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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 12 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 12, lines 5-6, “the blood oxygen concentration measurement device” lacks antecedent basis.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-12 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claims are directed to an abstract idea without significantly more.
With Respect to claims 1 and 12, the claims recite the following limitation(s):
Claim 1: A blood oxygen concentration measurement device, comprising:
a light source unit, configured to generate a light signal;
a light detection unit, configured to receive a penetrating signal generated by the light signal penetrating an object to generate a detection signal;
a sensing unit, configured to sense movement of the blood oxygen concentration measurement device to output a sensing signal; and
a processing unit, configured to receive the detection signal and the sensing signal, and calculate a blood oxygen value and a pulse rate according to the detection signal and the sensing signal.
Claim 12: A blood oxygen concentration measurement method, comprising:
using a light source unit to generate a light signal;
using a light detection unit to receive a penetrating signal generated by the light signal penetrating an object to generate a detection signal;
using a sensing unit to sense movement of the blood oxygen concentration measurement device to output a sensing signal; and
using a processing unit to receive the detection signal and the sensing signal, and to calculate a blood oxygen value and a pulse rate according to the detection signal and the sensing signal.
Step 1- Claims 1 and 12 are directed to a blood oxygen concentration measurement device and method respectively.
Step 2a Prong 1 – The claimed invention is directed to non-statutory subject matter. The above limitations, under their broadest reasonable interpretation, fall within the “Certain
Mathematical concepts and mental processes grouping of abstract ideas, enumerated in MPEP
2106.04(a)(2)(II), in that they recite a series of mathematical calculations and mental steps which
produce a blood oxygenation concentration measurement. When given their BRI, the limitations are considered an abstract idea of being certain mathematical concepts and mental processes.
With respect to claim 1, “ a processing unit, configured to receive the detection signal and the sensing signal, and calculate a blood oxygen value and a pulse rate according to the detection signal and the sensing signal “ Is considered to fall within the Mathematical concepts and mental processes grouping of abstract ideas.
With respect to claim 12, “ using a processing unit to receive the detection signal and the sensing signal, and to calculate a blood oxygen value and a pulse rate according to the detection signal and the sensing signal. “ Is considered to fall within the Mathematical concepts and mental processes grouping of abstract ideas.
Step 2a Prong 2 - The recitation of the additional elements of a light source, light detection unit, and movement sensing unit, merely invokes such additional element(s) as tools to perform the abstract idea. MPEP 2106.05(f).
Further, the recitation of these additional element(s) in the claim generally links the use of the abstract idea to a particular technological environment or field of use, i.e., a computerized environment. MPEP 2106.05(h).
As such, under Prong 2 of Step 2A, when considered both individually and as a whole, the limitations of claims 1 and 12 are not indicative of integration into a practical application (Prong 2, Step 2A: NO). MPEP 2106.04(d).
“As set forth in MPEP 2106.05(g) Another consideration when determining whether a claim integrates the judicial exception into a practical application in Step 2A Prong Two or recites significantly more in Step 2B is whether the additional elements add more than insignificant extra-solution activity to the judicial exception. The term "extra-solution activity" can be understood as activities incidental to the primary process or product that are merely a nominal or tangential addition to the claim. Extra-solution activity includes both pre-solution and post-solution activity.” Note: Determining the level of a biomarker in blood, Mayo, 566 U.S. at 79, 101 USPQ2d at 1968. See also PerkinElmer, Inc. v. Intema Ltd., 496 Fed. App'x 65, 73, 105 USPQ2d 1960, 1966 (Fed. Cir. 2012) (assessing or measuring data derived from an ultrasound scan, to be used in a diagnosis).
With respect to claim 1, a light source, light detection unit, and a movement sensing unit merely recite elements that represent insignificant extra-solution data gathering
With respect to claim 12, a light source, light detection unit, and a movement sensing unit merely recite elements that represent insignificant extra-solution data gathering
Applicant’s specification only sets forth the additional elements in a high level and in a general sense and the thrust of the invention is directed to how the signals are processed once they are collected.
It is further noted that the light source, light detection unit, and movement sensing unit merely represent general well understood routine and conventional elements of an oximeter.
