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
The amendment filed 07/03/2025 has been entered. Claims 1-20 remain pending in the application. Applicant’s amendments to the Claims have overcome each and every objection of claims 1-20 previously set forth in the Non-Final Office Action mailed 04/03/2025.
Claim Rejections - 35 USC § 103
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
Claims 1-6, 9-15, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Towe (US20100198039), hereinafter Towe, in view of Buchwald et al (US 20220361767), hereinafter Buchwald.
Regarding claim 1, Towe teaches a method of wireless physiological gating (“the ability to wirelessly telemeter bioelectrical and biosensor signals” [0009]), the method comprising:
wirelessly receiving an analog physiological signal of interest (“the heart ECG and … other neuroelectrical waveforms;” [0039]) from a primary device (“a remote base station.” [0015]) and a secondary device (“an ECG” [0041]), the primary device comprising an antenna (“biotelemetry exciter-receiver… antennas” [0044]) (“Exemplary embodiments of the invention demonstrate the ability to wirelessly telemeter bioelectrical and biosensor signals using a passive resonant circuitry approach that provides the capabilities of impedance transformation, modulation, and radio transmission in a very simple circuitry approach suited to very small package sizes and so minimally invasive.” [0009]; “applying the signal through a transistor to modulate the resonance of a tuned circuit in an amplitude-proportional way. The analog signal could then be recovered at a remote base station.” [0015]; “The sensor information could be used, for example to: (1) monitor the heart ECG and potentially transmit other neuroelectrical waveforms;” [0039]; “biotelemetry exciter-receiver… antennas” [0044]) being coupled in near-field ("The process of reflected impedance occurs at frequencies that are approximately below about 30 MHz where coupling between the base transmitter and remote unit are mostly inductive." [0011]; “several centimeter range” [0040]), and not via RF backscatter (“A variation on this process that is often used at higher frequencies above about 30 MHz and upward into the microwave frequency region is known as the backscatter approach" [0011]; “modulate reflected impedance” [0015]. Note that a backscatter is a variation that is used at higher frequencies while at lower frequencies the coupling is “mostly inductive." [0011]), with a resonant antenna of the secondary device (“There have been developed during preliminary work a number of different biotelemetry prototypes of varying size and range developed. They range from bread-board versions of about 6 mm square having decimeter-order ranges, to versions 1 mm.times.3 mm long, have several centimeter range. The smallest of the devices could be introduced into subcutaneous tissue, positioned near blood vessels, or located near any specific organ or tissue in the body by the use of reasonably sized introducers." [0040] “This is sufficient for transmitting the short distance through the body to a surface worn readout. The inventors envision a very low power worn biotelemetry exciter-receiver that requires minimal power dissipation... The system might also take good advantage of antennas woven into the fabric of uniforms and clothes” [0044]), and the secondary device having circuitry configured to vary an impedance of or otherwise vary a tuning of the resonant antenna of the secondary device so as to influence an electromagnetic environment or tuning of the antenna of the primary device (“applying the signal through a transistor to modulate the resonance of a tuned circuit in an amplitude-proportional way. The analog signal could then be recovered at a remote base station.” [0015]; “an apparatus of electronic components constituting a device such that a voltage variable capacitive reactance is coupled to an inductance forming a resonant circuit, wherein low level analog electrical potentials from high impedance bioelectrical or biosensor sources applied to this circuit will vary the said capacitive reactance and so change the resonance of said circuit in proportion to the amplitude of the analog waveform envelope.” [0026]; “FIG. 1. Schematic of the passive biotelemetry system. V1 models the input signal originating from biopotentials or biosensors. R1 is an isolating resistance and D1 and D2 represent back-to-back connected varactor diodes used as variable capacitances. L1 is the inductor forming a resonant circuit and also serves as an antenna.” [0063]), the change in electromagnetic environment being detected by the near field coupling of the secondary device to the primary device and corresponding to the analog physiological signal of interest from the secondary device (“the use of resonant coupling techniques for transmission of analog information has not yet been explored. Sensors are known whereby the measured parameter, such as pressure or temperature, directly affects the tuning of the resonant circuit usually by the change of a physical parameter such as capacitor plate spacing with pressure, and hence can modulate reflected impedance … in an analog proportional way…For example, Towe in 1986 demonstrated a resonant coupling method of electrocardiogram (ECG) telemetry by using high impedance preamplifiers to boost the 1 millivolt ECG to about 500 millivolts and then applying the signal through a transistor to modulate the resonance of a tuned circuit in an amplitude-proportional way.” [0015]. “V1 models the input signal originating from biopotentials or biosensors. R1 is an isolating resistance and D1 and D2 represent back-to-back connected varactor diodes used as variable capacitances. L1 is the inductor forming a resonant circuit and also serves as an antenna.” [0063]).
