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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/23/2026 has been entered.
In view of the IDS submitted 1/23/2026 and an updated search, a new 103 Rejection is set forth below.
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) 1-9, 19, and 22-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (2013/0190589) in view of Choi et al. (2022/0022757) and further in view of Zharov (2009/0156932).
With respect to claims 1, 19, 22, and 27, Chen et al. teach of a physiological monitoring system, method and non-transitory computer readable media with stored instructions to determine one or more physiological parameters of a subject (abstract). Chen et al. teach of a light source system 16 being configured for providing light to the target tissue 50 where the light includes a first light of a first wavelength emitted by the first light-emitting device and a second light of a second wavelength emitted by the second light-emitting device or light source emitting one or more wavelengths of light into a subject’s tissue where the light source 16 may provide red light, IR light, any other suitable light [0033, 0043, 0063, 0066]. Chen et al. teach of an ultrasonic receiver system or ultrasound detector 18 or photoacoustic detector 420 configured to receive ultrasonic waves generated by the target object responsive to the light from the light source system [0033, 0063]. Chen et al. teach of a control system configured to cause the light source system 16 to provide the first light to the target object at a first/second times (fig. 5, 0064, 0066, 0069) and receiving first and second ultrasonic receiver signal from the ultrasonic receiver system corresponding to photoacoustic responses of the target object to the first and second light, respectively or where acoustic detector 420 may detect acoustic pressure signals corresponding to photoacoustic signals 410 and 454 [0063]. Chen et al. teach of the photoacoustic signal in figure 5 to include peaks corresponding to blood vessels showing delay time relative to a light pulse with a first peak 506 and second peak 508 at different times with the first peak corresponding to a first blood vessel and the second peak corresponding to a second blood vessel and two or more overlapping peaks identified relating to blood vessels or other structure [0064]. Chen et al. therefore teach of detecting photoacoustic signals generated by photonic signals at wavelength 1 and wavelength 2 (in units of time relative to the photonic or photoacoustic signal) [0070] with peaks 702 in response to light of wavelength 1, peak 704 in response to light of wavelength 2, etc. where the peaks correspond to different depths within the tissue relative to time [0071, fig. 7]. Chen et al. also teach of identifying peaks corresponding a to a single blood vessel and characteristics of the peak such as amplitude may provide information from which physiological parameters may be determined [0029, 0075]. Therefore, under broadest reasonable interpretation, Chen et al. teach of identifying or selecting one of the peaks or one of the ultrasonic receiver signals according to the signal amplitude in time interval corresponding a single blood vessel within the target object and peaks are thus differentiated and may be correlated to physiological parameters based on their amplitudes.
Chen et al. teach of identifying peaks corresponding a to a single blood vessel and characteristics of the peak such as amplitude may provide information from which physiological parameters may be determined [0029, 0075]. Chen et al. teach of the photoacoustic system to include a photoacoustic sensor that is placed at a site on the subject such as the finger, among other body parts [0017] but do not explicitly disclose the platen structure. In a similar field of endeavor Choi et al. teach of a wearable device 600 with main body 610 and strap 630, sensor 620 mounted on one side that conforms to the wrist and serves as the flat surface of the sensor that makes direct contact with the skin to measure pressure of capture biometric data and provides a stable interface between the body and the sensing elements and therefore serving as the platen [0039, 0082-0087]. Choi et al. teach of an apparatus for measuring bio-information based on blood vessel position information (abstract) where the apparatus includes a blood vessel position sensor configured to obtain blood vessel position information of the object based on an optical image, ultrasonic image, and a photoacoustic image of the object [0009, 0060]. Choi et al. teach of estimating blood pressure based on blood vessel position information (fig. 3, 0049]. Choi et al. teach of the bio-information to include blood pressure, vascular age, arterial stiffness, aortic pressure waveform, skin elasticity, and other features [0049]. Choi et al. also teach of the estimating the bio-information based on amplitude of the pulse wave signal and the force/pressure [0080]. Choi et al. therefore teach of receiving photoacoustic signals corresponding to the light sources [0042, 0043] and receiver such as ultrasonic sensor 620 or a fingerprint sensor [0087]. It would have therefore been obvious to one of ordinary skill in the art to use the teaching by Choi et al. to modify Chen et al. to more specifically estimate bioinformation such as blood pressure from blood vessel feature information (Choi, 0007, 0018].
