a detection unit generates electronic signals indicative of measured data corresponding to light collected at the input port of the detector, for each wavelength used. As can be seen in the figure, the amplitudes of cross correlation signals CCA(r, λ1), CCA(r, λ 2), CCA(r, λ 3), or generally CCA(r, λ i), at varying distances is different for the three wavelengths. This results from the fact that the light distribution of the three wavelengths in the tissue is different, due to differences in absorption, scattering and index of refraction, Para. 72).
Regarding Claim 21, Metzger discloses the system of claim 16, wherein the one or more light detectors are positioned to receive light after reflection or scattering of the light by the blood (The above configurations allow for selecting the light input and output ports for use in measurements so as to provide an optimal distance between the operative input and output ports. This is associated with the following: As the distance between the light source and light detector is reduced (to ·zero), the contribution of light reflected from superficial layers of the blood vessel to the untagged signal in the detected light is higher than in the case of larger source-detector distance, Paras. 87-89 and 96).
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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Metzger as applied to claim 2 above, and further in view of US 20060200014 A1 (cited in IDS; hereinafter referred to as “Fine”).
Regarding Claim 3, Metzger discloses the method of claim 2. Metzger fails to explicitly disclose wherein the constituents of the blood in the blood vessel include red blood cells in the blood vessel.
Fine is in the field of optical measurements of patient blood (Abstract) and further teaches wherein the constituents of the blood in the blood vessel include red blood cells in the blood vessel (The main idea of the present invention is based on the investigation that the changes of the light response of a blood perfused fleshy medium at the state of the blood flow cessation (either monotonous or not. depending on the wavelength of incident radiation) are caused by the changes of the shape and average size of the scattering centers in the medium, i.e., red blood cells (RBC) aggregation, Para. 12). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the method of Metzger to include the constituents of the blood in the blood vessel include red blood cells in the blood vessel as taught by Fine. The motivation being to obtain more precise information about the patient's blood (Fine, Para. 22).
Claim(s) 8 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Metzger as applied to claim 6 and 18 above, and further in view of US 20060247542 A1 (cited in IDS; hereinafter referred to as “Watanabe”).
Regarding Claim 8, Metzger discloses the method of claim 6. Metzger fails to explicitly disclose wherein the inflection point of the autocorrelation function of the electric field is the first inflection point of the autocorrelation function of the electric field.
Watanabe is in the field of analyzing patient blood (Para. 85) and further teaches wherein the inflection point of the autocorrelation function of the electric field is the first inflection point of the autocorrelation function of the electric field (The "acceleration plethysmogram" is a second derivative of finger plethysmogram (OPG) produced by a plethysmograph. It is considered that the acceleration plethysmogram emphasizes an inflection point of its waveform for ease of evaluation of the waveform so as to grasp blood circulatory movement. As an inflection point of an original waveform is sharper, an inflection point of a second derivative of the original waveform is higher (Document: Ayu SUZUKI (1991): physiological function test, pulse wave, acceleration pulse wave, Gendai lryo, 23(1), 61-65.). This realizes easy pattern reading and measurement of the waveform with the inflection point, Para. 88; The autocorrelation function is found by calculation of a correlation function of time-series waveforms x(t) and x(t+b.t) with 61 increase. It is standardized that the autocorrelation function R(b.t) at a given bot becomes 1 when x(t) and x(t+b.t) are in perfect agreement with each other, becomes -1 when they are in agreement with each other in applying sign inversion. and becomes O when they are not in agreement with each other, Para. 146). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the method of Metzger to include the inflection point of the autocorrelation function of the electric field is the first inflection point of the autocorrelation function of the electric field as taught by Watanabe. The motivation being to provide easy pattern recognition and measurement of waveforms during blood analysis (Watanabe, Para. 88).
Regarding Claim 19, Metzger discloses the system of claim 18. Metzger fails to explicitly disclose wherein the inflection point of the autocorrelation function of the electric field is the first inflection point of the autocorrelation function of the electric field.
Watanabe teaches wherein the inflection point of the autocorrelation function of the electric field is the first inflection point of the autocorrelation function of the electric field (The "acceleration plethysmogram" is a second derivative of finger plethysmogram (DPG) produced by a plethysmograph. II is considered that the acceleration plethysmogram emphasizes an inflection point of its waveform for ease of evaluation of the waveform so as to grasp blood circulatory movement. As an inflection point of an original waveform is sharper, an inflection point of a second derivative of the original waveform is higher (Document: Ayu SUZUKI (1991 ): physiological function test, pulse wave, acceleration pulse wave, Gendai lryo, 23(1), 61-65.). This realizes easy pattern reading and measurement of the waveform with the inflection point, Para. 88; The autocorrelation function is found by calculation of a correlation function of time-series waveforms x(t) and x(t+ Δt) with Δt increase. It is standardized that the autocorrelation function R(Δt) at a given bot becomes 1 when x(t) and x(t+ Δt) are in perfect agreement with each other, becomes -1 when they are in agreement with each other in applying sign inversion, and becomes 0 when they are not in agreement with each other, Para. 146). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system of Metzger to wherein the inflection point of the autocorrelation function of the electric field is the first inflection point of the autocorrelation function of the electric field as taught by Watanabe. The motivation being to provide easy pattern recognition and measurement of waveforms during blood analysis (Watanabe, Para. 88).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABID A MUSTANSIR whose telephone number is (408)918-7647. The examiner can normally be reached M-F 10 am to 6 pm Pacific Time.
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/ABID A MUSTANSIR/ Examiner, Art Unit 3791