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 .
Response to Arguments
Applicant's arguments, see pg. 11-17, filed 31 Jul 2026, with respect to the 35 U.S.C. 103 rejections have been fully considered but they are not persuasive.
Regarding independent claims, Applicant argues that 1) “Wood Does Not Teach Applying Discrete Pressures to a Portion of the User while Obtaining Photoacoustic Signals” (see pg. 12-13); 2) “Nakamura does not disclose applying a plurality of different pressures” (see pg. 13-14); and 3) Yoshinaga Does Not Teach Obtaining Photoacoustic Signals While Discrete Pressures Are Applied, Determining Dimensions or Spatial Measurements of a Blood Vessel Based on Photoacoustic Signals or Determining Blood Pressure From a Curve of Spatial Measurements as a Function of Applied Pressures” (see pg. 15-16). However, the Examiner respectfully disagrees. First, as noted in the Non-Final Office Action of 08 May 2026 and the 35 U.S.C. 103 rejections below, Wood indeed discloses applying a plurality of discrete pressures while obtaining photoacoustic signals and further determining a curve associated with the user, the curve comprising the plurality of spatial measurements of the blood vessel as a function of the plurality of discrete pressure. In particular, the conventional blood pressure measuring method using an aneroid or mercury sphygmomanometer and occluding cuff is well known in the art to apply a plurality of discrete pressures to a user, and the plurality of discrete pressures are used to infer the user’s blood pressure. Therefore, Wood’s Fig. 7 discloses a curve relating changes in blood vessel diameter and changes in blood pressures that are inferred from externally applied pressure by the conventional blood pressure measuring method that Wood’s Fig. 7 indeed comprises the plurality of spatial measurements of the blood vessel as a function of applied discrete pressures. Second, Nakamura was relied on for “each time interval being in a range from 3 seconds to 60 seconds” recited in each independent claim, as also noted in the Non-Final Office Action of 08 May 2026 and the 35 U.S.C. 103 rejections below. Nakamura is directed to determining a physiological parameter of a blood vessel by applying an external pressure, and further explicitly discloses the advantage for applying a plurality of discrete pressures in a range from 3 second to 60 seconds when obtaining photoacoustic signals: “the diameter of a blood vessel constantly changes, and is not fixed. For example, when a blood flow rate is measured, periodic oscillation occurring at about 10-second intervals ([0008] of Nakamura). Lastly, Yoshinaga was relied on for “the plurality of discrete pressures being a plurality of different pressures” recited in each independent claim, as also noted in the Non-Final Office Action of 08 May 2026 and the 35 U.S.C. 103 rejections below. Yoshinaga is directed to determining a blood pressure and arterial stiffness or compliance by applying an external pressure, which is in the same field of endeavor as the instant application as well as Wood. Therefore, the combination of Wood, Nakamura, and Yoshinaga indeed discloses at least the independent claims, and one of ordinary skill in the art would have been motivated to combine Wood with Nakamura and Yoshinaga for the motivations explicitly disclosed by Nakamura and Yoshinaga, respectively. See the 35 U.S.C. 103 rejections presented below.
Regarding the dependent claims 21-28, 32-39, 41, and 43-49, Applicant argues, pg. 17, that these dependent claims are allowable for the reasons described regarding the independent claims 19, 30, and 40. However, the Examiner respectfully disagrees at least for the reasons explained above for the independent claims.
Status of Claims
Claims 19, 21-28, 30, 32-41, and 43-49 are currently under examination. Claims 20, 31, and 42 have been cancelled since the Non-Final Office Action of 08 May 2026.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 19, 21, 27, 30, 32, 38, 40-41, and 43 are rejected under 35 U.S.C. 103 as being unpatentable over Wood (US PG Pub No. 2013/0109947, provided by Applicant in the IDS of 31 Mar 2025) – hereinafter referred to as Wood – in view of Nakamura et al. (US PG Pub No. 2022/0079479) – hereinafter referred to as Nakamura – and Yoshinaga et al. (Yoshinaga et al. Anatomical and Functional Estimations of Brachial Artery Diameter and Elasticity Using Oscillometric Measurements with a Quantitative Approach. Pulse (Basel). 2016 Mar 5;4(1):1–10. DOI: 10.1159/000444368. A copy attached to this Office action) – hereinafter referred to as Yoshinaga.
Regarding claim 19, Wood discloses a method of determining a physiological parameter of a user (at least Fig. 1-2, 6), the method comprising:
obtaining photoacoustic signals from a portion of the user using a photoacoustic sensor while each discrete pressure of a plurality of discrete pressures is applied to the portion of the user during each time interval of a plurality of corresponding time intervals ([0065]: perform photoacoustic measurements of blood vessel during performing measurements of blood pressure, e.g., using a conventional blood pressure monitoring device (e.g., an aneroid or mercury sphygmomanometer and occluding cuff) repeatedly over a period of time... the photoacoustic measurements are performed on the radial artery, the calibration is performed using a standard brachial artery blood pressure measurement),
the photoacoustic signals generated from light incident on a blood vessel of the user (Fig. 4 and [0058]: light source 402 provides photonic signal 404 attenuated to blood vessel 452);
based on the photoacoustic signals, determining a plurality of dimensions of the blood vessel and a plurality of spatial measurements of the blood vessel corresponding to the plurality of dimensions (Fig. 5 and [0059]: detect front and back boundaries of the blood vessel and determine the blood vessel diameter based on the boundaries of the blood vessel; [0064]: capture changes in blood vessel diameter);
determining a curve associated with the user, the curve comprising the plurality of spatial measurements of the blood vessel as a function of the plurality of discrete pressures (Fig. 7 and [0067]-[0068]: relationship between blood vessel diameter and blood pressure established as calibration points in curve fit algorithm for each subject),
the curve enabling determination of a characteristic of the blood vessel at a given pressure ([0069]-[0070]: calibration values used in determining blood pressure from blood vessel size); and
determining the physiological parameter of the user based at least on the characteristic of the blood vessel ([0069]-[0070]: calibration values used in determining blood pressure from blood vessel size; [0060]-[0062]: calibration values correspond to distensibility or compliance of a blood vessel),
wherein the physiological parameter of the user comprises a blood pressure of the user ([0069]-[0070]: calibration values used in determining blood pressure from blood vessel size).