Evidence of this may be found in Edgar et al.(US20050033129), paragraph [0022] sets forth: “[0022] Still another approach to noise artifact elimination is disclosed in U.S. Pat. No. 5,431,170 to Mathews. Mathews couples a conventional pulse oximeter light transmitter and receiver with a transducer responsive to movement or vibration of the body. The transducer provides an electrical signal varying according to the body movements or vibrations, which is relatively independent of the blood or other fluid flow pulsations. Mathews then provides means for comparing the light signals measured with the transducer output and performing adaptive noise cancellation. ” Note: Berkheimer, 881 F.3d at 1366-67.
As such, these additional elements do not integrate the abstract idea into a practical application and therefore the claim is directed to the judicial exception.
Step 2B - The recitation of the additional elements is acknowledged, as identified above with respect to Prong 2 of Step 2A. These additional elements do not add significantly more to the abstract idea for the same reasons as addressed above with respect to Prong 2 of Step 2A.
Even when considered as an ordered combination, the additional elements of claims 1 and 12 do not add anything that is not already present when they are considered individually. Therefore, under Step 2B, there are no meaningful limitations in claims 1 and12 that transform the judicial exception into a patent eligible application such that the claim amounts to significantly more than the judicial exception itself (Step 2B: NO). MPEP 2106.05.
Accordingly, under the Subject Matter Eligibility test, claims 1 and 12 are ineligible.
Furthermore, the dependent claims, 2-11 do not add significantly more to the
abstract idea for the same reasons as addressed above with respect to Prong 2 of Step 2A.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 and 2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baek et al.(US20170181680 hereinafter Baek et al.
Baek et al. teaches an oxygen saturation measuring apparatus is provided. The oxygen saturation measuring apparatus includes a sensor configured to detect motion of the oxygen saturation measuring apparatus, a light emitter comprising light emitting circuitry configured to emit light to a target subject, a light receiver comprising light receiving circuitry configured to receive one or more of light reflected by the target subject or light transmitted through the target subject to generate a signal, and a processor configured to filter a frequency component corresponding to the detected motion in the signal, to detect a pulse frequency from the filtered signal, and to determine oxygen saturation of the target subject using the filtered signal and the detected pulse frequency.
Regarding claims 1 and 2 , Baek et al. teaches a light source unit, configured to generate a light signal;
a light detection unit, configured to receive a penetrating signal generated by the light signal penetrating an object to generate a detection signal;
a sensing unit, configured to sense movement of the blood oxygen concentration measurement device to output a sensing signal; and
a processing unit, configured to receive the detection signal and the sensing signal, and calculate a blood oxygen value and a pulse rate according to the detection signal and the sensing signal and wherein the light signal comprises a red light signal and an infrared light signal.
Note figures 3 and 8. Also note: [0016] According to an example aspect of the present disclosure, an oxygen saturation measuring apparatus includes a sensor configured to detect motion of the oxygen saturation measuring apparatus, a light emitter comprising light emitting circuitry configured to emit light to a target subject, a light receiver comprising light receiving circuitry configured to receive light reflected by the target subject or transmitted through the target subject to generate a signal, and a processor configured to filter a frequency component corresponding to the detected motion in the signal, to detect a pulse frequency from the filtered signal, and to determine oxygen saturation of the target subject using the filtered signal and the detected pulse frequency. [0017] The processor may separate a signal component corresponding to the detected pulse frequency from the filtered signal and determine oxygen saturation of the target subject based on the separated signal component. [0077] For example, the processor 140 may determine oxygen saturation based on light corresponding to at least two wavelengths received from the light receiver 130. Hereinafter, for convenience of description, light emitted from a plurality of light emitting devices will be referred to as red light R and infrared ray IR.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Edgar et al.(US20050033129) herein after Edgar et al. in view of Baek et al.(US20170181680 hereinafter Baek et al.
