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 Objections
Claims 1 and 11 objected to because of the following informalities: In claim 1 line 10, Applicant should change “adapted to output” to adapted to receive”, since the photodetector is adapted to receive the laser light; In claim 11, line 11, Applicant should change “adapted to output” to adapted to receive”, since the photodetector is adapted to receive the laser light. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-17 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 2-10, 12-17 are rejected due to their dependencies.
Claims 1,11, recite the term "and/or". This term renders the claim indefinite it is unclear whether the limitations following the phrase are part of the claimed invention. Therefore, it is unclear as to the metes and bounds of the positively claimed limitations such that one of ordinary skill in the art would know how to avoid infringement.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pologe (USPN 2003/0181796-Cited by the Applicant) in view of Kandar-Kallen et al. (USPN 7,044,661-Cited by the Applicant).
Regarding claims 1, Pologe discloses a photoplethysmographic device, comprising: a photoplethysmographic monitor (elements 10 and 13 figure 1); a laser housing (Laser module 14) electronically coupled to the photoplethysmographic monitor (as shown in figure 1); at least two diode lasers (LD1, LD2, LD3 figure 1), which generate laser light, positioned within the laser housing ([0008], [0022]); the photoplethysmographic monitor providing electronic control of the at least two diode lasers (“The Digital Processing Section 10 also controls the Emitter Drive Electronics 13”, “the Emitter Drive Electronics 13 (FIG. 1) control the timing of two different sets of emitters, each set positioned in a physically different location”, [0022]); and a sensor in communication with the photoplethysmographic monitor and adapted to output the laser light from the at least two diode lasers (sensor 5 as shown in figure 2, [0024] and [0026]); the sensor comprising a photodetector (photodetector 27 figure 3), wherein the photoplethysmographic monitor receives and processes photoplethysmographic data from the sensor ([0025]). Pologe fails to disclose that a desiccant fully enclosed within the laser housing, and the desiccant positioned within the laser housing such that the desiccant does not make physical contact with the at least two diode lasers and/or interfere with the laser light. Kandar-Kallen et al. discloses a housing including an optical component a desiccant material disposed in the vicinity of the optical component to remove a substantial portion of any moisture entering the housing (figure 4, Col.3 lines 60-65, Col.4 lines 40-47) where the desiccant does not make physical contact with the optical source (col. 6 line 48-50) and does not interfere with the light output (figure. 4). Therefore, it would have been obvious to someone of ordinary skill in the art at the time the invention was made before the effective filing date of the claimed invention (AIA ) to have modified the laser housing of Pologe by including a desiccant within the housing where it does not make physical contact with the optical source and does not interfere with the light output to remove a substantial portion of any moisture entering the housing, with a reasonable expectation of success, because the prior art teaches an apparatus for obtaining accurate parameters including laser housing comprising laser diodes, as taught by Pologe, and since removing moisture from the housing increases stability and reliability of the components within the housing as taught by Kandar-Kallen et al.. The rationale would have been to provide accurate measurements, and it would have been no more than the combination of the predictable use of prior art elements according to their established functions. KSR, 550, U.S. at 417.
Regarding claim 2, the combination of Pologe and Kandar-Kallen et al. discloses the desiccant is held in position within the laser housing by an adhesive (Kandar-Kallen et al.: “The sealant compartment 43 contains the adhesive which serves to seal the housing” Col. 5 lines 59-63).
Regarding claim 3, the combination of Pologe and Kandar-Kallen et al. discloses the adhesive is at least one of an epoxy, a silicone elastomer, a cyanoacrylate, a hot melt glue, and combinations thereof (Kandar-Kallen et al.: epoxy Col.6 lines 39-40).
Regarding claim 4, the combination of Pologe and Kandar-Kallen et al. discloses the desiccant is isolated from the at least two diode lasers by a physical separator positioned within the laser housing, wherein the physical separator allows air movement between the desiccant and the at least two diode lasers (Kandar-Kallen et al. discloses that the desiccant is contained in a desiccant compartment which is partitioned from said main chamber containing the optical component; claim 6, Col.5 lines 53-56).
