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 Amendment
Receipt is acknowledged of applicant's amendment filed on 6/4/26. Claim 20 is new. Claims 1-20 are currently pending and an action on the merits is as follows.
Specification
The amendment filed 6/4/26 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention.
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Interpretation
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a display scan driver” and “a light sensing scan driver” claim 1 and 19, the light sensing scan driver being resistors and a capacitor, see ¶143.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 limitations “a display scan driver” invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification does not provide any structure for the driving circuits only what their function is. They seem to both supply power but also process signals so it is not clear what the circuit structure is. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claims 1-20 are 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. Claim 1, 19 and 20 recite one of the measured biometric information can be a cardiovascular disease analysis result but it is unclear where this is determined.
Claims 2-18 are 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. It is unclear what is considered a high pulse cycle or a low pulse cycle as the specification does not clarify the terminology. It appears the high pulse cycle is referring to peaks and the low pulse is referring to minima or valleys in the waveform. This is not clear from the claim language or the specification and it is unclear if there are additional calculations or envelopes determined as part of this
Claims 3 and 4 are 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. It is unclear what is considered “meditation-related” as it is not defined in the claim or specification and seems to be a term of degree.
Claims 4 and 6 are 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. It is unclear what a “generation cycle” is referring to. It seems to be just a single pulse or iteration of a peak or valley.
Claim 8 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. It is unclear what a standard respiration rate is. This could refer to a population norm range of respiration or it could be standard for that patient. The claim and the specification do not provide any definition or guidance as to what is standard.
Claim 14 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. It is unclear what is considered a “normal touch state”. Examiner presumes from ¶164 that a normal touch state is when the detected touch area is not smaller than a reference area.
Claim 17 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. It is unclear if the median or average value is used to determine the biometric information or if the high pulse and low pulse are used all together to determine the biometric information.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-5, 7-9 and 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kang et al. US 2023/007884 in view of Goldberg et al. US 2017/0333666.
Regarding claim 1 and 20, Kang discloses a display device comprising:
display pixels arranged in a display area of a display panel ([FIG7A] the upper portion of the display is display pixels);
light sensing pixels arranged in the display area ([¶44-44,75-76] the area designated by 51 has the sensor led and detector elements which are considered a pixel);
a display scan driver configured to drive the display pixels to emit light ([¶65-66,75] the processor directs the output of the display and the sensing light sources. [¶101] the processor can be a configuration of direct circuit components);
a light sensing scan driver configured to drive the light sensing pixels to sense light ([¶76-77] the processor activates the light sources. [¶101] the processor functions or drivers can be a configuration of direct circuit components); and
a main driving circuit configured to measure a user's biometric information using light sensing signals received from the light sensing pixels ([¶77] the processor collects the bioinformation. [¶101] the processor functions or drivers can be a configuration of direct circuit components),
wherein the main driving circuit displays a preset user behavior guidance program screen during a measurement period of biometric information to guide a user's biometric signal detection process, and displays user behavior guidance information and the biometric information measurement result using the biometric signal in real time ([¶75-77] the display shows instructions for measurement and real-time pressure data).
Kang does not specifically disclose that the biometric information which includes information among blood pressure, heart rate, heart rate variability, respiratory rate, blood vessel elasticity, a cardiovascular disease analysis result and oxygen saturation is displayed during the measurement period. Goldberg teaches a similar sensing and biofeedback system that provides meditation guidance and displays the heart rate ([¶37]). Therefore, it would have been obvious to one of ordinary skill in the art prior to the time of filing to combine the device of Kang with the teachings of Goldberg in order to provide biofeedback for behavior or lifestyle change ([¶4]).
Regarding claim 2, Kang discloses the main driving circuit detects pulse wave signals among the user's biometric signals by using the light sensing signals during the measurement period of biometric information ([¶48-49]),
analyzes a high pulse cycle and a high pulse cycle change of the pulse wave signals, a high pulse magnitude and a magnitude change of the pulse wave signals, a low pulse magnitude and a magnitude change of the pulse wave signals, a high pulse waveform change, a period in which the high pulse reaches its peak ([¶82-83] the maxima and minima of the pulse signal are analyzed as well as the changes in magnitude), and the difference in magnitude of the pulse wave signals respectively detected by green light and red light ([¶89] the different wavelength channels are compared).