Edgar et al. teaches a method for removing motion artifacts from devices for sensing bodily parameters and apparatus and system for effecting same. The method includes analyzing segments of measured data representing bodily parameters and possibly noise from motion artifacts. Each segment of measured data may correspond to a single light signal transmitted and detected after transmission or reflection through bodily tissue. Each data segment is frequency analyzed to determine up to three candidate peaks for further analysis. Each of the up to three candidate frequencies may be filtered and various parameters associated with each of the up to three candidate frequencies are calculated. The best frequency, if one exists, is determined by arbitrating the candidate frequencies using the calculated parameters according to predefined criteria. If a best frequency is found, a pulse rate and SPO.sub.2 may be output. If a best frequency is not found, other, conventional techniques for calculating pulse rate and SpO.sub.2 may be used. The above method may be applied to red and infrared pulse oximetry signals prior to calculating pulse rate and/or pulsatile blood oxygen concentration. [0017] Noise signal components in a measured pulse oximetry light signal can originate from both AC and DC sources.
It is further noted that Edgar et al. teach that adaptive filtering as well as utilizing a movement sensor to adjust for noise are known techniques to determining oxygen concentration as part of conventional oximeter systems. [0021] Another approach to noise artifact elimination is disclosed in U.S. Pat. No. 5,853,364 to Baker, Jr. et al. The Baker, Jr. et al. approach first calculates the heart rate of the patient using an adaptive comb filter, power spectrum and pattern matching. Once the heart rate is determined, the oximetry data is adaptively comb filtered so that only energy at integer multiples of the heart rate are processed. The comb filtered data and the raw oximetry data are filtered using a Kalman filter to adaptively modify averaging weights and averaging times to attenuate motion artifact noise. The adaptive filtering of the Baker, Jr. et al. approach appears to add significant computational complexity to solve the problem of motion artifact rejection. [0022] Still another approach to noise artifact elimination is disclosed in U.S. Pat. No. 5,431,170 to Mathews. Mathews couples a conventional pulse oximeter light transmitter and receiver with a transducer responsive to movement or vibration of the body. The transducer provides an electrical signal varying according to the body movements or vibrations, which is relatively independent of the blood or other fluid flow pulsations. Mathews then provides means for comparing the light signals measured with the transducer output and performing adaptive noise cancellation. An apparent disadvantage of the Mathews approach is the need for a secondary sensor to detect motion.
Edgar may indicate that some aspects of using a motion sensor is a disadvantage, however the examiner does not interpret this as teaching away and still represents a known and functional option. Note MPEP 2143.01 specifically: "Although statements limiting the function or capability of a prior art device require fair consideration, simplicity of the prior art is rarely a characteristic that weighs against obviousness of a more complicated device with added function." In re Dance, 160 F.3d 1339, 1344, 48 USPQ2d 1635, 1638 (Fed. Cir. 1998) (Court held that claimed catheter for removing obstruction in blood vessels would have been obvious in view of a first reference which taught all of the claimed elements except for a "means for recovering fluid and debris" in combination with a second reference describing a catheter including that means. The court agreed that the first reference, which stressed simplicity of structure and taught emulsification of the debris, did not teach away from the addition of a channel for the recovery of the debris.). Similarly, in Allied Erecting v. Genesis Attachments, 825 F.3d 1373, 1381, 119 USPQ2d 1132, 1138 (Fed. Cir. 2016), the court stated "[a]lthough modification of the movable blades may impede the quick change functionality disclosed by Caterpillar, ‘[a] given course of action often has simultaneous advantages and disadvantages, and this does not necessarily obviate motivation to combine’" (quoting Medichem, S.A. v. Rolabo, S.L., 437 F.3d 1157, 1165, 77 USPQ2d 1865, 1870 (Fed. Cir. 2006) (citation omitted)).”
It is further the examiner’s interpretation that it is well known to use additional hardware such as an accelerometer as well as an optoelectronic sensor, an optical sensor, motion relative sensor, or a light source to measure motion. It is also well known to use a more synthetic approach instead of extra hardware such as using a reference signal produced from a light signal to account for motion artifacts.
Regarding claims 1 and 12, Edgar et al. teaches a light source unit, configured to generate a light signal;
a light detection unit, configured to receive a penetrating signal generated by the light signal penetrating an object to generate a detection signal;
a sensing unit, configured to sense movement of the blood oxygen concentration measurement device to output a sensing signal; and
a processing unit, configured to receive the detection signal and the sensing signal, and calculate a blood oxygen value and a pulse rate according to the detection signal and the sensing signal.