Wood does not disclose:
applying a plurality of discrete pressures to the portion of the user at a plurality of corresponding time intervals,
the plurality of discrete pressures being a plurality of different pressures,
each time interval being in a range from 3 seconds to 60 seconds.
In the same field of determining a physiological parameter using a photoacoustic sensor, Nakamura, however, teaches:
obtaining photoacoustic signals from a portion of the user using a photoacoustic sensor while applying each discrete pressure of a plurality of discrete pressures during a plurality of corresponding time intervals (Fig. 5: S101-S104 and [0056]: pressure is applied at different time points around the measurement site 151 and photoacoustic signal is detected at the measurement site), each time interval being in a range from 3 seconds to 60 seconds ([0057]: pressure is applied between 5 to 20 seconds in detecting a photoacoustic signal).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wood’s method to include Nakamura’s method of applying a plurality of discrete pressures during a plurality of corresponding time intervals between 5 and 20 seconds. The combination would have yielded a reasonable expectation of success, since both Wood and Nakamura are directed to determining a physiological parameter of a blood vessel using a photoacoustic sensor. The motivation for the combination would have been to obtain a reliable photoacoustic signal from the blood vessel, since “the diameter of a blood vessel constantly changes, and is not fixed. For example, when a blood flow rate is measured, periodic oscillation occurring at about 10-second intervals” ([0008] of Nakamura).
In the same field of determining a physiological parameter by applying a pressure, Yoshinaga further teaches:
applying a plurality of discrete pressures to the portion of the user at a plurality of corresponding time intervals, the plurality of discrete pressures being a plurality of different pressures (Fig. 5: applying different pressures within and among steps 1-3; pg. 3-4: Concept of Oscillometric Approach for Evaluating Vascular Elasticity).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wood’s method to include Yoshinaga’s method of applying different discrete pressures at during a plurality of corresponding time intervals. The combination would have yielded a reasonable expectation of success, since both Wood and Yoshinaga are directed to determining a physiological parameter of a blood vessel, including blood pressure and arterial stiffness or compliance. The motivation for the combination would have been to allow “a patient’s BP at the time of measurement may not have much impact on vascular elasticity”, as taught by Yoshinaga (pg. 3), and improve accuracy in determining the characteristic of a blood vessel.
Regarding claim 21, Wood in view of Nakamura and Yoshinaga discloses all limitations of claim 19, as discussed above, and Wood further discloses:
wherein the characteristic of the blood vessel comprises a compliance of the blood vessel ([0060]-[0062]: calibration values correspond to distensibility or compliance of a blood vessel).
Regarding claim 27, Wood in view of Nakamura and Yoshinaga discloses all limitations of claim 19, as discussed above, and Wood further discloses:
wherein the plurality of discrete pressures are applied to the portion of the user, the portion of the user comprising skin of the user, using a cuff of a wearable device ([0065]: perform measurements of blood pressure, e.g., using a conventional blood pressure monitoring device (e.g., an aneroid or mercury sphygmomanometer and occluding cuff) repeatedly over a period of time),
the portion of the user comprising skin of the user, using a cuff of a wearable device ([0065]: conventional blood pressure monitoring device (e.g., an aneroid or mercury sphygmomanometer and occluding cuff)),
the wearable device comprising the photoacoustic sensor ([0073]: sensor 318 detect acoustic pressure signal; [0055]: all of system 300 embedded in a small, compact object attached to the subject) and the cuff ([0065]: conventional blood pressure monitoring device (e.g., an aneroid or mercury sphygmomanometer and occluding cuff)).
Regarding claim 30, Wood discloses a non-transitory computer-readable apparatus comprising a storage medium (Fig 1-2 and [0041]: monitor 14 includes microprocessor 48 and ROM 52 and RAM 54), the storage medium comprising a plurality of instructions configured to, when executed by one or more processors, cause an apparatus ([0042]: RAM 54 and ROM 52 storing computer-executable instructions to be interpreted by microprocessor 48) to:
obtain photoacoustic signals from a portion of the user using a photoacoustic sensor while each discrete pressure of a plurality of discrete pressures is applied to the portion of the user during each time interval of a plurality of corresponding time intervals ([0065]: perform photoacoustic measurements of blood vessel during performing measurements of blood pressure, e.g., using a conventional blood pressure monitoring device (e.g., an aneroid or mercury sphygmomanometer and occluding cuff) repeatedly over a period of time... the photoacoustic measurements are performed on the radial artery, the calibration is performed using a standard brachial artery blood pressure measurement),
the photoacoustic signals generated from light incident on a blood vessel of the user (Fig. 4 and [0058]: light source 402 provides photonic signal 404 attenuated to blood vessel 452);
based on the photoacoustic signals, determine a plurality of dimensions of the blood vessel and a plurality of spatial measurements of the blood vessel corresponding to the plurality of dimensions (Fig. 5 and [0059]: detect front and back boundaries of the blood vessel and determine the blood vessel diameter based on the boundaries of the blood vessel; [0064]: capture changes in blood vessel diameter);
determine a curve associated with the user, the curve comprising the plurality of spatial measurements of the blood vessel as a function of the plurality of discrete pressures (Fig. 7 and [0067]-[0068]: relationship between blood vessel diameter and blood pressure established as calibration points in curve fit algorithm for each subject),
the curve enabling determination of a characteristic of the blood vessel at a given pressure ([0069]-[0070]: calibration values used in determining blood pressure from blood vessel size); and
determine the physiological parameter of the user based at least on the characteristic of the blood vessel ([0069]-[0070]: calibration values used in determining blood pressure from blood vessel size; [0060]-[0062]: calibration values correspond to distensibility or compliance of a blood vessel),
wherein the physiological parameter of the user comprises a blood pressure of the user ([0069]-[0070]: calibration values used in determining blood pressure from blood vessel size).
Wood does not disclose:
the plurality of discrete pressures being a plurality of different pressures, and
each time interval being in a range from 3 seconds to 60 seconds.