Towe does not teach wireless physiological gating in a magnetic resonance imaging (MRI) machine; the antenna of the MRI machine.
However, in the medical systems field of endeavor, Buchwald discloses MRI system comprising patient motion sensor and signal processing method, which is analogous art. Buchwald teaches wireless physiological gating in a magnetic resonance imaging (MRI) machine (“An MRI system includes … a motion sensor for sensing motion of the patient during imaging.” [0010]), the antenna of the MRI machine (18) (18a, 18b) (“a coupling loop” [0010]; “the coupling loop” [0032]) (“detect a patient motion” [0010]; “a respiration signal” [0032])
(“An MRI system includes … a motion sensor for sensing motion of the patient during imaging. The motion sensor includes a self-resonant spiral (SRS) coil and a coupling loop inductively coupled to the SRS coil and configured to generate a drive RF signal to excite the SRS coil and receive a reflection RF signal from the SRS coil. The motion sensor is located such that at least a portion of the patient's torso is within the magnetic field while the patient is being imaged in the bore. A controller is configured to detect a patient motion based on changes in the reflection RF signal.” [0010]; “the coupling loop is configured to generate a drive RF signal to excite the resonant coil to radiate a magnetic field having a predefined resonant frequency, and the coupling loop also receives a reflection RF from the resonant coil. Based on the reflection RF signal, a respiration signal can be derived. For example, the respiration signal may be determined based on changes in a reflection coefficient (S11) of the resonant coil over time.” [0032]. “Each motion sensor 11a, 11b includes a resonant coil 16a, 16b and a corresponding coupling loop 18a, 18b. Each coupling loop 18a, 18b is configured to generate a drive RF signal to excite the corresponding resonant coil 16a, 16b to radiate a magnetic field having a predefined resonant frequency. The coupling loop 18a, 18b is further configured to receive a reflection RF signal from the corresponding resonant coil 16a, 16b.” [0045]; “this change is detected by measuring the reflection coefficient (S11) of the RF source power emitted by the coupling loop 18a, 18b into the resonant coil 16a, 16b. The reflection coefficient S11 represents how much power is reflected from the resonant coil 16a, 16b, which will be impacted by the changes in absorption by the patient due to respiration. Accordingly, a respiration signal can be determined based on changes in the reflection coefficient over a respiration period.” [0047]; Figs. 1-5).
Therefore, based on Buchwald’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Towe to perform wireless physiological gating in a magnetic resonance imaging (MRI) machine; with the antenna of the MRI machine, as taught by Buchwald, in order to improve the physiological signal detection. In the invention of Towe and Buchwald, the primary device comprises an antenna of the MRI machine, the antenna of the MRI machine being coupled in near-field with a resonant antenna of the secondary device, and varying an impedance of or otherwise varying a tuning of the resonant antenna of the secondary device is to influence an electromagnetic environment or tuning of the antenna of the MRI machine.
Regarding claim 2, Towe modified by Buchwald teaches the method of claim 1.
Towe does not teach that the primary device includes circuitry and the antenna of the MRI machine configured to detect the change in electromagnetic environment;
or the antenna of the MRI machine comprises a self-resonant spiral or other type of antenna configured to, when electrically driven by a reflectometer circuit of the primary device, probe the electromagnetic environment and measure changes in a reflection coefficient corresponding to the analog physiological signal of interest from the secondary device; or
the MRI machine comprises circuitry and a transmit antenna and a receive antenna configured to probe the electromagnetic environment and measure a transmission path and/or changes in a transmission coefficient corresponding to the analog physiological signal of interest from the secondary device.
However, in the medical systems field of endeavor, Buchwald discloses MRI system comprising patient motion sensor and signal processing method, which is analogous art. Buchwald teaches that the primary device includes circuitry and the antenna of the MRI machine configured to detect the change in electromagnetic environment; or
the antenna of the MRI machine comprises a self-resonant spiral or other type of antenna configured to, when electrically driven by a reflectometer circuit (18) (18a, 18b) of the primary device, probe the electromagnetic environment and measure changes in a reflection coefficient (“The reflection coefficient S11” [0047]) corresponding to the analog physiological signal of interest from the secondary device; or
the MRI machine comprises circuitry and a transmit antenna and a receive antenna configured to probe the electromagnetic environment and measure a transmission path and/or changes in a transmission coefficient corresponding to the analog physiological signal of interest (The motion sensor includes a self-resonant spiral (SRS) coil and a coupling loop inductively coupled to the SRS coil and configured to generate a drive RF signal to excite the SRS coil and receive a reflection RF signal from the SRS coil.” [0010]; “this change is detected by measuring the reflection coefficient (S11) of the RF source power emitted by the coupling loop 18a, 18b into the resonant coil 16a, 16b. The reflection coefficient S11 represents how much power is reflected from the resonant coil 16a, 16b, which will be impacted by the changes in absorption by the patient due to respiration. Accordingly, a respiration signal can be determined based on changes in the reflection coefficient over a respiration period.” [0047]; “The coupling loop 18 is inductively coupled to the SRS coil 36, or other resonant coil 16. The coupling loop 18 is configured to generate a drive RF signal to excite the SRS coil to radiate a magnetic field at a predefined frequency.” [0055]; Figs. 1-5).