Note figs. 1, 7, 8. Also note paragraphs [0011] and [0044]- [0046]: [0011] A typical pulse oximeter includes a sensor, cabling from the sensor to a computer for signal processing and visual display, the computer and visual display typically being included in a patient monitor. The sensor typically includes two light emitting diodes (LEDs) placed across a finger tip and a photodetector on the side opposite the LEDs. The detector measures both transmitted light signals once they have passed through the finger. The signals are routed to a computer for analysis and display of the various parameters measured. [0044] FIG. 1 is a high-level flowchart of an embodiment of a method of removing motion artifacts from plethysmographic data and obtaining a measure of pulse rate and SpO.sub.2 from that data. The method steps include acquiring segments of raw plethysmographic data 100, both a red data segment and an IR data segment, conditioning each segment of raw data for signal processing 110, transforming the conditioned data into the frequency domain 120, analyzing the frequency domain data for candidate spectral peaks 130, calculating selected parameters associated with the candidate spectral peaks 140, arbitrating between the candidate peaks based on the selected parameters to select a best frequency 150, outputting pulse rate and median SpO.sub.2 for the best frequency, if a best frequency was found 160, and repeating these steps for new raw data segments 170, as required.
Edgar et al. does teach the desirability of correcting of motion artifacts and includes a motion artifact circuit ,note paragraphs [0092] – [0093]. It is the examiner’s interpretation that the motion artifact circuit is in effect and broadly a “sensing unit” that is capable of sensing movement of the device as it relates to any motion artifact that the device is configured to detect and remove via the received light signals.
Edgar et al. does not specifically teach a separate sensing unit specifically to sense movement of the blood oxygen device.
Baek et al. teaches an oxygen saturation measuring apparatus is provided. The oxygen saturation measuring apparatus includes a sensor configured to detect motion of the oxygen saturation measuring apparatus, a light emitter comprising light emitting circuitry configured to emit light to a target subject, a light receiver comprising light receiving circuitry configured to receive one or more of light reflected by the target subject or light transmitted through the target subject to generate a signal, and a processor configured to filter a frequency component corresponding to the detected motion in the signal, to detect a pulse frequency from the filtered signal, and to determine oxygen saturation of the target subject using the filtered signal and the detected pulse frequency. Note figures 3 and 8 show a motion sensor and adaptive filtering as part of the signal processing.
Therefore, It would have been obvious to one of ordinary skill in the art at the time of the invention to include in Edgar et al. a sensing unit such as an accelerometer to sense the motion of the device and use the motion data to calculate the oxygen concentration and utilize adaptive filtering to process the signals as is known and taught by Baek et al.
Regarding claim 2, Edgar et al. teaches wherein the light signal comprises a red light signal and an infrared light signal. Note figs. 1, 7, 8. Also note paragraphs [0011] and [0044]- [0046].
Regarding claim 3, Edgar et al. teaches wherein the processing unit obtains a first alternating current signal and a first direct current signal from the detection signal, obtains a second alternating current signal from the detection signal, performs an adaptive filtering process on the first alternating current signal and the second alternating current signal to generate an adaptive filtering signal, converts the adaptive filtering signal and the second alternating current signal to generate a first spectrum and a second spectrum, searches a maximum peak value corresponding to the first alternating current signal according to the first spectrum and the second spectrum, and calculates the blood oxygen value and the pulse rate according to the maximum peak value and the first direct current signal. Edgar et al. also teaches a number of different conventional and complex filtering options for the signals. Paragraph [0017] sets forth signal components in a measured oximetry light signals contain both AC and DC components. Note paragraphs [0046] – [0048] set forth both Red( first signal ) and infra-red(second signal) signals are received and go thru a filtering process and the filtered signals are then transformed into the frequency domain (FFT) in which peak frequencies corresponding to the received light signals are determined and the blood oxygen and pulse rate are calculated.
Edgar et al. does not specifically teach utilizing an adaptive filtering technique to process the received signals.
Baek et al. teaches an oxygen saturation measuring apparatus is provided. The oxygen saturation measuring apparatus includes a sensor configured to detect motion of the oxygen saturation measuring apparatus, a light emitter comprising light emitting circuitry configured to emit light to a target subject, a light receiver comprising light receiving circuitry configured to receive one or more of light reflected by the target subject or light transmitted through the target subject to generate a signal, and a processor configured to filter a frequency component corresponding to the detected motion in the signal, to detect a pulse frequency from the filtered signal, and to determine oxygen saturation of the target subject using the filtered signal and the detected pulse frequency. Note figures 3 and 8 show a motion sensor and adaptive filtering as part of the signal processing.