In the same field of determining a physiological parameter using a photoacoustic sensor, Nakamura, however, teaches:
obtaining photoacoustic signals from a portion of the user using a photoacoustic sensor while applying each discrete pressure of a plurality of discrete pressures during a plurality of corresponding time intervals (Fig. 5: S101-S104 and [0056]: pressure is applied at different time points around the measurement site 151 and photoacoustic signal is detected at the measurement site), each time interval being in a range from 3 seconds to 60 seconds ([0057]: pressure is applied between 5 to 20 seconds in detecting a photoacoustic signal).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wood’s product to include Nakamura’s method of applying a plurality of discrete pressures during a plurality of corresponding time intervals between 5 and 20 seconds. The combination would have yielded a reasonable expectation of success, since both Wood and Nakamura are directed to determining a physiological parameter of a blood vessel using a photoacoustic sensor. The motivation for the combination would have been to obtain a reliable photoacoustic signal from the blood vessel, since “the diameter of a blood vessel constantly changes, and is not fixed. For example, when a blood flow rate is measured, periodic oscillation occurring at about 10-second intervals” ([0008] of Nakamura).
In the same field of determining a physiological parameter by applying a pressure, Yoshinaga further teaches:
applying a plurality of discrete pressures to the portion of the user at a plurality of corresponding time intervals, the plurality of discrete pressures being a plurality of different pressures (Fig. 5: applying different pressures within and among steps 1-3; pg. 3-4: Concept of Oscillometric Approach for Evaluating Vascular Elasticity).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wood’s product to include Yoshinaga’s method of applying different discrete pressures at during a plurality of corresponding time intervals. The combination would have yielded a reasonable expectation of success, since both Wood and Yoshinaga are directed to determining a physiological parameter of a blood vessel, including blood pressure and arterial stiffness or compliance. The motivation for the combination would have been to allow “a patient’s BP at the time of measurement may not have much impact on vascular elasticity”, as taught by Yoshinaga (pg. 3), and improve accuracy in determining the characteristic of a blood vessel.
Regarding claim 32, Wood in view of Nakamura and Yoshinaga discloses all limitations of claim 30, as discussed above, and Wood further discloses:
wherein the characteristic of the blood vessel comprises a compliance of the blood vessel ([0060]-[0062]: calibration values correspond to distensibility or compliance of a blood vessel).
Regarding claim 38, Wood in view of Nakamura and Yoshinaga discloses all limitations of claim 30, as discussed above, and Wood further discloses:
wherein the plurality of discrete pressures are applied to the portion of the user, the portion of the user comprising skin of the user, using a cuff of a wearable device ([0065]: perform measurements of blood pressure, e.g., using a conventional blood pressure monitoring device (e.g., an aneroid or mercury sphygmomanometer and occluding cuff) repeatedly over a period of time),
the portion of the user comprising skin of the user, using a cuff of a wearable device ([0065]: conventional blood pressure monitoring device (e.g., an aneroid or mercury sphygmomanometer and occluding cuff)),
the wearable device comprising the photoacoustic sensor ([0073]: sensor 318 detect acoustic pressure signal; [0055]: all of system 300 embedded in a small, compact object attached to the subject) and the cuff ([0065]: conventional blood pressure monitoring device (e.g., an aneroid or mercury sphygmomanometer and occluding cuff)).
Regarding claim 40, Wood discloses a device (at least Fig. 1-2) comprising:
one or more photoacoustic sensors (Fig. 1-2: sensor 12);
one or more processors (Fig. 1-2 and [0041]: microprocessor 48 of monitor 14); and
a non-transitory computer-readable apparatus comprising a storage medium (Fig 1-2 and [0041]: monitor 14 includes microprocessor 48 and ROM 52 and RAM 54), the storage medium comprising a plurality of instructions configured to, when executed by one or more processors, cause the device ([0042]: RAM 54 and ROM 52 storing computer-executable instructions to be interpreted by microprocessor 48) to:
obtain photoacoustic signals from a portion of the user using a photoacoustic sensor while each discrete pressure of a plurality of discrete pressures is applied to the portion of the user during each time interval of a plurality of corresponding time intervals ([0065]: perform photoacoustic measurements of blood vessel during performing measurements of blood pressure, e.g., using a conventional blood pressure monitoring device (e.g., an aneroid or mercury sphygmomanometer and occluding cuff) repeatedly over a period of time... the photoacoustic measurements are performed on the radial artery, the calibration is performed using a standard brachial artery blood pressure measurement),
the photoacoustic signals generated from light incident on a blood vessel of the user (Fig. 4 and [0058]: light source 402 provides photonic signal 404 attenuated to blood vessel 452);
based on the photoacoustic signals, determine a plurality of dimensions of the blood vessel and a plurality of spatial measurements of the blood vessel corresponding to the plurality of dimensions (Fig. 5 and [0059]: detect front and back boundaries of the blood vessel and determine the blood vessel diameter based on the boundaries of the blood vessel; [0064]: capture changes in blood vessel diameter);
determine a curve associated with the user, the curve comprising the plurality of spatial measurements of the blood vessel as a function of the plurality of discrete pressures (Fig. 7 and [0067]-[0068]: relationship between blood vessel diameter and blood pressure established as calibration points in curve fit algorithm for each subject),
the curve enabling determination of a characteristic of the blood vessel at a given pressure ([0069]-[0070]: calibration values used in determining blood pressure from blood vessel size); and
determine the physiological parameter of the user based at least on the characteristic of the blood vessel ([0069]-[0070]: calibration values used in determining blood pressure from blood vessel size; [0060]-[0062]: calibration values correspond to distensibility or compliance of a blood vessel),
wherein the physiological parameter of the user comprises a blood pressure of the user ([0069]-[0070]: calibration values used in determining blood pressure from blood vessel size).
Wood does not disclose:
the plurality of discrete pressures being a plurality of different pressures, and
each time interval being in a range from 3 seconds to 60 seconds.
In the same field of determining a physiological parameter using a photoacoustic sensor, Nakamura, however, teaches:
obtaining photoacoustic signals from a portion of the user using a photoacoustic sensor while applying each discrete pressure of a plurality of discrete pressures during a plurality of corresponding time intervals (Fig. 5: S101-S104 and [0056]: pressure is applied at different time points around the measurement site 151 and photoacoustic signal is detected at the measurement site), each time interval being in a range from 3 seconds to 60 seconds ([0057]: pressure is applied between 5 to 20 seconds in detecting a photoacoustic signal).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wood’s device to include Nakamura’s method of applying a plurality of discrete pressures during a plurality of corresponding time intervals between 5 and 20 seconds. The combination would have yielded a reasonable expectation of success, since both Wood and Nakamura are directed to determining a physiological parameter of a blood vessel using a photoacoustic sensor. The motivation for the combination would have been to obtain a reliable photoacoustic signal from the blood vessel, since “the diameter of a blood vessel constantly changes, and is not fixed. For example, when a blood flow rate is measured, periodic oscillation occurring at about 10-second intervals” ([0008] of Nakamura).