Therefore, based on Buchwald’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Towe to employ the primary device includes circuitry and the antenna of the MRI machine configured to detect the change in electromagnetic environment; or the antenna of the MRI machine comprises a self-resonant spiral or other type of antenna configured to, when electrically driven by a reflectometer circuit of the primary device, probe the electromagnetic environment and measure changes in a reflection coefficient corresponding to the analog physiological signal of interest from the secondary device; or the MRI machine comprises circuitry and a transmit antenna and a receive antenna configured to probe the electromagnetic environment and measure a transmission path and/or changes in a transmission coefficient corresponding to the analog physiological signal of interest from the secondary device, as taught by Buchwald, in order to improve the physiological signal detection. In the invention of Towe and Buchwald, the analog physiological signal of interest is the analog physiological signal of interest from the secondary device.
Regarding claim 3, Towe modified by Buchwald teaches the method of claim 1, wherein Towe teaches that the analog physiological signal of interest comprises an electrical QRS signal or electrocardiogram (ECG) waveform (“FIG. 4 shows an ECG used as a sensor test signal telemetered over a half-meter distance by using this approach with a 1.5 cm antenna.” [0041]), wherein the secondary device comprises an ECG device or ECG patch with electrode connections to a patient (“In exemplary embodiments, voltage variable capacitance devices such as varactor diodes exhibit a desirably high input impedance to electrical signals in the frequency ranges below about 100 kHz. This provides a minimal loading on biopotential electrodes or on sensors producing an electrical signal.” [0032]) and a resonant circuit configured to directly modulate an impedance of or otherwise directly modulate the tuning of the resonant antenna of the secondary device so as to correlate to the ECG waveform (“applying the signal through a transistor to modulate the resonance of a tuned circuit in an amplitude-proportional way. The analog signal could then be recovered at a remote base station.” [0015]; “an apparatus of electronic components constituting a device such that a voltage variable capacitive reactance is coupled to an inductance forming a resonant circuit, wherein low level analog electrical potentials from high impedance bioelectrical or biosensor sources applied to this circuit will vary the said capacitive reactance and so change the resonance of said circuit in proportion to the amplitude of the analog waveform envelope.” [0026]; “FIG. 1. Schematic of the passive biotelemetry system. V1 models the input signal originating from biopotentials or biosensors. R1 is an isolating resistance and D1 and D2 represent back-to-back connected varactor diodes used as variable capacitances. L1 is the inductor forming a resonant circuit and also serves as an antenna.” [0063]).
Regarding claim 4, Towe modified by Buchwald teaches the method of claim 1, wherein Towe teaches that the secondary device is free from electrical interconnection with the primary device and is configured so as to permit wireless data transfer of the analog physiological signal of interest from the secondary device to the primary device without the secondary device using a radio frequency (RF) transmitter (“Exemplary embodiments of the invention demonstrate the ability to wirelessly telemeter bioelectrical and biosensor signals using a passive resonant circuitry approach that provides the capabilities of impedance transformation, modulation, and radio transmission in a very simple circuitry approach suited to very small package sizes and so minimally invasive.” [0009]; “ the small voltage V1 applied across the resonant circuit varies the baseline capacitance of the series diodes and hence vary the system fundamental resonant frequency.” [0080]. “Changes in voltage across the varactor affects the frequency of both the fundamental resonance as well as the radiated harmonics. Even microvolt level signals can modulate the varactor diode capacitance to a remotely detectable degree by using conventional radio demodulation techniques ...Varactor-based L-C circuits are tunable to specific resonant frequencies.” [0083]).
Towe does not teach that the primary device is the MRI machine.
However, in the medical systems field of endeavor, Buchwald discloses MRI system comprising patient motion sensor and signal processing method, which is analogous art. Buchwald teaches the primary device is the MRI machine (100) (“An MRI system includes … a motion sensor for sensing motion of the patient during imaging.” [0010]; Figs. 1-2).
Therefore, based on Buchwald’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Towe to have the primary device that is the MRI machine, as taught by Buchwald, in order to improve the physiological signal detection.
Regarding claim 5, Towe modified by Buchwald teaches the method of claim 1.