Regarding claim 5, the combination of Pologe and Kandar-Kallen et al. discloses the desiccant adsorbs less than 25% of its maximum water absorption capacity when exposed for less than 5 minutes to ambient air at 25°C, 760mm of mercury pressure, and at no more than 75% relative humidity, whereby the desiccant can be rapidly sealed within the laser housing while in an ambient air environment while still maintaining water absorption capacity (Examiner inherently interprets that the desiccant of Kandar-Kallen et al. exhibits same properties as the properties of desiccant as claimed, since the desiccant of the claimed and the desiccant of the reference are identical. See MPEP 2112.01).
Regarding claim 6, the combination of Pologe and Kandar-Kallen et al. discloses the laser housing further comprises at least one optical fiber coupled to each diode laser, each optical fiber transiting the laser housing, whereby the optical fibers transiting the laser housing or a set of one or more optical fibers coupled to the optical fibers transiting the laser housing transmit the laser light to the sensor (Pologe [0022] lines 19-25, figure 1).
Regarding claim 7, the combination of Pologe and Kandar-Kallen et al. discloses the laser housing is non-hermetic (Kandar-Kallen et al.: Col.3 lines 45-58, Kandar-Kallen et al. discloses that instead of manufacturing a hermetically-sealed package, its invention uses a relatively inexpensive desiccant material to remove the moisture. Therefore, the housing is non-hermetic with a desiccant material incorporated in the housing).
Regarding claim 8, the combination of Pologe and Kandar-Kallen et al. discloses the laser housing includes at least one aluminum part (Kandar-Kallen et al.: Col.5 lines 12-21).
Regarding claim 9, the combination of Pologe and Kandar-Kallen et al. discloses the desiccant is at least one of silica gel, clay, activated charcoal, calcium sulfate, calcium chloride, calcium oxide, molecular sieve material, zeolite, and combinations thereof (Kandar-Kallen et al.: Col.7 lines 29-36).
Regarding claim Claims 10, the combination of Pologe and Kandar-Kallen et al. discloses the desiccant drops the relative humidity within the laser housing to less than 3.5% at 25°C, 760mm of mercury pressure capacity (Examiner inherently interprets that the desiccant of Kandar-Kallen et al. exhibits same properties as the properties of desiccant as claimed, since the desiccant of the claimed and the desiccant of the reference are identical. See MPEP 2112.01).
Claim(s) 11-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pologe (USPN 2003/0181796-Cited by the Applicant) in view of Pologe (USPN 2018/0103877) in view of Kandar-Kallen et al. (USPN 7,044,661-Cited by the Applicant).
Regarding claim 11, Pologe ‘796 discloses a photoplethysmographic device, comprising: a photoplethysmographic monitor (elements 10 and 13 figure 1); a laser housing (Laser module 14) electronically coupled to the photoplethysmographic monitor (as shown in figure 1); at least two diode lasers (LD1, LD2, LD3 figure 1), which generate laser light, positioned within the laser housing ([0008], [0022]); the photoplethysmographic monitor providing electronic control of the at least two diode lasers (“The Digital Processing Section 10 also controls the Emitter Drive Electronics 13”, “the Emitter Drive Electronics 13 (FIG. 1) control the timing of two different sets of emitters, each set positioned in a physically different location”, [0022]); and a sensor in communication with the photoplethysmographic monitor and adapted to output the laser light from the at least two diode lasers (sensor 5 as shown in figure 2, [0024] and [0026]); the sensor comprising a photodetector (photodetector 27 figure 3), wherein the photoplethysmographic monitor receives and processes photoplethysmographic data from the sensor ([0025]). Pologe ‘796 fails to disclose at least two laser housing and at least one diode laser, is positioned within each of the at least two laser housings. Pologe ‘877 discloses three laser light sources (elements 210 figure 2) are each located within a separate housing (figure 2). Therefore, it would have been obvious to someone of ordinary skill in the art at the time the invention was made before the effective filing date of the claimed invention (AIA ) to have modified apparatus of Pologe ‘796 to include house each of the laser diodes in a separate housing as taught by Pologe ‘877, since such modification would have provided a separate housing for each of the laser diodes, in order to obtain more accurate measurements. The combination Pologe ‘796 and Pologe ‘877 fail to disclose that a desiccant fully enclosed within the laser housing, and the desiccant positioned within the laser housing such that the desiccant does not make physical contact with the at least two diode lasers and/or interfere with the laser light. Kandar-Kallen et al. discloses a housing including an optical component a desiccant material disposed in the vicinity of the optical component to remove a substantial portion of any moisture entering the housing (figure 4, Col.3 lines 60-65, Col.4 lines 40-47) where the desiccant does not make physical contact with the optical source (col. 6 line 48-50) and does not interfere with the light output (figure. 4). Therefore, it would have been obvious to someone of ordinary skill in the art at the time the invention was made before the effective filing date of the claimed invention (AIA ) to have modified each of the laser housing of Pologe ‘796 and Pologe ‘877 by including a desiccant within each of the housing where the desiccant does not make physical contact with the optical source and does not interfere with the light output. to remove a substantial portion of any moisture entering the housing, with a reasonable expectation of success, because the prior art teaches an apparatus for obtaining accurate parameters including laser housing comprising laser diodes, as taught by Pologe ‘796 and Pologe ‘877, and since removing moisture from the housing increases stability and reliability of the components within the housing as taught by Kandar-Kallen et al.. The rationale would have been to provide accurate measurements, and it would have been no more than the combination of the predictable use of prior art elements according to their established functions. KSR, 550, U.S. at 417.