In the same field of determining a physiological parameter by applying a pressure, Yoshinaga further teaches:
applying a plurality of discrete pressures to the portion of the user at a plurality of corresponding time intervals, the plurality of discrete pressures being a plurality of different pressures (Fig. 5: applying different pressures within and among steps 1-3; pg. 3-4: Concept of Oscillometric Approach for Evaluating Vascular Elasticity).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wood’s product to include Yoshinaga’s method of applying different discrete pressures at during a plurality of corresponding time intervals. The combination would have yielded a reasonable expectation of success, since both Wood and Yoshinaga are directed to determining a physiological parameter of a blood vessel, including blood pressure and arterial stiffness or compliance. The motivation for the combination would have been to allow “a patient’s BP at the time of measurement may not have much impact on vascular elasticity”, as taught by Yoshinaga (pg. 3), and improve accuracy in determining the characteristic of a blood vessel.
Regarding claim 41, Wood in view of Nakamura and Yoshinaga discloses all limitations of claim 40, as discussed above, and Wood further discloses:
a cuff configured to apply the plurality of discrete pressures to the portion of the user at the plurality of corresponding time intervals ([0065]: perform measurements of blood pressure, e.g., using a conventional blood pressure monitoring device (e.g., an aneroid or mercury sphygmomanometer and occluding cuff) repeatedly over a period of time).
Regarding claim 43, Wood in view of Nakamura and Yoshinaga discloses all limitations of claim 40, as discussed above, and Wood further discloses:
wherein the characteristic of the blood vessel comprises a compliance of the blood vessel ([0060]-[0062]: calibration values correspond to distensibility or compliance of a blood vessel).
Regarding claim 49, Wood in view of Nakamura and Yoshinaga discloses all limitations of claim 40, as discussed above, and Wood further discloses:
wherein the plurality of discrete pressures are applied to the portion of the user, the portion of the user comprising skin of the user, using a cuff of a wearable device ([0065]: perform measurements of blood pressure, e.g., using a conventional blood pressure monitoring device (e.g., an aneroid or mercury sphygmomanometer and occluding cuff) repeatedly over a period of time),
the portion of the user comprising skin of the user, using a cuff of a wearable device ([0065]: conventional blood pressure monitoring device (e.g., an aneroid or mercury sphygmomanometer and occluding cuff)),
the wearable device comprising the photoacoustic sensor ([0073]: sensor 318 detect acoustic pressure signal; [0055]: all of system 300 embedded in a small, compact object attached to the subject) and the cuff ([0065]: conventional blood pressure monitoring device (e.g., an aneroid or mercury sphygmomanometer and occluding cuff)).
Claims 22, 33, and 44 are rejected under 35 U.S.C. 103 as being unpatentable over Wood in view of Nakamura and Yoshinaga, as applied to claims 21, 32, and 43 respectively above, and further in view of Kitchens et al. (US PG Pub No. 2022/0175258) – hereinafter referred to as Kitchens.
Regarding claim 22, Wood in view of Nakamura and Yoshinaga discloses all limitations of claim 21, as discussed above, and Wood does not disclose:
determining a pulse wave velocity (PWV) of the blood vessel based at least on the compliance of the blood vessel,
the PWV being otherwise obtainable using the photoacoustic sensor and a second photoacoustic sensor that is not used.
It is noted that the limitation “the PWV being otherwise obtainable using the photoacoustic sensor and a second photoacoustic sensor that is not used” has been given a broadest reasonable interpretation as an optional function as the limitation is not recited to be required.
In the same field of determining a blood pressure using a photoacoustic sensor, Kitchens, however, teaches:
determining a pulse wave velocity (PWV) of the blood vessel based at least on the compliance of the blood vessel ([0159]: PWV depends on the stiffness E of the arterial wall, the arterial diameter, and the blood pressure; [0161]: pulse transit time (PTT) estimated based on constant wall elasticity and diameter and used to calculate PWV).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wood’s method to include Kitchens’s method of determining a PWV of the blood vessel in determining a blood pressure. The combination would have yielded a reasonable expectation of success, since both Wood and Kitchens are directed to determining a blood pressure using a photoacoustic sensor. The motivation for the combination would have been since “the blood pressure P estimated based on the PWV is more representative of the true blood pressure”, as taught by Kitchens ([0161]).
Regarding claim 33, Wood in view of Nakamura and Yoshinaga discloses all limitations of claim 32, as discussed above, and Wood does not disclose:
determining a pulse wave velocity (PWV) of the blood vessel based at least on the compliance of the blood vessel,
the PWV being otherwise obtainable using the photoacoustic sensor and a second photoacoustic sensor that is not used.
It is noted that the limitation “the PWV being otherwise obtainable using the photoacoustic sensor and a second photoacoustic sensor that is not used” has been given a broadest reasonable interpretation as an optional function as the limitation is not recited to be required.
In the same field of determining a blood pressure using a photoacoustic sensor, Kitchens, however, teaches:
determining a pulse wave velocity (PWV) of the blood vessel based at least on the compliance of the blood vessel ([0159]: PWV depends on the stiffness E of the arterial wall, the arterial diameter, and the blood pressure; [0161]: pulse transit time (PTT) estimated based on constant wall elasticity and diameter and used to calculate PWV).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wood’s apparatus to include Kitchens’s method of determining a PWV of the blood vessel in determining a blood pressure. The combination would have yielded a reasonable expectation of success, since both Wood and Kitchens are directed to determining a blood pressure using a photoacoustic sensor. The motivation for the combination would have been since “the blood pressure P estimated based on the PWV is more representative of the true blood pressure”, as taught by Kitchens ([0161]).
Regarding claim 44, Wood in view of Nakamura and Yoshinaga discloses all limitations of claim 43, as discussed above, and Wood does not disclose:
determining a pulse wave velocity (PWV) of the blood vessel based at least on the compliance of the blood vessel,
the PWV being otherwise obtainable using the photoacoustic sensor and a second photoacoustic sensor that is not used.
It is noted that the limitation “the PWV being otherwise obtainable using the photoacoustic sensor and a second photoacoustic sensor that is not used” has been given a broadest reasonable interpretation as an optional function as the limitation is not recited to be required.