Towe does not teach generating a constant or varying frequency tone or signal using phase locked loop (PLL) or other circuitry, controlled by a system comprising the MRI machine;
driving, via a reflectometer circuity of the MRI machine, the antenna of the primary device to emit the constant or varying frequency tone or signal as incident waves emitted by the antenna of the MRI machine;
near-field coupling the antenna of the MRI machine and the resonant antenna of the secondary device; and
detecting and measuring, by the reflectometer circuit and circuitry associated therewith, a ratio of incident and reflected power, and a reflection coefficient therefor, the changes in the reflection coefficient corresponding to the analog physiological signal of interest from the secondary device.
However, in the medical systems field of endeavor, Buchwald discloses MRI system comprising patient motion sensor and signal processing method, which is analogous art. Buchwald teaches generating a constant or varying frequency tone or signal (“a drive RF signal” [0010]) using phase locked loop (PLL) or other circuitry (The motion sensor includes a self-resonant spiral (SRS) coil and a coupling loop inductively coupled to the SRS coil and configured to generate a drive RF signal to excite the SRS coil and receive a reflection RF signal from the SRS coil.” [0010]), controlled by a system (100) comprising the MRI machine (“A controller is configured to detect a patient motion based on changes in the reflection RF signal.” [0010]; Fig. 1);
driving, via a reflectometer circuity of the primary device, the antenna of the MRI machine to emit the constant or varying frequency tone or signal as incident waves emitted by the antenna of the MRI machine (“The coupling loop 18 is inductively coupled to the SRS coil 36, or other resonant coil 16. The coupling loop 18 is configured to generate a drive RF signal to excite the SRS coil to radiate a magnetic field at a predefined frequency.” [0055]);
near-field coupling the antenna of the MRI machine (18) (18a, 18b) and the resonant antenna (16) (16a, 16b) (“FIG. 7 is a schematic depiction of a resonant coil 16, 36 and depicts the H-field pattern in a YZ cut plane. The H-field dominates the environment around the resonant coil 16, 36… The depth of the near field at 27 MHz will be greater than the near field depth at a higher frequency, such as 240 MHz. The RF magnetic field will have a greater depth of penetration when the source frequency is lower. For example, the near field depth at 240 MHz is about 4 cm, while the depth at 27 MHz increases to about 88 cm. Accordingly, the sensor 11 can be positioned further from the patient at 27 MHz than where a resonant coil at 240 MHz is utilized.” [0062]; Figs. 1-3); and
detecting and measuring, by the reflectometer circuit and circuitry associated therewith, a ratio of incident and reflected power, and a reflection coefficient therefor (“The reflection coefficient S11” [0047]), the changes in the reflection coefficient corresponding to the analog physiological signal of interest (“this change is detected by measuring the reflection coefficient (S11) of the RF source power emitted by the coupling loop 18a, 18b into the resonant coil 16a, 16b. The reflection coefficient S11 represents how much power is reflected from the resonant coil 16a, 16b, which will be impacted by the changes in absorption by the patient due to respiration. Accordingly, a respiration signal can be determined based on changes in the reflection coefficient over a respiration period.” [0047]).
Therefore, based on Buchwald’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Towe to have the steps of generating a constant or varying frequency tone or signal using phase locked loop (PLL) or other circuitry, controlled by a system comprising the MRI machine; driving, via a reflectometer circuity of the MRI machine, the antenna of the primary device to emit the constant or varying frequency tone or signal as incident waves emitted by the antenna of the MRI machine; near-field coupling the antenna of the MRI machine and the resonant antenna of the secondary device; and detecting and measuring, by the reflectometer circuit and circuitry associated therewith, a ratio of incident and reflected power, and a reflection coefficient therefor, the changes in the reflection coefficient corresponding to the analog physiological signal of interest from the secondary device, as taught by Buchwald, in order to improve the physiological signal detection. In the invention of Towe and Buchwald, the resonant antenna is the resonant antenna of the secondary device and the analog physiological signal of interest is the analog physiological signal of interest from the secondary device.
