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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/09/2026 has been entered.
Applicant’s amendments and remarks filed on 02/09/2026 have been fully considered.
Claims 1, 3-7 and 9-11 are pending for examination. Claims 2 and 8 are cancelled.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 3-4 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. In regard to claims 3-4, the claims recite a “diffracting grating” and a “prism”. However, as indicated by applicant in pages 6-7 of Remarks filed on 02/09/2026, the “diffracting grating” and “prism” do not satisfy “selectively and sequentially” transmitting and measuring steps of claim 1. Examiner cannot find adequate supports for using “diffracting grating” or “prism” to achieve the methods steps recited in claim 1.
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.
Claims 1, 5, 7, 9, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Kwok et al. (USPN 8,879,060) in view of Kang et al. (USPGPUB 2021/0059585 – cited in previous action). In regard to claim 1, Kwok discloses a method for measuring glucose level (Figs. 1-2, 6a, and 7 and associated descriptions), comprising: irradiating light to a sample (light source 28 and samples/elements 20 and step 70a, Figs. 1-2 and 6a and associated descriptions); separating wavelength components of the light that is reflected and scattered from the sample (element 34, Figs, 1b, 2 and 6a and associated descriptions); selectively transmitting a first predetermined wavelength component to a light detector while blocking a second predetermined wavelength component (detector 24 and filter wheel 34 with associated filters 48/50, Figs, 1b, 2 and 6a and associated descriptions); measuring an amount of the light having the first predetermined wavelength component that reaches the light detector (the amount of a first predetermined light wavelength, sample signal λS1, transmitted through the filter portions during each rotation cycle or the total amount of light of the first wavelength collected during the full measurement cycle, Figs, 1b, 2 and 6a and associated descriptions; “The filter wheel 34 is connected to a motor (not shown) configured to rotate the filter wheel 34 at a predetermined period or frequency. The Raman signal is filtered at two predetermined spectral regions by two optical filters and periodically passes through the filter wheel 34 for n periods during a circle of the wheel rotation (wherein n>=1). The filter wheel 34 is rotated such that it allows the Raman signal passing through a first optical filter 48a at spectral range of the sample signal λS1 at a first quadrant to obtain a first component (i.e. sample signal). The filter wheel 34 further allows the Raman signal passing through a second optical filter 50a at spectral range of standard signal λS2 at a second quadrant to obtain a second component (i.e. standard signal). In addition, the filter wheel 34 does not allow the Raman signal from reaching the detector 24 for the remaining period of time”, Col 3 lines 20-43); and selectively transmitting the second predetermined wavelength component to the light detector while blocking the first predetermined wavelength component; and measuring an amount of the light having the second predetermined wavelength component that reaches the light detector (the amount of a second predetermined light wavelength, standard signal λS2, transmitted through the filter portions during each rotation cycle or the total amount of light of the first wavelength collected during the full measurement cycle, Figs, 1b, 2 and 6a and associated descriptions; “The filter wheel 34 is connected to a motor (not shown) configured to rotate the filter wheel 34 at a predetermined period or frequency. The Raman signal is filtered at two predetermined spectral regions by two optical filters and periodically passes through the filter wheel 34 for n periods during a circle of the wheel rotation (wherein n>=1). The filter wheel 34 is rotated such that it allows the Raman signal passing through a first optical filter 48a at spectral range of the sample signal λS1 at a first quadrant to obtain a first component (i.e. sample signal). The filter wheel 34 further allows the Raman signal passing through a second optical filter 50a at spectral range of standard signal λS2 at a second quadrant to obtain a second component (i.e. standard signal). In addition, the filter wheel 34 does not allow the Raman signal from reaching the detector 24 for the remaining period of time”, Col 3 lines 20-43), extracting information on the blood glucose level of the subject (ratios, Fig. 7b and associated descriptions; Col 15 lines 5-15), wherein each of the first predetermined wavelength component and the second predetermined wavelength component corresponds to a specific Raman shift (Raman shifts 1100cm-1, 1640 cm-1, ~500, ~900, ~1350, ~2900, and ~3300 cm-1, Col 14 lines 10-31), and wherein the information on the blood glucose level is determined based on a ratio between the amount of the light having the first predetermined wavelength component and the amount of the light having the second predetermined wavelength component, which are sequentially input to the light detector (ratios, Fig. 7b and associated descriptions; Col 15 lines 5-15; “The Raman signal is filtered at two predetermined spectral regions by two optical filters and periodically passes through the filter wheel 34 for n periods during a circle of the wheel rotation (wherein n>=1)”, Col 3 lines 20-43; It is noted that when n period equals 1, the amount of light of each wavelength are collected during one rotation of the filter wheel is utilized for the ratio calculation for glucose; when n>=1, the total amount of light of each wavelength are summed/ integrated for the ratio calculation for glucose, see at least Figs. 2a and 2d and associated descriptions; Col 10 line 25 – Col 11 line 23; Col 12 lines 1-51).
Kwok does not specifically discloses the sample is a subject and the glucose is a blood glucose.
Kang teaches a Raman spectroscopy device for measuring blood glucose information of a subject (Fig. 1 and associated descriptions; blood glucose, [0009]; living body/ human body, [0073]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method (Kwok) to incorporate using the Raman device for the target/ subject/ tissue site as taught by Kang, since both devices are Raman spectroscopy systems and one of ordinary skill in the art would have recognized that blood glucose information can be obtained from Raman information reflected/ scattered from a tissue site (see Kang). The rationale would have been to obtain glucose information from a tissue site.