In the same field of determining a blood pressure using a photoacoustic sensor, Kitchens, however, teaches:
determining a pulse wave velocity (PWV) of the blood vessel based at least on the compliance of the blood vessel ([0159]: PWV depends on the stiffness E of the arterial wall, the arterial diameter, and the blood pressure; [0161]: pulse transit time (PTT) estimated based on constant wall elasticity and diameter and used to calculate PWV).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wood’s apparatus to include Kitchens’s method of determining a PWV of the blood vessel in determining a blood pressure. The combination would have yielded a reasonable expectation of success, since both Wood and Kitchens are directed to determining a blood pressure using a photoacoustic sensor. The motivation for the combination would have been since “the blood pressure P estimated based on the PWV is more representative of the true blood pressure”, as taught by Kitchens ([0161]).
Claims 23, 34, and 45 are rejected under 35 U.S.C. 103 as being unpatentable over Wood in view of Nakamura and Yoshinaga, as applied to claims 19, 30, and 40 respectively above, and further in view of Maltz (US PG Pub 2014/0128747).
Regarding claim 23, Wood in view of Nakamura and Yoshinaga discloses all limitations of claim 19, as discussed above, and Wood does not disclose:
subsequent to the determining of the curve associated with the user, applying a pressure to the portion of the user at a substantially constant pressure level; and
determining, based on a slope of the curve, the characteristic of the blood vessel corresponding to the substantially constant pressure level;
wherein the determining of the physiological parameter of the user comprises determining a blood pressure of the user based at least on the characteristic.
In the same field of determining a blood pressure, Maltz, however, teaches:
subsequent to determining a curve associated with the user, applying a pressure to the portion of the user at a substantially constant pressure level ([0022]: substantially constant pressure calculated from one or more blood pressure measurements and calculated substantially constant pressure is applied for a baseline measurement); and
determining, based on a slope of the curve, the characteristic of the blood vessel corresponding to the substantially constant pressure level (Fig. 3 and [0069]: y-axis representative of a relationship, or a slope, of applied cuff pressure and spatial measurement of blood vessel (artery cross sectional area) for baseline and slope represents compliance of the vessel wall);
wherein the determining of the physiological parameter of the user comprises determining a blood pressure of the user based at least on the characteristic (Fig. 3 and [0069]: slope of applied cuff pressure and spatial measurement of blood vessel (artery cross sectional area) for baseline represents compliance of the vessel wall for baseline).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wood’s method to include Maltz’s method of acquiring a plurality of blood pressure measurements, applying a substantially constant pressure in determining a baseline measurement, and determining a compliance of a vessel based on the relationship between the applied pressure and the spatial measurements of the vessel. The combination would have yielded a reasonable expectation of success, since both Wood and Maltz are directed to determining a compliance of a vessel based on application of a pressure to a portion of the user. The motivation for the combination would have been to determine compliance of a vessel wall based on blood pressure measured with “a sensitivity 6 times greater than ultrasound imaging of artery diameter” (Fig. 3 of Maltz).
Regarding claim 34, Wood in view of Nakamura and Yoshinaga discloses all limitations of claim 30, as discussed above, and Wood does not disclose:
subsequent to the determining of the curve associated with the user, applying a pressure to the portion of the user at a substantially constant pressure level; and
determining, based on a slope of the curve, the characteristic of the blood vessel corresponding to the substantially constant pressure level;
wherein the determining of the physiological parameter of the user comprises determining a blood pressure of the user based at least on the characteristic.
In the same field of determining a blood pressure, Maltz, however, teaches:
subsequent to determining a curve associated with the user, applying a pressure to the portion of the user at a substantially constant pressure level ([0022]: substantially constant pressure calculated from one or more blood pressure measurements and calculated substantially constant pressure is applied for a baseline measurement); and
determining, based on a slope of the curve, the characteristic of the blood vessel corresponding to the substantially constant pressure level (Fig. 3 and [0069]: y-axis representative of a relationship, or a slope, of applied cuff pressure and spatial measurement of blood vessel (artery cross sectional area) for baseline and slope represents compliance of the vessel wall);
wherein the determining of the physiological parameter of the user comprises determining a blood pressure of the user based at least on the characteristic (Fig. 3 and [0069]: slope of applied cuff pressure and spatial measurement of blood vessel (artery cross sectional area) for baseline represents compliance of the vessel wall for baseline).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wood’s apparatus to include Maltz’s method of acquiring a plurality of blood pressure measurements, applying a substantially constant pressure in determining a baseline measurement, and determining a compliance of a vessel based on the relationship between the applied pressure and the spatial measurements of the vessel. The combination would have yielded a reasonable expectation of success, since both Wood and Maltz are directed to determining a compliance of a vessel based on application of a pressure to a portion of the user. The motivation for the combination would have been to determine compliance of a vessel wall based on blood pressure measured with “a sensitivity 6 times greater than ultrasound imaging of artery diameter” (Fig. 3 of Maltz).
Regarding claim 45, Wood in view of Nakamura and Yoshinaga discloses all limitations of claim 40, as discussed above, and Wood does not disclose:
subsequent to the determining of the curve associated with the user, applying a pressure to the portion of the user at a substantially constant pressure level; and
determining, based on a slope of the curve, the characteristic of the blood vessel corresponding to the substantially constant pressure level;
wherein the determining of the physiological parameter of the user comprises determining a blood pressure of the user based at least on the characteristic.
In the same field of determining a blood pressure, Maltz, however, teaches:
subsequent to determining a curve associated with the user, applying a pressure to the portion of the user at a substantially constant pressure level ([0022]: substantially constant pressure calculated from one or more blood pressure measurements and calculated substantially constant pressure is applied for a baseline measurement); and
determining, based on a slope of the curve, the characteristic of the blood vessel corresponding to the substantially constant pressure level (Fig. 3 and [0069]: y-axis representative of a relationship, or a slope, of applied cuff pressure and spatial measurement of blood vessel (artery cross sectional area) for baseline and slope represents compliance of the vessel wall);
wherein the determining of the physiological parameter of the user comprises determining a blood pressure of the user based at least on the characteristic (Fig. 3 and [0069]: slope of applied cuff pressure and spatial measurement of blood vessel (artery cross sectional area) for baseline represents compliance of the vessel wall for baseline).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wood’s apparatus to include Maltz’s method of acquiring a plurality of blood pressure measurements, applying a substantially constant pressure in determining a baseline measurement, and determining a compliance of a vessel based on the relationship between the applied pressure and the spatial measurements of the vessel. The combination would have yielded a reasonable expectation of success, since both Wood and Maltz are directed to determining a compliance of a vessel based on application of a pressure to a portion of the user. The motivation for the combination would have been to determine compliance of a vessel wall based on blood pressure measured with “a sensitivity 6 times greater than ultrasound imaging of artery diameter” (Fig. 3 of Maltz).