The previous references teaches of identifying peaks corresponding a to a single blood vessel and characteristics of the peak such as amplitude may provide information from which physiological parameters may be determined [Chen, 0029, 0075] and the Choi reference teaches of receiving photoacoustic signals corresponding to the light sources [0042, 0043] and receiver such as ultrasonic sensor 620 or a fingerprint sensor [0087]. However, the combination of references do not explicitly teach of comparison of the photoacoustic responses to light of different wavelengths to differentiate between signals with respect to blood vessel and background. In a related field of endeavor Zharov teaches of a device and method to differentiate between photoacoustic response signals to lights of different wavelengths to differentiae between signals tied to the target object and background photoacoustic signals [0087]. Zharov teaches of a device and method for detection of different cells in the blood or lymphatic vessels where ultrasound transducers detect photoacoustic ultrasound waves emitted by the target objects [0047] in response to illumination by the pulse or laser energy using one or more wavelengths of light [0061, 0017, 0063, 0084]. Zharov teaches of differentiating the desired signal from the background signals on the basis of the amplitude corresponding to the time [0087, 0089, 0090] where the photoacoustic signal amplitudes from target objects are significantly higher than amplitudes of the photoacoustic signals amplitudes from surrounding cells and tissues [0089, 0090]. Zharov teaches of the differentiation in the signal amplitudes of the photoacoustic response to lights of different wavelengths to differentiate between the target objects and surrounding tissue or background signals [0186, fig. 9]. With respect to claim 19, Zharov teaches of the light source system being configured for providing the laser pulses of different wavelengths where the shape and dimensions and shape of the laser beams correspond the diameter of the target object [0065, 0066] and therefore under broadest reasonable interpretation, the beams would have to be providing light pulses to the target object along the same axis to ensure that the laser beam provides adequate coverage with respect to the dimensions of the target object [0066]. It would have therefore been obvious to one of ordinary skill in the art to use the teaching by Zharov to modify the previous teachings to provide for continuous monitoring of cells in the lymphatic system and enable early diagnosis of a variety of diseases [Zharov, 0010].
With respect to claims 2, 3, 23, 24, and 28, Chen et al. in view of Choi et al. and further in view of Zharov teach of the control system being configured to differentiate a desired signal from the background signals based on the different photoacoustic response signals where the peaks provide information to identify and differentiate the peaks corresponding to the blood vessel (Chen, such as identifying peak 506 at first blood vessel and peak 508 at a second blood vessel, fig. 5 [Chen, 0064]) and peaks corresponding to noise or identify noise components in order to prevent them from affecting measurements of physiological parameters derived from the sensor signals [Chen, 0054]. Zharov teaches of estimating the blood vessel features based on the ultrasound receiver signals where the ultrasound transducers 50 convert the laser induced PA signals received from the target objects into voltage fluctuations that are amplified and analyzed [0078].
With respect to claims 4, 5, 25, 26, 29, and 30, Chen et al. in view of Choi et al. and further in view of Zharov teach of identifying peaks corresponding a to a single blood vessel and characteristics of the peak such as amplitude may provide information from which physiological parameters may be determined [0029, 0075]. Chen et al. teach of estimating physiological parameters based on the peaks but do not explicitly of estimating one or more specific blood vessel features of the single blood vessel. In a similar field of endeavor Choi et al. teach of an apparatus for measuring bio-information based on blood vessel position information (abstract) where the apparatus includes a blood vessel position sensor configured to obtain blood vessel position information of the object based on an optical image, ultrasonic image, and a photoacoustic image of the object [0009, 0060]. Choi et al. teach of estimating blood pressure based on blood vessel position information (fig. 3, 0049]. Choi et al. teach of the bio-information to include blood pressure, vascular age, arterial stiffness, aortic pressure waveform, skin elasticity, and other features [0049]. Choi et al. also teach of estimating the bio-information based on amplitude of the pulse wave signal and the force/pressure [0080]. Choi et al. therefore teach of receiving photoacoustic signals corresponding to the light sources [0042, 0043] and receiver such as ultrasonic sensor 620 or a fingerprint sensor [0087]. It would have therefore been obvious to one of ordinary skill in the art to use the teaching by Choi et al. to modify Chen et al. to more specifically estimate bioinformation such as blood pressure from blood vessel feature information (Choi, 0007, 0018]. Zharov also teaches of estimating one or blood vessel features such as diameters of the vessels [0047, 0057, 0066].