Regarding claim 6, Towe modified by Buchwald teaches the method of claim 5,
wherein Towe teaches generating the analog physiological signal of interest via electrode connections or other connection to a patient (“FIG. 4 shows the remotely demodulated signal using two silver silver-chloride surface electrodes attached to the human chest and the roughly 1 mV detected ECG biopotential used as V1 as in FIG. 1.” [0089]) and a resonant circuit of the secondary device configured to directly modulate an impedance of or otherwise directly modulate the tuning of the resonant antenna of the secondary device so as to correlate to the analog physiological signal of interest (“an apparatus of electronic components constituting a device such that a voltage variable capacitive reactance is coupled to an inductance forming a resonant circuit, wherein low level analog electrical potentials from high impedance bioelectrical or biosensor sources applied to this circuit will vary the said capacitive reactance and so change the resonance of said circuit in proportion to the amplitude of the analog waveform envelope.” [0026]; “FIG. 1. Schematic of the passive biotelemetry system. V1 models the input signal originating from biopotentials or biosensors. R1 is an isolating resistance and D1 and D2 represent back-to-back connected varactor diodes used as variable capacitances. L1 is the inductor forming a resonant circuit and also serves as an antenna.” [0063]); and
modulating the impedance of or otherwise modulating the tuning of the resonant antenna of the secondary device (“remotely demodulated” [0089]) so as to correlate to the analog physiological signal of interest and to influence the electromagnetic environment and the tuning of the antenna of the primary device (“the telemetry device employs a pair of varactor diodes in a half-bridge configuration and a miniature inductor to form a resonant circuit. An external RF exciter pumps energy into this system which the circuit then re-radiates on a different harmonic frequency. Electrical signals originating from high impedance sources such as biopotential electrodes or miniature chemical or physical sensors, are applied to the voltage variable capacitors” [0077]. “FIG. 4 shows the remotely demodulated signal using two silver silver-chloride surface electrodes attached to the human chest and the roughly 1 mV detected ECG biopotential used as V1 as in FIG. 1.” [0089]).
Regarding claim 9, Towe modified by Buchwald teaches the method of claim 1, wherein Towe teaches that the secondary device is powered by a battery and/or photovoltaic cell/solar and/or power harvesting from RF/gradient power from the MRI machine and/or power harvesting from the antenna/primary coil of the MRI machine (“a remote unit is of an electrically passive design containing no batteries and deriving its power needs from the incoming radio frequency carrier wave. This allows the manufacture of biopotential communication devices that have small size and potentially long lifetimes. Since there are no batteries to wear out, they are suited to tasks such as wireless telemetry of bioelectrical and sensor data from small physical or chemical sensors implanted in the body of humans or other living things.” [0069]).
Regarding claim 10, Towe teaches a system (“The system” [0044]) configured to wirelessly transfer data from a secondary device (“an ECG” [0041]) to a primary device (“biotelemetry exciter-receiver… antennas” [0044]) (“Exemplary embodiments of the invention demonstrate the ability to wirelessly telemeter bioelectrical and biosensor signals using a passive resonant circuitry approach that provides the capabilities of impedance transformation, modulation, and radio transmission in a very simple circuitry approach suited to very small package sizes and so minimally invasive.” [0009] “The sensor information could be used, for example to: (1) monitor the heart ECG and potentially transmit other neuroelectrical waveforms;” [0039]), the system comprising:
circuitry and an antenna/primary coil of the primary device (“biotelemetry exciter-receiver… antennas” [0044]) configured to wirelessly receive an analog physiological signal of interest from the secondary device (“FIG. 4 shows an ECG used as a sensor test signal telemetered over a half-meter distance by using this approach with a 1.5 cm antenna.” [0041]. “This is sufficient for transmitting the short distance through the body to a surface worn readout. The inventors envision a very low power worn biotelemetry exciter-receiver that requires minimal power dissipation... The system might also take good advantage of antennas woven into the fabric of uniforms and clothes” [0044]), the antenna of the primary device being coupled in near-field ("The process of reflected impedance occurs at frequencies that are approximately below about 30 MHz where coupling between the base transmitter and remote unit are mostly inductive." [0011]; “several centimeter range” [0040]), and not via RF backscatter (“A variation on this process that is often used at higher frequencies above about 30 MHz and upward into the microwave frequency region is known as the backscatter approach" [0011]; “modulate reflected impedance” [0015]. Note that a backscatter is a variation that is used at higher frequencies while at lower frequencies the coupling is “mostly inductive." [0011]), with a resonant antenna of the secondary device (“a resonant circuit … also serves as an antenna.” [0063]; “small loop antennas” [0083]), and the secondary device having circuitry configured to vary an impedance of or otherwise vary a tuning of the resonant antenna of the secondary device so as to influence an electromagnetic environment or tuning of the antenna of the primary device (“applying the signal through a transistor to modulate the resonance of a tuned circuit in an amplitude-proportional way. The analog signal could then be recovered at a remote base station.” [0015]; “an apparatus of electronic components constituting a device such that a voltage variable capacitive reactance is coupled to an inductance forming a resonant circuit, wherein low level analog electrical potentials from high impedance bioelectrical or biosensor sources applied to this circuit will vary the said capacitive reactance and so change the resonance of said circuit in proportion to the amplitude of the analog waveform envelope.” [0026]; “FIG. 1. Schematic of the passive biotelemetry system. V1 models the input signal originating from biopotentials or biosensors. R1 is an isolating resistance and D1 and D2 represent back-to-back connected varactor diodes used as variable capacitances. L1 is the inductor forming a resonant circuit and also serves as an antenna.” [0063]), the change in electromagnetic environment being detected via the near-field coupling by the circuitry within the primary device and corresponding to the analog physiological signal of interest from the secondary device (“the use of resonant coupling techniques for transmission of analog information has not yet been explored. Sensors are known whereby the measured parameter, such as pressure or temperature, directly affects the tuning of the resonant circuit usually by the change of a physical parameter such as capacitor plate spacing with pressure, and hence can modulate reflected impedance …in an analog proportional way. There have also been hybrid techniques whereby amplifiers have been used with sensors and low level biopotentials to transform their typically high impedance and boost signal levels to the point where modulation of passive resonant circuits may occur. For example, Towe in 1986 demonstrated a resonant coupling method of electrocardiogram (ECG) telemetry by using high impedance preamplifiers to boost the 1 millivolt ECG to about 500 millivolts and then applying the signal through a transistor to modulate the resonance of a tuned circuit in an amplitude-proportional way. The analog signal could then be recovered at a remote base station.” [0015]).