Claims 24, 35, and 46 are rejected under 35 U.S.C. 103 as being unpatentable over Wood in view of Nakamura, Yoshinaga, and Maltz, as applied to claims 23, 34, and 45 respectively above, and further in view of Kitchens.
Regarding claim 24, Wood in view of Nakamura, Yoshinaga, and Maltz discloses all limitations of claim 23, as discussed above, and Wood further discloses:
wherein the characteristic comprises a compliance of the blood vessel ([0060]-[0062]: calibration values correspond to distensibility or compliance of a blood vessel).
Wood does not disclose:
determining a pulse wave velocity (PWV) of the blood vessel based at least on the compliance; and
the determining of the blood pressure of the user comprises determining the blood pressure of the user based at least on the PWV.
In the same field of determining a blood pressure using a photoacoustic sensor, Kitchens, however, teaches:
determining a pulse wave velocity (PWV) of the blood vessel based at least on the compliance ([0159]: PWV depends on the stiffness E of the arterial wall, the arterial diameter, and the blood pressure; [0161]: pulse transit time (PTT) estimated based on arterial distension data and used to calculate PWV); and
the determining of the blood pressure of the user comprises determining the blood pressure of the user based at least on the PWV ([0161]: blood pressure P estimated based on PWV).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wood’s method to include Kitchens’s method of determining a PWV of the blood vessel in determining a blood pressure. The combination would have yielded a reasonable expectation of success, since both Wood and Kitchens are directed to determining a blood pressure using a photoacoustic sensor. The motivation for the combination would have been since “the blood pressure P estimated based on the PWV is more representative of the true blood pressure”, as taught by Kitchens ([0161]).
Regarding claim 35, Wood in view of Nakamura, Yoshinaga, and Maltz discloses all limitations of claim 34, as discussed above, and Wood further discloses:
wherein the characteristic comprises a compliance of the blood vessel ([0060]-[0062]: calibration values correspond to distensibility or compliance of a blood vessel).
Wood does not disclose:
determining a pulse wave velocity (PWV) of the blood vessel based at least on the compliance; and
the determining of the blood pressure of the user comprises determining the blood pressure of the user based at least on the PWV.
In the same field of determining a blood pressure using a photoacoustic sensor, Kitchens, however, teaches:
determining a pulse wave velocity (PWV) of the blood vessel based at least on the compliance ([0159]: PWV depends on the stiffness E of the arterial wall, the arterial diameter, and the blood pressure; [0161]: pulse transit time (PTT) estimated based on arterial distension data and used to calculate PWV); and
the determining of the blood pressure of the user comprises determining the blood pressure of the user based at least on the PWV ([0161]: blood pressure P estimated based on PWV).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wood’s apparatus to include Kitchens’s method of determining a PWV of the blood vessel in determining a blood pressure. The combination would have yielded a reasonable expectation of success, since both Wood and Kitchens are directed to determining a blood pressure using a photoacoustic sensor. The motivation for the combination would have been since “the blood pressure P estimated based on the PWV is more representative of the true blood pressure”, as taught by Kitchens ([0161]).
Regarding claim 46, Wood in view of Nakamura, Yoshinaga, and Maltz discloses all limitations of claim 45, as discussed above, and Wood further discloses:
wherein the characteristic comprises a compliance of the blood vessel ([0060]-[0062]: calibration values correspond to distensibility or compliance of a blood vessel).
Wood does not disclose:
determining a pulse wave velocity (PWV) of the blood vessel based at least on the compliance; and
the determining of the blood pressure of the user comprises determining the blood pressure of the user based at least on the PWV.
In the same field of determining a blood pressure using a photoacoustic sensor, Kitchens, however, teaches:
determining a pulse wave velocity (PWV) of the blood vessel based at least on the compliance ([0159]: PWV depends on the stiffness E of the arterial wall, the arterial diameter, and the blood pressure; [0161]: pulse transit time (PTT) estimated based on arterial distension data and used to calculate PWV); and
the determining of the blood pressure of the user comprises determining the blood pressure of the user based at least on the PWV ([0161]: blood pressure P estimated based on PWV).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wood’s apparatus to include Kitchens’s method of determining a PWV of the blood vessel in determining a blood pressure. The combination would have yielded a reasonable expectation of success, since both Wood and Kitchens are directed to determining a blood pressure using a photoacoustic sensor. The motivation for the combination would have been since “the blood pressure P estimated based on the PWV is more representative of the true blood pressure”, as taught by Kitchens ([0161]).
Claims 25, 36, and 47 are rejected under 35 U.S.C. 103 as being unpatentable over Wood in view of Nakamura and Yoshinaga, as applied to claims 19, 30, and 40 respectively above, and further in view of Celermajer et al. (US PG Pub No. 2021/0393189, provided by the Applicant in the IDS of 31 Mar 2025) – hereinafter referred to as Celermajer.
Regarding claim 25, Wood in view of Nakamura and Yoshinaga discloses all limitations of claim 19, as discussed above, and Wood further discloses:
wherein the plurality of dimensions comprise a plurality of diameters of the blood vessel or a plurality of semi-axes of the blood vessel (Fig. 5 and [0059]: detect front and back boundaries, or semi-axes, of the blood vessel);
the method further comprises deriving the plurality of spatial measurements of the blood vessel from the diameters of the blood vessel or the plurality of semi-axes of the blood vessel (Fig. 5 and [0059]: detect front and back boundaries of the blood vessel and determine the blood vessel diameter based on the boundaries of the blood vessel; [0064]: capture changes in blood vessel diameter).
Wood does not disclose:
wherein the plurality of spatial measurements comprise a plurality of cross-sectional areas associated with the blood vessel or a plurality of volumes associated with the blood vessel, and
correlating the plurality of spatial measurements to the characteristic of the blood vessel.