With respect to claim 6, Chen et al. in view of Choi et al. and further in view of Zharov teach of the light emitting device to comprise a laser or laser diode and since multiple light sources may be used by the Chen reference, multiple lasers may be used by the reference [0017, 0067]. Choi et al. also teach of the use laser diodes [0042] and since one or more light sources may be used more than one laser diodes are used. Zharov also teaches of the use of laser to emit first and second light [0059].
With respect to claims 7-9 Chen et al. in view of Choi et al. and further in view of Zharov teach of the light source system to comprise a light guide system to convey light from the light source system to the platen to the tissue or suitable light guides (fiber optics) to pass light through the subject’s tissue and an acoustic detector to sense the pressure response of the tissue induced by light absorption [0017]. Chen et al. teach of the light guide portion residing between the receiver/detector 18 portions to sense the pressure response [0038]. Chen et al. teach of the light guide system to include a second light guide portion configured to convey the first light to the first light guide portion and a third light guide portion configured to convey the second light to the first light guide portion or under broadest reasonable interpretation, the use of multi-mode fibers for transmitting emitted light from light source 16 and other suitable components, any suitable insulation, or sheathing [0038].
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. in view of Choi et al. in view of Zharov and further in view of Ganti et al. (2015/0241393). The previous references do not explicitly teach of the ultrasonic receiver arranged in a ring. In a similar field of endeavor Ganti et al. teach of an ultrasonic based system that to detect finger that includes a sensor array that is arranged in a ring [0110, 0112, 0119, fig. 13A]. It would have therefore been obvious to one of ordinary skill in the art to use the teaching by Ganti et al. to modify the previous references to provide a more effective one-step user interface for user to authenticate and active function of a mobile device [Ganti, 0014].
Claim(s) 13-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. in view of Choi et al. in view of Zharov and further in view of Dangi et al. (2022/01332723). The previous combination of references do not explicitly teach of the specifics of the ultrasound receiver array. In a related field of endeavor Dangi et al. teach of a photoacoustic imaging system that includes an optically translucent piezoelectric substrate, light source capable of providing light through the transducer to a region of interest (see abstract). Dangi et al. teach of a mirror 1 and mirror 2 to direct light emitted by the light emitting devices and is therefore configured to reflect light emitted by the emitting device [0093, fig. 26]. Dangi et al. also teach of the ultrasonic receiver system to include a linear or two-dimensional array of receiver elements [0070] and transparent electrode layer [0070, 0072]. It would have therefore been obvious to one of ordinary skill in the art to use the teaching by Dangi et al. to modify the previous references to effectively integrate ultrasound excitation methods to the all-optical ultrasound detection technologies to achieve combine ultrasound and photoacoustic imaging of deep tissue [Dangi, 0008].
Claim(s) 11, 12, 20 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. in view of Choi et al. in view of Zharov and further in view of Baek et al. The previous references do not explicitly teach of the angular separation between the two beams of light with respect to the target object. In a similar field of endeavor Baek et la. teach of ultrasound devices for estimating blood pressure that includes ultrasound receivers [0026, 0027] with two beams of light propagating into tissues [0106]. Baek et al. teach of the use of a platen 40 where ethe light provided to the target object on an outer surface of the platen [0169]. Baek et al. teach of light guide system to be configured to be parallel to skin surface and therefore under broadest reasonable interpretation, is configured to convey light in a direction that is within plus or minus 10 degrees of being parallel to the platen [0099]. Chen et al. teach of the light guide system to include a second light guide portion configured to convey the first light to the first light guide portion and a third light guide portion configured to convey the second light to the first light guide portion or under broadest reasonable interpretation, the use of multi-mode fibers for transmitting emitted light from light source 16 and other suitable components, any suitable insulation, or sheathing [0038]. Baek et al. further teach of the beams extending along the longitudinal axis of the artery at an angle that is within 20 degrees of being perpendicular to the arterial longitudinal axis [0214]. Baek et al. also teach of the beam angle to be approximately 45 degrees relative to the blood flow [0229]. It would have therefore been obvious to one of ordinary skill in the art to use the teaching by Baek et al. to modify the previous references to produced focused beam that is highly focused in the axial direction and distributed uniformly along the lateral direction of the tissue [Baek, 0212].
Conclusion
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/BAISAKHI ROY/Primary Examiner, Art Unit 3797