Therefore, It would have been obvious to one of ordinary skill in the art at the time of the invention to include in Edgar et al. adaptive filtering to process the signals as is known and taught by Baek et al.
Regarding claim 4, Edgar et al. teaches wherein the processing unit performs an operation on the first alternating current signal and a filtering signal to generate the adaptive filtering signal, and performs a filtering process on the second alternating current signal and the adaptive filtering signal to generate the filtering signal. Edgar et al. teaches a number of different conventional and complex filtering options for the signals. Paragraph [0017] sets forth signal components in a measured oximetry light signals contain both AC and DC components. Note paragraphs [0046] – [0048] set forth both Red( first signal ) and infra-red(second signal) signals are received and go thru a filtering process and the filtered signals are then transformed into the frequency domain (FFT) in which peak frequencies corresponding to the received light signals are determined and the blood oxygen and pulse rate are calculated.
Regarding claim 5, Edgar et al. teaches wherein the processing unit uses a first frequency range to search a first maximum peak value in the first spectrum, the processing unit uses a second frequency range to search a second maximum peak value in the first spectrum, and the processing unit uses a third frequency range to search a third maximum peak value in the first spectrum;
the processing unit determines whether the first maximum peak value is the same as the second maximum peak value;
when determining that the first maximum peak value is not the same as the second maximum peak value, the processing unit determines whether a frequency corresponding to the second maximum peak value is related to a frequency corresponding to the third maximum peak value;
when the frequency corresponding to the second maximum peak value is not related to the frequency corresponding to the third maximum peak value, the processing unit uses the first maximum peak value as the maximum peak value corresponding to the first alternating current signal, calculates the blood oxygen value according to the first maximum peak value and the first direct current signal, and calculates the pulse rate according to a frequency corresponding to the first maximum peak value.
Note paragraphs [0046] – [0048], [0049] –[0050] set forth: [0049] Both transient and periodic noise artifacts can induce peaks in the frequency domain that may be larger than the peak associated with the patient's heart rate. The frequency peak that actually represents the patient's heart rate (best frequency) must then be determined. Analyzing the power spectrum peaks to determine candidate spectral peaks is depicted in block 130 of FIG. 1. One approach to determining the best frequency would be to order the frequencies by peak amplitude from largest to smallest, F.sub.1 to F.sub.n, where F.sub.1 through F.sub.n are not harmonics of each other, and analyze them one by one to find the correct frequency, i.e., the patient's heart rate. However, a preferred method selects up to three candidate spectral peaks for further analysis. [0050] The function of block 130 is to locate candidate spectral peaks from the power spectrum block 120. The power spectrum buffer is an array of 512 vector points (referred to herein as "bins") in the frequency domain. Each array element in the power spectrum buffer represents the power of the corresponding frequency in the original raw data waveform. Of the 512 bins, only bins 5 (29 bpm) through 43 (252 bpm) are of interest, since this range covers the physiological limits of the human heart rate. All other bins are unused by the method of the invention because they cannot physiologically represent a valid spectral frequency of a pulse rate. Table 1, below, shows the first 45 points of the power spectrum array. Paragraphs [0051] – [0058] set forth how the power spectrum peaks are determined and for the number of iterations. It is the examiner’s interpretation that the following approach as set forth to determining the best frequency of ordering the frequencies by peak amplitude from largest to smallest, F.sub.1 to F.sub.n and analyze them one by one to find the correct frequency would include iterating through any number of peaks from 1 -10 or more and would include fifth and sixth peaks. The approach compares peaks to determine which peaks are the same or not and which peaks are related(sub-harmonics) of each other and based on the findings selects the appropriate peak as the basis for the oxygen concentration and pulse rate calculations. Note also Paragraphs [0051] – [0058] and [0079] – [0092].
