Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
Claim(s) 1-6,8-18,20 is/are rejected under 35 U.S.C. 102(a)(1),102(a)(2) as being anticipated by Hong et al (2014/0278229).
1. A bio-optical physio-logging device comprising: at least one light emitting component; (see at least figures 3a,3b) at least one sensor (see at least figures 3a.3b); a power supply;(see at least ¶166) at least one processor;( see at least figure 1) and at least one antenna; (see at least figure 1 which shows wireless transceiver)wherein the bio-optical physio-logging device is operable to non-invasively attach to an animal; (see at least figure 2a which shows a wrist strap)wherein, once attached to the animal; the at least one processor is operable to activate the least one light emitting component; wherein the at least one light emitting component is designed to generate a light with a wavelength toward the animal; (see at least ¶144-146) wherein the at least one sensor is operable to capture a wavelength corresponding to light bouncing off of the animal; (see at least ¶144-146) and wherein, based on the captured wavelength, the bio-optical physio- logging device is operable to determine at least one physiological condition of the animal. (see at least ¶144-146 which teaches determining oxygen saturation)
2. The device of claim 1, wherein the at least one sensor includes at least one of a heart rate sensor, an electrocardiogram (ECG) sensor, an accelerometer, a gyroscope, a magnetometer, a thermometer, a global positioning system component, or a indium-gallium-arsenide photodetector. (see at least ¶112 and the table of physiological sensors)
3. The device of claim 2, wherein the at least one physiological condition includes a pulsative blood value, a oxy hemoglobin spectral absorption value, a deoxy hemoglobin spectral absorption value, a saturation level of peripheral capillary oxygen, an index of tissue perfusion, blood oxygen saturation, or respiratory rate. (see at least ¶144-146 which teaches determining oxygen saturation, and ¶112 and the table of sensors)
4. The device of claim 3, wherein, based on the pulsative blood value, the at least one processor is configured to determine a time series estimation of a heart rate of the animal. (see at least ¶178 which teaches estimating the user’s heart rate over time)
5. The device of claim 3, wherein the at least one sensor is further designed for photoplethysmography and electrocardiography. (see at least ¶152,153 which teaches PPG and at least ¶112 and the table of physiological sensors which teaches ECG)
6. The device of claim 1, wherein the at least one light emitting component is operable to generate a wavelength including a range between about 810 nanometers and about 1300 nanometers. (see at least ¶143-146 which teaches infrared light emitters. Infrared has a wavelength in the claimed range)
8. The device of claim 1, further including an attachment component, wherein the attachment component includes at least one of a strap, a suction cup, a hook and loop mechanism, and/or a snap connector. (see at least figure 2a which shows a strap)
9. A bio-optical physio-logging device comprising:
at least one light emitting component; (see at least figure 3a,3b)
at least one optical sensor including a layer of radiation blocking material; (see at least figures 3a,3b which teach light blocking material)
a power supply;(see at least ¶166)
at least one processor; (see at least figure 1)
at least one antenna; (see at least figure 1 which shows transceiver) wherein the layer of radiation blocking material is positioned around an exterior of the at least one optical sensor (see at least figures 3a,3b); wherein the bio-optical physio-logging device is operable to non-invasively attach to an animal; (see at least figures 2b which shows strap) wherein the bio-optical physio-logging device is in network communication with at least one remote device; (see at least ¶136 which teaches secondary device) at least wherein, once attached to the animal; the at least one processor is operable to activate the least one light emitting component; wherein the at least one light emitting component is designed to generate a light with a wavelength toward the animal; (see at least ¶144-146) wherein the at least one optical sensor is operable to capture a wavelength corresponding to light bouncing off of the animal; (see at least ¶144-146) wherein, based on the captured wavelength, the bio-optical physio- logging device is operable to determine at least one physiological condition of the animal; (see at least ¶144-146)
wherein based on the at least one determined physiological condition, the at least one processor generates at least one alert, wherein the at least one alert is transmitted to the at least one remote device. (see at least ¶316 which teaches that if heart rate is below a certain level, as certain type of music is played. This music acts as an alarm based on detected heartrate. The remote device, or secondary device, can be a smartphone or music player, for example)
10. The device of claim 9, wherein the at least one optical sensor includes a photodetector, wherein the at least one optical sensor is designed for photoplethysmography and/or near- infrared spatially-resolved diffuse reflectance spectroscopy (SRDS) bio-optical sensing,
wherein the at least one optical sensor is operable to detect variation in reflected light or transmitted light. (see at least ¶144-146 which teaches detecting variations of reflected light based on variations in oxygen saturation, for example)
11. The device of claim 9, wherein the at least one light emitting component is operable to generate a multi-wavelength light, wherein the at least one optical sensor is operable to receive a reflected wavelength for each wavelength of the multi-wavelength light, wherein the at least one processor is operable to determine at least one physiological condition for each reflected wavelength. (see at least ¶143-146 which teaches generating red and green light. As taught in ¶144 each detected wavelength is specific to the type of physiological data to be collected)