In the same field of determining a blood pressure using a photoacoustic sensor, Celermajer, however, teaches:
deriving a plurality spatial measurements of a blood vessel from the diameters of the blood vessel or the plurality of semi-axes of the blood vessel, wherein the plurality of spatial measurements comprise a plurality of cross-sectional areas associated with the blood vessel or a plurality of volumes associated with the blood vessel ([0107]: instantaneous arterial cross-sectional area calculated from the measured diameter; [0082]-[0095]: arterial diameter and change in diameter with the cardiac cycle measured), and
correlating the plurality of spatial measurements to the characteristic of the blood vessel ([0107]: blood pressure is calculated using the instantaneous arterial cross-sectional area and the elastic properties of the wall).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wood’s method to include Celermajer’s method of determining a blood pressure based on a cross-sectional area of a blood vessel. The combination would have yielded a reasonable expectation of success, since both Wood and Celermajer are directed to determining a blood pressure using a photoacoustic sensor. The motivation for the combination would have been to allow “an externally applied, non-invasive test (of measuring a blood pressure)”, as taught by Celermajer ([0082]-[0095]).
Regarding claim 36, Wood in view of Nakamura and Yoshinaga discloses all limitations of claim 20, as discussed above, and Wood further discloses:
wherein the plurality of dimensions comprise a plurality of diameters of the blood vessel or a plurality of semi-axes of the blood vessel (Fig. 5 and [0059]: detect front and back boundaries, or semi-axes, of the blood vessel);
the method further comprises deriving the plurality of spatial measurements of the blood vessel from the diameters of the blood vessel or the plurality of semi-axes of the blood vessel (Fig. 5 and [0059]: detect front and back boundaries of the blood vessel and determine the blood vessel diameter based on the boundaries of the blood vessel; [0064]: capture changes in blood vessel diameter).
Wood does not disclose:
wherein the plurality of spatial measurements comprise a plurality of cross-sectional areas associated with the blood vessel or a plurality of volumes associated with the blood vessel, and
correlating the plurality of spatial measurements to the characteristic of the blood vessel.
In the same field of determining a blood pressure using a photoacoustic sensor, Celermajer, however, teaches:
deriving a plurality spatial measurements of a blood vessel from the diameters of the blood vessel or the plurality of semi-axes of the blood vessel, wherein the plurality of spatial measurements comprise a plurality of cross-sectional areas associated with the blood vessel or a plurality of volumes associated with the blood vessel ([0107]: instantaneous arterial cross-sectional area calculated from the measured diameter; [0082]-[0095]: arterial diameter and change in diameter with the cardiac cycle measured), and
correlating the plurality of spatial measurements to the characteristic of the blood vessel ([0107]: blood pressure is calculated using the instantaneous arterial cross-sectional area and the elastic properties of the wall).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wood’s apparatus to include Celermajer’s method of determining a blood pressure based on a cross-sectional area of a blood vessel. The combination would have yielded a reasonable expectation of success, since both Wood and Celermajer are directed to determining a blood pressure using a photoacoustic sensor. The motivation for the combination would have been to allow “an externally applied, non-invasive test (of measuring a blood pressure)”, as taught by Celermajer ([0082]-[0095]).
Regarding claim 47, Wood in view of Nakamura and Yoshinaga discloses all limitations of claim 40, as discussed above, and Wood further discloses:
wherein the plurality of dimensions comprise a plurality of diameters of the blood vessel or a plurality of semi-axes of the blood vessel (Fig. 5 and [0059]: detect front and back boundaries, or semi-axes, of the blood vessel);
the method further comprises deriving the plurality of spatial measurements of the blood vessel from the diameters of the blood vessel or the plurality of semi-axes of the blood vessel (Fig. 5 and [0059]: detect front and back boundaries of the blood vessel and determine the blood vessel diameter based on the boundaries of the blood vessel; [0064]: capture changes in blood vessel diameter).
Wood does not disclose:
wherein the plurality of spatial measurements comprise a plurality of cross-sectional areas associated with the blood vessel or a plurality of volumes associated with the blood vessel, and
correlating the plurality of spatial measurements to the characteristic of the blood vessel.
In the same field of determining a blood pressure using a photoacoustic sensor, Celermajer, however, teaches:
deriving a plurality spatial measurements of a blood vessel from the diameters of the blood vessel or the plurality of semi-axes of the blood vessel, wherein the plurality of spatial measurements comprise a plurality of cross-sectional areas associated with the blood vessel or a plurality of volumes associated with the blood vessel ([0107]: instantaneous arterial cross-sectional area calculated from the measured diameter; [0082]-[0095]: arterial diameter and change in diameter with the cardiac cycle measured), and
correlating the plurality of spatial measurements to the characteristic of the blood vessel ([0107]: blood pressure is calculated using the instantaneous arterial cross-sectional area and the elastic properties of the wall).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wood’s apparatus to include Celermajer’s method of determining a blood pressure based on a cross-sectional area of a blood vessel. The combination would have yielded a reasonable expectation of success, since both Wood and Celermajer are directed to determining a blood pressure using a photoacoustic sensor. The motivation for the combination would have been to allow “an externally applied, non-invasive test (of measuring a blood pressure)”, as taught by Celermajer ([0082]-[0095]).
Claims 26, 37, and 48 are rejected under 35 U.S.C. 103 as being unpatentable over Wood in view of Nakamura and Yoshinaga, as applied to claims 19, 30, and 40 respectively above, and further in view of Hirota et al. (US PG Pub No. 2019/0231198) – hereinafter referred to as Hirota.
Regarding claim 26, Wood in view of Nakamura and Yoshinaga discloses all limitations of claim 19, as discussed above, and Wood does not disclose:
determining the plurality of dimensions using an image processing algorithm applied to an image representation of the photoacoustic signals, a machine learning model trained to obtain a first axis and a second axis of the blood vessel based on the photoacoustic signals, or a combination thereof;
wherein the plurality of spatial measurements of the blood vessel are determined based on the plurality of dimensions, the first axis, the second axis, or a combination thereof.