Regarding claim 6, Edgar et al. teaches wherein when the frequency corresponding to the second maximum peak value is related to the frequency corresponding to the third maximum peak value, the processing unit uses the second maximum peak value as the maximum peak value corresponding to the first alternating current signal, calculates the blood oxygen value according to the second maximum peak value and the first direct current signal, and calculates the pulse rate according to the frequency corresponding to the second maximum peak value. It is the examiner’s interpretation that the following approach as set forth to determining the best frequency of ordering the frequencies by peak amplitude from largest to smallest, F.sub.1 to F.sub.n and analyze them one by one to find the correct frequency would include iterating through any number of peaks from 1 -10 or more and would include fifth and sixth peaks. Note Paragraphs [0051] – [0058] and [0079] – [0092]
Regarding claim 7, Edgar et al. teaches wherein when the first maximum peak value is the same as the second maximum peak value, the processing unit uses a fourth frequency range to search a fourth maximum peak value in the second spectrum, and the processing unit determines whether the frequency corresponding to the first maximum peak value is the same as a frequency corresponding to the fourth maximum peak value;
when determining that the frequency corresponding to the first maximum peak value is not the same as the frequency corresponding to the fourth maximum peak value, the processing unit uses the first maximum peak value as the maximum peak value corresponding to the first alternating current signal, calculates the blood oxygen value according to the first maximum peak value and the first direct current signal, and calculates the pulse rate according to the frequency corresponding to the first maximum peak value. It is the examiner’s interpretation that the following approach as set forth to determining the best frequency of ordering the frequencies by peak amplitude from largest to smallest, F.sub.1 to F.sub.n and analyze them one by one to find the correct frequency would include iterating through any number of peaks from 1 -10 or more and would include fifth and sixth peaks. Note also Paragraphs [0051] – [0058] and [0079] – [0092].
Regarding claim 8, Edgar et al. teaches wherein when determining that the frequency corresponding to the first maximum peak value is the same as the frequency corresponding to the fourth maximum peak value, the processing unit uses a fifth frequency range to search a fifth maximum peak value in the first spectrum, and uses a sixth frequency range to search a sixth maximum peak value in the first spectrum;
the processing unit determines whether the fifth maximum peak value is greater than the sixth maximum peak value;
when determining that the fifth maximum peak value is greater than the sixth maximum peak value, the processing unit determines whether the fifth maximum peak value is greater than a predetermined value;
when determining that the fifth maximum peak value is greater than the predetermined value, the processing unit uses the fifth maximum peak value as the maximum peak value corresponding to the first alternating current signal, calculates the blood oxygen value according to the fifth maximum peak value and the first direct current signal, and calculates the pulse rate according to a frequency corresponding to the fifth maximum peak value. It is the examiner’s interpretation that the following approach as set forth to determining the best frequency of ordering the frequencies by peak amplitude from largest to smallest, F.sub.1 to F.sub.n and analyze them one by one to find the correct frequency would include iterating through any number of peaks from 1 -10 or more and would include fifth and sixth peaks. Note also Paragraphs [0051] – [0058] and [0079] – [0092].
Regarding claim 9, Edgar et al. teaches wherein when determining that the fifth maximum peak value is not greater than the predetermined value, the processing unit uses the first maximum peak value as the maximum peak value corresponding to the first alternating current signal, calculates the blood oxygen value according to the first maximum peak value and the first direct current signal, and calculates the pulse rate according to the frequency corresponding to the first maximum peak value. It is the examiner’s interpretation that the following approach as set forth to determining the best frequency of ordering the frequencies by peak amplitude from largest to smallest, F.sub.1 to F.sub.n and analyze them one by one to find the correct frequency would include iterating through any number of peaks from 1 -10 or more and would include fifth and sixth peaks. Note also Paragraphs [0051] – [0058] and [0079] – [0092].
Regarding claim 10, Edgar et al. teaches wherein when determining that the fifth maximum peak value is not greater than the sixth maximum peak value, the processing unit determines whether the sixth maximum peak value is greater than the predetermined value; when determining that the sixth maximum peak value is greater than the predetermined value, the processing unit uses the fifth maximum peak value as the maximum peak value corresponding to the first alternating current signal, calculates the blood oxygen value according to the fifth maximum peak value and the first direct current signal, and calculates the pulse rate according to the frequency corresponding to the fifth maximum peak value. It is the examiner’s interpretation that the following approach as set forth to determining the best frequency of ordering the frequencies by peak amplitude from largest to smallest, F.sub.1 to F.sub.n and analyze them one by one to find the correct frequency would include iterating through any number of peaks from 1 -10 or more and would include fifth and sixth peaks. Note also Paragraphs [0051] – [0058] and [0079] – [0092].