In regard to claim 5, Kwok as modified by Kang discloses using a filter array that filters the light reflected and scattered by the subject, and wherein the filter array includes a plurality of optical filters configured to transmit lights of different wavelength components (element 34, Figs. 1b and 2 and associated descriptions of Kwok).
In regard to claim 7, Kwok as modified by Kang discloses all the claimed limitation except the light that is irradiated to the subject comprises a wavelength of 830 nm, and wherein the first predetermined wavelength component corresponds to the specific Raman shift appearing as a peak centered at 1125 cm-1. Kang further teaches the light that is irradiated to the subject comprises a wavelength of 830 nm (830 nm, [0060]), and wherein the first predetermined wavelength component corresponds to the specific Raman shift appearing as a peak centered at 1125 cm-1 (glucose fingerprint 1125cm-1, [0083]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method to incorporate the excitation light wavelength and the Raman glucose fingerprint wavenumbers as taught by Kang, the rationale would have been to obtain more Raman information of glucose.
In regard to claim 9, Kwok as modified by Kang discloses all the claimed limitation except selectively transmitting a third predetermined wavelength component to the light detector while blocking the first predetermined wavelength component and the second predetermined wavelength component, the third predetermined wavelength component being different from the first predetermined wavelength component and the second predetermined wavelength component; and measuring an amount of the light having the third predetermined wavelength component that reaches the light detector, wherein the information on the blood glucose level is determined based on ratios between the amount of the light having the first predetermined wavelength component, the amount of the light having the second predetermined wavelength component, and the amount of the light having the third predetermined wavelength component with respect to one another. Kwok further discloses other spectral peaks of Raman shift for glucose or standard component can be chosen for the measurements, Col 14 lines 10-31) and Kang teaches other spectral peaks of Raman shift for glucose or skin components can be chosen for the glucose measurements (1450cm-1, [0083]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method to incorporate additional wavelength glucose/ other components associated filters in the same filter wheel or additional filter wheel with different filter settings in order to obtain more glucose related Raman information according to each pairs of wavelengths, e.g. λ1/λ2, λ2/λ3, λ3/λ4…etc.
In regard to claim 11, the light detector sequentially measures the amount of the light having the first predetermined wavelength component, the amount of the light having the second predetermined wavelength component, and the amount of the light having the third predetermined wavelength component (see claim 9 above; different filters in the same filter wheel or data obtained using different filter wheels one after another).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Kwok and Kang as applied to claims 1, 5, 7, 9, and 11 above, and further in view of Gillispie et al. (USPGPUB 2004/0007675). In regard to claim 6, Kwok as modified by Kang discloses all the claimed limitation except using a linear variable filter.
Gillispie teaches an optical/ spectroscopy deice (Figs. 1 and 3-4 and associated descriptions) comprises a linear variable filter (elements 318, Fig. 3 and associated descriptions) which is an alternative equivalent wavelength selector as a filter wheel (Fig. 4 and associated descriptions).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the filter wheel as taught by Kwok as modified by Kang with the linear variable filter and associated elements/functions/steps as taught by Gillispie to yield predictable results, since the linear variable filter is an alternative equivalent wavelength selector as a filter wheel (see Gillispie). The rationale would have been the simple substitution of one known, equivalent element for another to obtain predictable results (obvious to substitute elements, devices, etc.), KSR, 550, U.S. at 417.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Kwok and Kang as applied to claims 1, 5, 7, 9, and 11 above, and further in view of Li et al., "A Noninvasive Accurate Measurement of Blood Glucose Levels with Raman Spectroscopy of Blood in Microvessels", Molecules 2019, 24(8), 1500 – cited in previous action). In regard to claim 10, Kwok as modified by Kang discloses the first predetermined wavelength component corresponds to the specific Raman shift appearing as a peak centered at 1125 cm-1 (referring to claim 7 above; [0083] of Kang), wherein the second predetermined wavelength component corresponds to the specific Raman shift appearing as a peak centered at 1450 cm-1 (referring to claim 9 above; [0083] of Kang) but does not specifically disclose the third predetermined wavelength component corresponds to the specific Raman shift appearing as a peak centered at 1660 cm-1.
Li teaches a wavelength component corresponds to the specific Raman shift appearing as a peak centered at 1660 cm-1 is also a signature Raman peak containing blood glucose levels information (Fig. 3 and associated descriptions).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method (Kwok as modified by Kang) to incorporate the glucose Raman peak of 1660 cm -1 as taught by Li, since both methods are glucose Raman spectroscopy utilizing glucose fingerprint/ signature Raman peaks and one of ordinary skill in the art would have recognized that 1660 cm-1 as taught by Li is also a signature Raman peak containing blood glucose levels information. The rationale would have been to include additional glucose fingerprint/ signature Raman peak(s) for obtaining more glucose information.
Response to Arguments
Applicant’s arguments, see page 5 of Remarks, filed on 02/09/2026, with respect to claim 10 have been fully considered and are persuasive. The 35 USC 112(b) rejection of claim 10 has been withdrawn.
Applicant’s amendment and argument with respect to claim 1 filed on 02/09/2026 have been fully considered but they are deemed to be moot in views of the new grounds of rejection.
Conclusion
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/CHU CHUAN LIU/Primary Examiner, Art Unit 3791