Regarding claim 12, the combination teaches the desiccant is held in position within the laser housing by an adhesive (Kandar-Kallen et al.: “The sealant compartment 43 contains the adhesive which serves to seal the housing” Col. 5 lines 59-63).
Regarding claim 13, the combination teaches the desiccant adsorbs less than 25% of its maximum water absorption capacity when exposed for less than 5 minutes to ambient air at 25°C, 760mm of mercury pressure, and at no more than 75% relative humidity, whereby the desiccant can be rapidly sealed within the laser housing while in an ambient air environment while still maintaining water absorption capacity (Examiner inherently interprets that the desiccant of Kandar-Kallen et al. exhibits same properties as the properties of desiccant as claimed, since the desiccant of the claimed and the desiccant of the reference are identical. See MPEP 2112.01).
Regarding claim 14, the combination teaches each laser housing further comprises one optical fiber coupled to each diode laser, each optical fiber transiting the laser housing, whereby the optical fibers transiting the laser housing or a set of one or more optical fibers coupled to the optical fibers transiting the laser housing transmit the laser light to the sensor (Pologe ‘796 [0022] lines 19-25, figure 1, Pologe ‘877 figure 2).
Regarding claim 15, the combination teaches each laser housing is non-hermetic (Kandar-Kallen et al.: Col.3 lines 45-58, Kandar-Kallen et al. discloses that instead of manufacturing a hermetically-sealed package, its invention uses a relatively inexpensive desiccant material to remove the moisture. Therefore, the housing is non-hermetic with a desiccant material incorporated in the housing).
Regarding claim 16, the combination teaches the desiccant is at least one of silica gel, clay, activated charcoal, calcium sulfate, calcium chloride, calcium oxide, molecular sieve material, zeolite, and combinations thereof (Kandar-Kallen et al.: Col.7 lines 29-36).
Regarding claim 17, the combination teaches the desiccant drops the relative humidity within the laser housing to less than 3.5% at 25°C, 760mm of mercury pressure (Examiner inherently interprets that the desiccant of Kandar-Kallen et al. exhibits same properties as the properties of desiccant as claimed, since the desiccant of the claimed and the desiccant of the reference are identical. See MPEP 2112.01).