12. The device of claim 11 further comprising a position monitoring sensor, wherein the position monitoring sensor is operable to monitor at least one of a direction, speed, and/or movement of the animal, wherein the at least one processor is further operable to determine at least one physiological condition based on the at least one direction, speed, and/or movement of the animal. (see at least ¶184 which teaches using a sensor to determine if the person is outdoors or indoors, and at least ¶221-223 which teaches correlating GPS data to changes in physiology, such as increased heart rate)
13. The device of claim 9, wherein the at least one physiological condition includes a pulsative blood value, a oxy hemoglobin spectral absorption value, a deoxy hemoglobin spectral absorption value, a saturation level of peripheral capillary oxygen, an index of tissue perfusion, blood oxygen saturation, and/or a respiratory rate of the animal. (see at least ¶144-146 which teaches detecting oxygen saturation)
14. The device of claim 9, wherein the wavelength of the light generated by the at least one light emitting component is between about 800 nanometers and about 1300 nanometers. (see at least ¶143-146 which teaches infrared light emitters. Infrared has a wavelength in the claimed range)
15. A bio-optical physio-logging device comprising: at least one optical sensor;
at least one position sensor; (see at least ¶184 which teaches detecting location of person, and ¶111 which teaches GPS)
at least one light emitting diode; (see at least figures 3a,3b)
at least one processor; (see at least figure 1)
at least one antenna; (see a least figure 1) wherein
the bio-optical physio-logging device is operable to attach to at least one animal, (see at least figure 2a which teaches a strap)
when attached to the at least one animal, the bio- optical physio-logging device is in contact with skin of the at least one animal; wherein the least one light emitting diode is configured to generate light with at least two wavelengths, wherein each wavelength of the at least two wavelength is different; (see at least ¶144 which teaches generating at least light in the red and green spectrum)
wherein the at least one optical sensor includes a photodetector, (see at least ¶143-146)
wherein the at least one optical sensor is designed for photoplethysmography and/or near-infrared spatially-resolved diffuse reflectance spectroscopy (SRDS) bio-optical sensing, wherein the at least one optical sensor is operable to detect variation in reflected light or transmitted light; (see at least ¶143-146. As the oxygen saturation changes, the reflected light will change)
the at least one position sensor is operable to detect and monitor movement of the at least one animal; (see at least ¶184 which teaches detecting location of person, and ¶111 which teaches GPS)
the at least one processor is configured to activate the at least one light emitting diode, wherein the generated light travels to within the skin of the at least one animal, wherein the at least one optical sensor is operable to receive reflected light from the at least one animal; (see at least ¶143-146)
based on the received reflected light, the at least one processor is operable to determine at least one physiological condition of the at least one animal. (see at least ¶143-146)
16. The device of claim 15, wherein the at least one animal includes a terrestrial animal or a marine animal. (for use with an animal is considered to be intended use, not a structural limitation. Even so, a human being is considered a terrestrial animal)
17. The device of claim 15, wherein the at least one processor is operable to determine variations in arterial blood based on the variation in the reflected light. (see at least ¶143-146. As the blood contents varies over time, it will produce varied reflected light)
18. The device of claim 15, wherein the at least one optical sensor includes a layer of radiation blocking material, wherein the radiation blocking material wraps around the at least one optical sensor. (see at least figures 3a,3b which shows light blocking material which blocks light radiation)
20. The device of claim 15, wherein the at least one physiological condition includes a pulsative blood value, a oxy hemoglobin spectral absorption value, a deoxy hemoglobin spectral absorption value, a saturation level of peripheral capillary oxygen, an index of tissue perfusion, blood oxygen saturation, or respiratory rate. (see at 143-146 and ¶112 and the table of sensed parameters)
Claim Rejections - 35 USC § 103
Claim(s) 7,19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hong et al (2014/0278229) and Adachi et al (2023/0348292).
7. The device of claim 2, wherein the at least one sensor includes a solar radiation blocking layer, wherein the solar radiation blocking layer is positioned around the at least one sensor. (figures 3a,3b of Hong teaches which teaches light blocking material. Adachi specifically teaches blocking solar radiation, see at least ¶9. It would have been obvious to use such material for the light blocking material of Hong since it would effectively shield the device from solar radiation in a predictable manner)
19. The device of claim 18, wherein the radiation blocking material includes gold or silver. (Adachi is used by the examiner to teach using gold or silver to block near infrared light, see at least ¶9. It would have been obvious to use gold or silver to block radiation since Adachi teaches that silver and gold has high performance for blocking solar radiation, yielding predictable results)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Scott M. Getzow whose telephone number is (571)272-4946. The examiner can normally be reached M-F 9-5.
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/Scott M. Getzow/Primary Examiner, Art Unit 3792