In the same field of determining dimensions and spatial measurements of a blood vessel, Hirota, however, teaches:
determining a plurality of dimensions using an image processing algorithm applied to an image representation of the photoacoustic signals, a machine learning model trained to obtain a first axis and a second axis of the blood vessel based on the photoacoustic signals, or a combination thereof ([0102]-[0105]: Hessian filter applied to extract diameters of blood vessels in photoacoustic images; [0109]: Adaboost, a machine learning, used to abstract shape of the mass structure);
wherein the plurality of spatial measurements of the blood vessel are determined based on the plurality of dimensions, the first axis, the second axis, or a combination thereof ([0102]-[0109]: diameters of blood vessels in photoacoustic images extracted).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wood’s method to include Hirota’s method of determining dimensions and spatial measurements of a blood vessel using an image algorithm. The combination would have yielded a reasonable expectation of success, since both Wood and Hirota are directed to determining dimensions and spatial measurements of a blood vessel using a photoacoustic image. The motivation for the combination would have been to automate determination of dimensions and spatial measurements of a blood vessel ([0102]-[0109] of Hirota).
Regarding claim 37, Wood in view of Nakamura and Yoshinaga discloses all limitations of claim 30, as discussed above, and Wood does not disclose:
determining the plurality of dimensions using an image processing algorithm applied to an image representation of the photoacoustic signals, a machine learning model trained to obtain a first axis and a second axis of the blood vessel based on the photoacoustic signals, or a combination thereof;
wherein the plurality of spatial measurements of the blood vessel are determined based on the plurality of dimensions, the first axis, the second axis, or a combination thereof.
In the same field of determining dimensions and spatial measurements of a blood vessel, Hirota, however, teaches:
determining a plurality of dimensions using an image processing algorithm applied to an image representation of the photoacoustic signals, a machine learning model trained to obtain a first axis and a second axis of the blood vessel based on the photoacoustic signals, or a combination thereof ([0102]-[0105]: Hessian filter applied to extract diameters of blood vessels in photoacoustic images; [0109]: Adaboost, a machine learning, used to abstract shape of the mass structure);
wherein the plurality of spatial measurements of the blood vessel are determined based on the plurality of dimensions, the first axis, the second axis, or a combination thereof ([0102]-[0109]: diameters of blood vessels in photoacoustic images extracted).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wood’s apparatus to include Hirota’s method of determining dimensions and spatial measurements of a blood vessel using an image algorithm. The combination would have yielded a reasonable expectation of success, since both Wood and Hirota are directed to determining dimensions and spatial measurements of a blood vessel using a photoacoustic image. The motivation for the combination would have been to automate determination of dimensions and spatial measurements of a blood vessel ([0102]-[0109] of Hirota).
Regarding claim 48, Wood in view of Nakamura and Yoshinaga discloses all limitations of claim 40, as discussed above, and Wood does not disclose:
determining the plurality of dimensions using an image processing algorithm applied to an image representation of the photoacoustic signals, a machine learning model trained to obtain a first axis and a second axis of the blood vessel based on the photoacoustic signals, or a combination thereof;
wherein the plurality of spatial measurements of the blood vessel are determined based on the plurality of dimensions, the first axis, the second axis, or a combination thereof.
In the same field of determining dimensions and spatial measurements of a blood vessel, Hirota, however, teaches:
determining a plurality of dimensions using an image processing algorithm applied to an image representation of the photoacoustic signals, a machine learning model trained to obtain a first axis and a second axis of the blood vessel based on the photoacoustic signals, or a combination thereof ([0102]-[0105]: Hessian filter applied to extract diameters of blood vessels in photoacoustic images; [0109]: Adaboost, a machine learning, used to abstract shape of the mass structure);
wherein the plurality of spatial measurements of the blood vessel are determined based on the plurality of dimensions, the first axis, the second axis, or a combination thereof ([0102]-[0109]: diameters of blood vessels in photoacoustic images extracted).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wood’s apparatus to include Hirota’s method of determining dimensions and spatial measurements of a blood vessel using an image algorithm. The combination would have yielded a reasonable expectation of success, since both Wood and Hirota are directed to determining dimensions and spatial measurements of a blood vessel using a photoacoustic image. The motivation for the combination would have been to automate determination of dimensions and spatial measurements of a blood vessel ([0102]-[0109] of Hirota).
Claims 28 and 39 are rejected under 35 U.S.C. 103 as being unpatentable over Wood in view of Nakamura and Yoshinaga, as applied to claims 19 and 30 respectively above, and further in view of Muehlsteff et al. (US PG Pub No. 2025/0040814, priority date of 24 Oct 2022) – hereinafter referred to as Muehlsteff.
Regarding claim 28, Wood in view of Nakamura and Yoshinaga discloses all limitations of claim 19, as discussed above, and Wood does not disclose:
wherein the plurality of discrete pressures range from about 30 to about 100 mmHg.
In the same field of determining a blood pressure, Muehlsteff, however, teaches:
applying a plurality of discrete pressures ranging from about 30 to about 100 mmHg ([0032]: the minimum cuff pressure is set in the range of 10 to 30 mmHg and the maximum cuff pressure is set in the range of 40 to 90 mmHg (or in a range defined by other reasonable values)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wood’s method to include Muehlsteff’s method of applying a discrete pressure range to establish a reference. The combination would have yielded a reasonable expectation of success, since both Wood and Muehlsteff are directed to determining a blood pressure by applying a plurality of discrete pressures. The motivation for the combination would have been since such discrete pressure range “enables a rather simple but efficient implementation (of calibration using cuff pressure values)”, as taught by Muehlsteff ([0032]).
Regarding claim 39, Wood in view of Nakamura and Yoshinaga discloses all limitations of claim 30, as discussed above, and Wood does not disclose:
wherein the plurality of discrete pressures range from about 30 to about 100 mmHg.
In the same field of determining a blood pressure, Muehlsteff, however, teaches:
applying a plurality of discrete pressures ranging from about 30 to about 100 mmHg ([0032]: the minimum cuff pressure is set in the range of 10 to 30 mmHg and the maximum cuff pressure is set in the range of 40 to 90 mmHg (or in a range defined by other reasonable values)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wood’s apparatus to include Muehlsteff’s method of applying a discrete pressure range to establish a reference. The combination would have yielded a reasonable expectation of success, since both Wood and Muehlsteff are directed to determining a blood pressure by applying a plurality of discrete pressures. The motivation for the combination would have been since such discrete pressure range “enables a rather simple but efficient implementation (of calibration using cuff pressure values)”, as taught by Muehlsteff ([0032]).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Younhee Choi whose telephone number is (571)272-7013. The examiner can normally be reached M-F 9AM-5PM EST.
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/Y.C./Examiner, Art Unit 3797
/ANHTUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795
10/9/26