Regarding claim 18, Pologe ‘796 discloses a method of manufacturing a photoplethysmographic device, comprising the steps of: providing a photoplethysmographic monitor (elements 10 and 13 figure 1); providing at least two diode lasers (LD1, LD2, LD3 figure 1), which generate laser light, ([0008], [0022]); positioning diode laser within a laser housing, wherein the diode lasers are contained within the laser housing (([0008], [0022])); electronically coupling each diode laser to the photoplethysmographic monitor (as shown in figure 1); and coupling a sensor to the photoplethysmographic monitor, wherein the sensor is in communication with the photoplethysmographic monitor and is adapted to guide the laser light from the diode lasers into a tissue-under-test (sensor 5 as shown in figure 2, [0024] and [0026]), and wherein the photoplethysmographic monitor receives and processes photoplethysmographic data from the sensor ([0025]). Pologe ‘796 fails to disclose at least two laser housing and at least one diode laser, is positioned within each of the at least two laser housings. Pologe ‘877 discloses three laser light sources (elements 210 figure 2) are each located within a separate housing (figure 2). Therefore, it would have been obvious to someone of ordinary skill in the art at the time the invention was made before the effective filing date of the claimed invention (AIA ) to have modified apparatus of Pologe ‘796 to include house each of the laser diodes in a separate housing as taught by Pologe ‘877, since such modification would have provided a separate housing for each of the laser diodes, in order to obtain more accurate measurements. The combination Pologe ‘796 and Pologe ‘877 fail to disclose that a desiccant fully enclosed within the laser housing, and the desiccant positioned within the laser housing such that the desiccant does not make physical contact with the at least two diode lasers and/or interfere with the laser light. Kandar-Kallen et al. discloses a housing including an optical component a desiccant material disposed in the vicinity of the optical component to remove a substantial portion of any moisture entering the housing (figure 4, Col.3 lines 60-65, Col.4 lines 40-47) where the desiccant does not make physical contact with the optical source (col. 6 line 48-50) and does not interfere with the light output (figure. 4). Therefore, it would have been obvious to someone of ordinary skill in the art at the time the invention was made before the effective filing date of the claimed invention (AIA ) to have modified the laser housing of Pologe ‘796 and Pologe ‘877 by including a desiccant within the housing where the desiccant does not make physical contact with the optical source and does not interfere with the light output to remove a substantial portion of any moisture entering the housing, with a reasonable expectation of success, because the prior art teaches an apparatus for obtaining accurate parameters including laser housing comprising laser diodes, as taught by Pologe ‘796 and Pologe ‘877, and since removing moisture from the housing increases stability and reliability of the components within the housing as taught by Kandar-Kallen et al.. The rationale would have been to provide accurate measurements, and it would have been no more than the combination of the predictable use of prior art elements according to their established functions. KSR, 550, U.S. at 417.
Regarding claim 19, the combination teaches the step of positioning the desiccant within each laser housing is by an adhesive (Kandar-Kallen et al.: “The sealant compartment 43 contains the adhesive which serves to seal the housing” Col. 5 lines 59-63).
Regarding claim 20, the combination teaches the adhesive is at least one of an epoxy, a silicone elastomer, a cyanoacrylate, a hot melt glue, and combinations thereof (Kandar-Kallen et al.: epoxy Col.6 lines 39-40).
Regarding claim 21, the combination teaches the desiccant is selected to adsorb less than 25% of its maximum water absorption capacity when exposed for less than 5 minutes to ambient air at standard temperature and pressure and no more than 75% relative humidity, whereby the desiccant can be sealed within the laser housing in ambient air while still maintaining at least 75% of the desiccant’s water absorption capacity (Examiner inherently interprets that the desiccant of Kandar-Kallen et al. exhibits same properties as the properties of desiccant as claimed, since the desiccant of the claimed and the desiccant of the reference are identical. See MPEP 2112.01).
Regarding claim 22, the combination teaches coupling one optical fiber to each diode laser, the optical fiber transiting the associated housing and transmitting the laser light emitted by the diode laser to the sensor directly or through two or more serially-connected optical fibers or other light pipes (Pologe ‘796 [0022] lines 19-25, figure 1, Pologe ‘877 figure 2).
Regarding claim 23, the combination teaches that the sensor comprises a laser light output aperture (Pologe ‘796 element 28 figure 3) and a photodetector (element 27 figure 3) and wherein the sensor is capable of transmitting photoplethysmographic data from the photodetector to the photoplethysmographic monitor ([0031]).
Regarding claim 24, the combination teaches that at least one of the one or more laser housings is non- hermetic (Kandar-Kallen et al.: Col.3 lines 45-58, Kandar-Kallen et al. discloses that instead of manufacturing a hermetically-sealed package, its invention uses a relatively inexpensive desiccant material to remove the moisture. Therefore, the housing is non-hermetic with a desiccant material incorporated in the housing).
Regarding claim 25, the combination teaches that the desiccant is at least one of silica gel, clay, activated charcoal, calcium sulfate, calcium chloride, calcium oxide, molecular sieve material, zeolite, and combinations thereof (Kandar-Kallen et al.: Col.7 lines 29-36).
Regarding claim 26, the combination teaches the desiccant reduces the relative humidity within the at least one or more laser housings to less than 3.5% at 25°C, 760mm of mercury pressure (Examiner inherently interprets that the desiccant of Kandar-Kallen et al. exhibits same properties as the properties of desiccant as claimed, since the desiccant of the claimed and the desiccant of the reference are identical. See MPEP 2112.01).
Conclusion
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/MARJAN FARDANESH/Primary Examiner, Art Unit 3791