Regarding claim 11, Edgar et al. teaches wherein when determining that the sixth maximum peak value is not greater than the predetermined value, the processing unit uses the first maximum peak value as the maximum peak value corresponding to the first alternating current signal, calculates the blood oxygen value according to the first maximum peak value and the first direct current signal, and calculates the pulse rate according to the frequency corresponding to the first maximum peak value. It is the examiner’s interpretation that the following approach as set forth to determining the best frequency of ordering the frequencies by peak amplitude from largest to smallest, F.sub.1 to F.sub.n and analyze them one by one to find the correct frequency would include iterating through any number of peaks from 1 -10 or more and would include fifth and sixth peaks. Note also Paragraphs [0051] – [0058] and [0079] – [0092].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sakkarin et al. (IEEE Transactions on Biomedical circuits and Systems, VOL. 12 NO 4, August 2018 teaches a pulse oximeter determination method that accounts for motion artifact using Frequency translation.
Mathews(US 5431170) teaches A pulse responsive device, for example, a pulse rate meter or pulse oximetry device, is disclosed, which includes a light emitter and a light sensor for receiving light from the emitter after transmission through, or reflection from, body tissue to give an electrical signal varying according to blood flow or other fluid pulsations. A movement transducer gives an additional electrical signal representing body movements or vibrations, but independent of blood flow pulsations. This movement transducer may include a light emitter and sensor responsive to a different wavelength from the light emitter and light sensor used for measuring, and varying with, blood flow or other fluid pulsations. The pulse responsive device compares the two electrical signals produced to cancel out the movement or vibration noise from the signal obtained from the light sensor which obtains measurements which vary with blood or other fluid flow pulsations.
Renevey et al.( EP 2687154) teaches a portable device for determining a sleep-related parameter of a user, comprising a PPG sensor providing a PPG signal; a motion detecting device (40) for providing a motion reference signal; and a processing device (50) configured for determining beat-to-beat intervals from the PPG signal and for using the motion reference signal to provide a reliability index of the PPG signal. The disclosure further concerns a method for determining a sleep-related parameter of the user using the portable device.
Diab et al.( US 6002952) teaches A method and an apparatus to analyze two measured signals that are modeled as containing desired and undesired portions such as noise, FM and AM modulation. Coefficients relate the two signals according to a model defined in accordance with the present invention. In one embodiment, a transformation is used to evaluate a ratio of the two measured signals in order to find appropriate coefficients. The measured signals are then fed into a signal scrubber which uses the coefficients to remove the unwanted portions. The signal scrubbing is performed in either the time domain or in the frequency domain. The method and apparatus are particularly advantageous to blood oximetry and pulse rate measurements. In another embodiment, an estimate of the pulse rate is obtained by applying a set of rules to a spectral transform of the scrubbed signal. In another embodiment, an estimate of the pulse rate is obtained by transforming the scrubbed signal from a first spectral domain into a second spectral domain. The pulse rate is found by identifying the largest spectral peak in the second spectral domain.
Baker, Jr et al. (US 5853364) teaches A method and apparatus for reducing the effects of noise on a system for measuring physiological parameters, such as, for example, a pulse oximeter. The method and apparatus of the invention take into account the physical limitations on various physiological parameters being monitored when weighting and averaging a series of measurements. Varying weights are assigned different measurements, measurements are rejected, and the averaging period is adjusted according to the reliability of the measurements. Similarly, calculated values derived from analyzing the measurements are also assigned varying weights and averaged over adjustable periods. More specifically, a general class of filters such as, for example, Kalman filters, is employed in processing the measurements and calculated values. The filters use mathematical models which describe how the physiological parameters change in time, and how these parameters relate to measurement in a noisy environment. The filters adaptively modify a set of averaging weights to optimally estimate the physiological parameters.
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/BRIAN L CASLER/Primary Examiner, Art Unit 3791