Regarding claim 3, Goldberg teaches the main driving circuit displays meditation-related user behavior guide information on the user behavior guidance program screen, and a notification screen for displaying the user's heart rate and heart rate variability is displayed when the meditation-related user behavior guidance information is displayed ([¶37]).
Regarding claim 4, Kang discloses the main driving circuit detects and counts a generation cycle of the high pulses of the pulse wave signals to detect the user's heart rate and heart rate variability in real time, and displays the user's heart rate and heart rate variability in real time ([¶82] device determines peak to peak measures and can display determined heart rate).
Regarding claim 5 and 7, Goldberg teaches the main driving circuit displays a meditation screen on the user behavior guidance program screen, outputs sound, and provides feedback for the user's respiratory rate and breathing timing information during a period in which the meditation screen is displayed.
Regarding claim 8, Goldberg teaches the main driving circuit compares the user's inhalation and exhalation period detected in real time during the execution period of the user behavior guidance program and respiratory rate to a preset range for the inhalation period and exhalation period for meditation and a range for a standard respiratory rate, respectively, and when the user's inhalation and exhalation period and the respiratory rate are included within the preset range for the inhalation period and exhalation period for meditation and the range below the standard respiratory rate, breathing timing guidance information including preset ranges for the inhalation period and exhalation period for meditation and the standard respiratory rate is displayed in real time on the display window ([¶29,31] during breath meditation the breathing pace and signal can be presented as biofeedback).
Regarding claim 9, Kang discloses the main driving circuit displays a touch sensing area of the user's body part while the user behavior guidance program screen is displayed on the display area, displays waveforms of the pulse wave signals detected in real time on a display window of the user behavior guidance program screen to guide the user's pulse wave signal detection process, and displays a detection period of the pulse wave signals and a period during which the pulse wave signals need to be detected to adequately measure the biometric information ([¶75-77] the finger is guided to the correct positioning).
Regarding claim 15, Kang discloses the main driving circuit generates first pulse wave signals corresponding to magnitudes of the light sensing signals and changes in the magnitudes of the light sensing signals, receives at least one second pulse wave signal or an nth pulse wave signal from a main driving circuit formed in at least one other adjacent display device, compares and analyzes the first and second pulse wave signals or at least two pulse wave signals among the first to nth pulse wave signals, and measures the biometric information by selecting and using any one pulse wave signal according to the analysis result ([¶82-83] the series of pulse signals are analyzed against each other to determine the physiological information).
Regarding claim 16, Kang discloses the main driving circuit calculates and compares an average magnitude value of high pulses and an average magnitude value of low pulses of the first and second pulse wave signals or the first to nth pulse wave signals, selects any one of the pulse wave signals according to the comparison result, and measures the biometric information by analyzing the selected pulse wave signal ([¶82-83] the series of pulse signals are analyzed against each other to determine the physiological information. Specifically an average is determined for the upper envelope and lower envelope).
Regarding claim 17, Kang discloses the main driving circuit compares average magnitude values of high pulses of the first and second pulse wave signals or the first to nth pulse wave signals with each other, and selects any one pulse wave signal having the largest average magnitude value of the high pulses to measure the biometric information, measures the biometric information by selecting any one pulse wave signal having a median value among the average magnitude values of the high pulses compared with each other, compares average magnitude values of low pulses of the first and second pulse wave signals or the first to nth pulse wave signals with each other, and selects any one pulse wave signal having the smallest average magnitude value of the low pulses to measure the biometric information, or measures the biometric information by selecting any one pulse wave signal having a median value among the average magnitude values of the low pulses compared with each other ([¶82-83] the series of pulse signals are analyzed against each other to determine the physiological information. Specifically an average is determined for the upper envelope and lower envelope).