Towe does not teach that the varying an impedance of or otherwise the varying a tuning of the resonant antenna of the secondary device is to influence an electromagnetic environment or tuning of the antenna of the primary device, the change in electromagnetic environment being detected by the circuitry within the primary device and corresponding to the analog physiological signal of interest from the secondary device.
However, in the medical systems field of endeavor, Buchwald discloses MRI system comprising patient motion sensor and signal processing method, which is analogous art. Buchwald teaches the varying an impedance of or otherwise the varying a tuning of the resonant antenna of the secondary device is to influence an electromagnetic environment or tuning of the antenna of the primary device (“a self-resonant spiral (SRS) coil and a coupling loop inductively coupled to the SRS coil” [0010]), the change in electromagnetic environment being detected by the circuitry within the primary device (“receive a reflection RF signal” [0010]) and corresponding to the analog physiological signal of interest (“detect a patient motion” [0010]; “a respiration signal” [0032]) from the secondary device (“An MRI system includes … a motion sensor for sensing motion of the patient during imaging. The motion sensor includes a self-resonant spiral (SRS) coil and a coupling loop inductively coupled to the SRS coil and configured to generate a drive RF signal to excite the SRS coil and receive a reflection RF signal from the SRS coil. The motion sensor is located such that at least a portion of the patient's torso is within the magnetic field while the patient is being imaged in the bore. A controller is configured to detect a patient motion based on changes in the reflection RF signal.” [0010]).
Therefore, based on Buchwald’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Towe to vary an impedance of or otherwise vary a tuning of the resonant antenna of the secondary device so as to influence an electromagnetic environment or tuning of the antenna of the primary device, the change in electromagnetic environment being detected by the circuitry within the primary device and corresponding to the analog physiological signal of interest from the secondary device, as taught by Buchwald, in order to improve the physiological signal detection.
Regarding claim 11, Towe modified by Buchwald teaches the system of claim 10.
Towe does not explicitly teach that the primary device includes circuitry and one or more antenna configured to detect the change in electromagnetic environment; or the antenna of the primary device comprises a self-resonant spiral or other type of antenna configured to, when electrically driven by a reflectometer circuit, probe the electromagnetic environment and measure changes in a reflection coefficient corresponding to the analog physiological signal of interest from the secondary device; or the primary device comprises circuitry and a transmit antenna and a receive antenna configured to probe the electromagnetic environment and measure a transmission path and/or changes in a transmission coefficient corresponding to the analog physiological signal of interest from the secondary device.