Regarding claim 19, Kang discloses a display device comprising:
display pixels arranged in a display area of a display panel ([FIG7A] the upper portion of the display is display pixels);
light sensing pixels arranged in the display area ([¶75-76] the area designated by 51 has the sensor led);
infrared light emitting pixels arranged in the display area ([¶44] infrared can be used);
a display scan driver configured to drive the display pixels to emit light ([¶65-66,75] the processor directs the output of the display and the sensing light sources. [¶101] the processor can be a configuration of direct circuit components);
a light sensing scan driver configured to drive the light sensing pixels to sense light ([¶76-77] the processor activates the light sources. [¶101] the processor functions or drivers can be a configuration of direct circuit components); and
a main driving circuit configured to measure a user's biometric information using light sensing signals received from the light sensing pixels ([¶77] the processor collects the bioinformation. [¶101] the processor functions or drivers can be a configuration of direct circuit components),
a touch sensing unit disposed on a front surface of the display panel to sense a user's touch and output a touch sensing signal ([¶75-77]);
a touch driving circuit configured to generate touch data and touch coordinate data according to a magnitude change and an output position of the touch sensing signal ([¶75-77] force contact data is determined and displayed); and
a main driving circuit configured to measure a user's biometric information using light sensing signals received from the light sensing pixels ([¶64] the processor collects the sensor information. [¶101] the processor can be a configuration of direct circuit components),
wherein the main driving circuit displays a preset user behavior guidance program screen during a measurement period of biometric information to guide a user's biometric signal detection process, and displays user behavior guidance information and the biometric information measurement result using the biometric signal in real time ([¶75-77] the display shows instructions for measurement and real-time pressure data).
Kang does not specifically disclose that the biometric information which includes information among blood pressure, heart rate, heart rate variability, respiratory rate, blood vessel elasticity, a cardiovascular disease analysis result and oxygen saturation is displayed during the measurement period. Goldberg teaches a similar sensing and biofeedback system that provides meditation guidance and displays the heart rate ([¶37]). Therefore, it would have been obvious to one of ordinary skill in the art prior to the time of filing to combine the device of Kang with the teachings of Goldberg in order to provide biofeedback for behavior or lifestyle change ([¶4]).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kang in view of Goldberg et al. further in view of Hubner US 2018/0199893.
Regarding claim 6, Kang discloses the main driving circuit sequentially detects a generation cycle and the magnitude of the low pulses of the pulse wave signals, but does not specifically disclose analyzes a cycle in which the magnitude of the low pulses increases and a cycle in which the magnitude of the low pulses decreases to detect the user's breathing timing information and the respiratory rate, and displays the user's breathing timing information and the respiratory rate in real time. Hubner teaches a similar biological sensing and processing system using PPG that determines the respiration ([¶110] the variation in the high pulses is used to determine respiration but the lower envelope determined from the minima is a common technique known to one of ordinary skill in the art as it’s the variation in the pulse that is indicative of the respiration). Therefore, it would have been obvious to one of ordinary skill in the art prior to the time of filing to combine the device of Kang with the teachings of Hubner in order to determine disease or medical conditions from the respiratory variations ([¶12]).
Response to Arguments
Applicant's arguments filed 6/4/26 have been fully considered but they are not persuasive.
Regarding Applicant’s arguments against the 112f interpretation, Examiner respectfully disagrees in part. The driving circuit has some inherent structure and seems to be a standard term. However, for a light sensing scan driver it is not clear if this is a physical circuit or software.
Regarding the arguments against 112b rejection, Examiner respectfully disagrees. For the reasons previously stated and reproduced above the specification does not provide clarification for the terms and one of ordinary skill in the art would not be able to discern the scope from the claim language.
Regarding Applicant’s arguments against the 103 rejection, Examiner respectfully disagrees. Kang does not disclose displaying the biometric information during the measurement period with the guidance. Kang teaches providing guidance based on a sensed parameter in real time where the parameter is tracked and show during the measurement. Kang just does not use the biometric information as recited in the claims. Goldberg teaches a similar PPG device that monitors the biometric information during the guidance session. Goldberg can also display the biometric information at the same time as the guidance ([¶26,27]) it does not have to be a report after the guidance program.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Philips WO 2009/138923 A1 also discloses a meditation system with real-time guidance using the biometric signal.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 MICHAEL ANTHONY CATINA whose telephone number is (571)270-5951. The examiner can normally be reached 10-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Chen can be reached at 5712723672. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL A CATINA/Examiner, Art Unit 3791 /TSE CHEN/Supervisory Patent Examiner, Art Unit 3791