However, in the medical systems field of endeavor, Buchwald discloses MRI system comprising patient motion sensor and signal processing method, which is analogous art. Buchwald teaches the primary device includes circuitry and one or more antenna configured to detect the change in electromagnetic environment; or the antenna of the primary device comprises a self-resonant spiral or other type of antenna (“a self-resonant spiral (SRS) coil” [0010]) configured to, when electrically driven by a reflectometer circuit (18) (18a, 18b) (“The coupling loop 18 is inductively coupled to the SRS coil 36, or other resonant coil 16. The coupling loop 18 is configured to generate a drive RF signal to excite the SRS coil to radiate a magnetic field at a predefined frequency.” [0055]), probe the electromagnetic environment and measure changes in a reflection coefficient (“The reflection coefficient S11” [0047]) corresponding to the analog physiological signal of interest from the secondary device (“the coupling loop is configured to generate a drive RF signal to excite the resonant coil to radiate a magnetic field having a predefined resonant frequency, and the coupling loop also receives a reflection RF from the resonant coil. Based on the reflection RF signal, a respiration signal can be derived. For example, the respiration signal may be determined based on changes in a reflection coefficient (S11) of the resonant coil over time.” [0032]); or the primary device comprises circuitry and a transmit antenna and a receive antenna configured to probe the electromagnetic environment and measure a transmission path and/or changes in a transmission coefficient corresponding to the analog physiological signal of interest from the secondary device (“An MRI system includes … a motion sensor for sensing motion of the patient during imaging. The motion sensor includes a self-resonant spiral (SRS) coil and a coupling loop inductively coupled to the SRS coil and configured to generate a drive RF signal to excite the SRS coil and receive a reflection RF signal from the SRS coil... A controller is configured to detect a patient motion based on changes in the reflection RF signal.” [0010]; “Each motion sensor 11a, 11b includes a resonant coil 16a, 16b and a corresponding coupling loop 18a, 18b. Each coupling loop 18a, 18b is configured to generate a drive RF signal to excite the corresponding resonant coil 16a, 16b to radiate a magnetic field having a predefined resonant frequency. The coupling loop 18a, 18b is further configured to receive a reflection RF signal from the corresponding resonant coil 16a, 16b.” [0045]; “this change is detected by measuring the reflection coefficient (S11) of the RF source power emitted by the coupling loop 18a, 18b into the resonant coil 16a, 16b. The reflection coefficient S11 represents how much power is reflected from the resonant coil 16a, 16b, which will be impacted by the changes in absorption by the patient due to respiration. Accordingly, a respiration signal can be determined based on changes in the reflection coefficient over a respiration period.” [0047]; Figs. 1-5).
Therefore, based on Buchwald’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Towe to employ the primary device includes circuitry and one or more antenna configured to detect the change in electromagnetic environment; or the antenna of the primary device comprises a self-resonant spiral or other type of antenna configured to, when electrically driven by a reflectometer circuit, probe the electromagnetic environment and measure changes in a reflection coefficient corresponding to the analog physiological signal of interest from the secondary device; or the primary device comprises circuitry and a transmit antenna and a receive antenna configured to probe the electromagnetic environment and measure a transmission path and/or changes in a transmission coefficient corresponding to the analog physiological signal of interest from the secondary device, as taught by Buchwald, in order to improve the physiological signal detection.
Regarding claim 12, Towe modified by Buchwald teaches the system of claim 10, wherein Towe teaches that the analog physiological signal of interest comprises an electrical QRS signal or electrocardiogram (ECG) waveform (“FIG. 4 shows an ECG used as a sensor test signal telemetered over a half-meter distance by using this approach with a 1.5 cm antenna.” [0041]), wherein the secondary device comprises an ECG device or ECG patch with electrode connections to a patient (“In exemplary embodiments, voltage variable capacitance devices such as varactor diodes exhibit a desirably high input impedance to electrical signals in the frequency ranges below about 100 kHz. This provides a minimal loading on biopotential electrodes or on sensors producing an electrical signal.” [0032]) and a resonant circuit configured to directly modulate an impedance of or otherwise directly modulate the tuning of the resonant antenna of the secondary device so as to correlate to the ECG waveform (“applying the signal through a transistor to modulate the resonance of a tuned circuit in an amplitude-proportional way. The analog signal could then be recovered at a remote base station.” [0015]; “an apparatus of electronic components constituting a device such that a voltage variable capacitive reactance is coupled to an inductance forming a resonant circuit, wherein low level analog electrical potentials from high impedance bioelectrical or biosensor sources applied to this circuit will vary the said capacitive reactance and so change the resonance of said circuit in proportion to the amplitude of the analog waveform envelope.” [0026]; “FIG. 1. Schematic of the passive biotelemetry system. V1 models the input signal originating from biopotentials or biosensors. R1 is an isolating resistance and D1 and D2 represent back-to-back connected varactor diodes used as variable capacitances. L1 is the inductor forming a resonant circuit and also serves as an antenna.” [0063]).
Towe does not teach that the primary device comprises a magnetic resonance imaging (MRI) machine.
However, in the medical systems field of endeavor, Buchwald discloses MRI system comprising patient motion sensor and signal processing method, which is analogous art. Buchwald teaches the primary device comprises a magnetic resonance imaging (MRI) machine (100) (“An MRI system includes … a motion sensor for sensing motion of the patient during imaging.” [0010]; Figs. 1-2).
Therefore, based on Buchwald’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Towe to have the primary device that comprises a magnetic resonance imaging (MRI) machine, as taught by Buchwald, in order to improve the physiological signal detection.
Regarding claim 13, Towe modified by Buchwald teaches the system of claim 10, wherein Towe teaches that the secondary device includes a resonant loop (“inductive loop forming a resonant circuit." [0085]) electrically coupled to a tuned LC circuit (“Varactor-based L-C circuits are tunable to specific resonant frequencies." [0083] “Biopotentials applied to the time varying capacitor shift its base capacitance and so this modulates the current flow in a companion inductive loop forming a resonant circuit." [0085]), and is free from electrical interconnection with the primary device and is configured so as to permit wireless data transfer of the analog physiological signal of interest from the secondary device to the primary device without the secondary device using a radio frequency (RF) transmitter (“Exemplary embodiments of the invention demonstrate the ability to wirelessly telemeter bioelectrical and biosensor signals using a passive resonant circuitry approach that provides the capabilities of impedance transformation, modulation, and radio transmission in a very simple circuitry approach suited to very small package sizes and so minimally invasive.” [0009]; “ the small voltage V1 applied across the resonant circuit varies the baseline capacitance of the series diodes and hence vary the system fundamental resonant frequency.” [0080]. “Changes in voltage across the varactor affects the frequency of both the fundamental resonance as well as the radiated harmonics. Even microvolt level signals can modulate the varactor diode capacitance to a remotely detectable degree by using conventional radio demodulation techniques ...Varactor-based L-C circuits are tunable to specific resonant frequencies.” [0083]).
Regarding claim 14, Towe modified by Buchwald teaches the system of claim 10.
Towe does not teach that the primary device is configured to:
generate a constant or varying frequency tone or signal using phase locked loop (PLL) or other circuitry, controlled by a system comprising the primary device;
drive, via a reflectometer circuity of the primary device, the antenna of the primary device to emit the constant or varying frequency tone or signal as incident waves emitted by the antenna of the primary device;
near-field couple the antenna of the primary device and the resonant antenna of the secondary device; and
detect and measure, by the reflectometer circuit and circuitry associated therewith, a ratio of incident and reflected power, and a reflection coefficient therefor, the changes in the reflection coefficient corresponding to the analog physiological signal of interest from the secondary device.
However, in the medical systems field of endeavor, Buchwald discloses MRI system comprising patient motion sensor and signal processing method, which is analogous art. Buchwald teaches that the primary device is configured to:
generate a constant or varying frequency tone or signal (“a drive RF signal” [0010]) using phase locked loop (PLL) or other circuitry (The motion sensor includes a self-resonant spiral (SRS) coil and a coupling loop inductively coupled to the SRS coil and configured to generate a drive RF signal to excite the SRS coil and receive a reflection RF signal from the SRS coil.” [0010]), controlled by a system (100) comprising the primary device (“A controller is configured to detect a patient motion based on changes in the reflection RF signal.” [0010]; Fig. 1);
drive, via a reflectometer circuity of the primary device, the antenna of the primary device to emit the constant or varying frequency tone or signal as incident waves emitted by the antenna of the primary device (“The coupling loop 18 is inductively coupled to the SRS coil 36, or other resonant coil 16. The coupling loop 18 is configured to generate a drive RF signal to excite the SRS coil to radiate a magnetic field at a predefined frequency.” [0055]);
near-field couple the antenna of the primary device (18a, 18b) and the resonant antenna (16) (16a, 16b) (“FIG. 7 is a schematic depiction of a resonant coil 16, 36 and depicts the H-field pattern in a YZ cut plane. The H-field dominates the environment around the resonant coil 16, 36… The depth of the near field at 27 MHz will be greater than the near field depth at a higher frequency, such as 240 MHz. The RF magnetic field will have a greater depth of penetration when the source frequency is lower. For example, the near field depth at 240 MHz is about 4 cm, while the depth at 27 MHz increases to about 88 cm. Accordingly, the sensor 11 can be positioned further from the patient at 27 MHz than where a resonant coil at 240 MHz is utilized.” [0062]; Figs. 1-3); and
detect and measure, by the reflectometer circuit and circuitry associated therewith, a ratio of incident and reflected power, and a reflection coefficient therefor (“The reflection coefficient S11” [0047]), the changes in the reflection coefficient corresponding to the analog physiological signal of interest (“this change is detected by measuring the reflection coefficient (S11) of the RF source power emitted by the coupling loop 18a, 18b into the resonant coil 16a, 16b. The reflection coefficient S11 represents how much power is reflected from the resonant coil 16a, 16b, which will be impacted by the changes in absorption by the patient due to respiration. Accordingly, a respiration signal can be determined based on changes in the reflection coefficient over a respiration period.” [0047]).
Therefore, based on Buchwald’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Towe to employ the primary device that is configured to: generate a constant or varying frequency tone or signal using phase locked loop (PLL) or other circuitry, controlled by a system comprising the primary device; drive, via a reflectometer circuity of the primary device, the antenna of the primary device to emit the constant or varying frequency tone or signal as incident waves emitted by the antenna of the primary device; near-field couple the antenna of the primary device and the resonant antenna of the secondary device; and detect and measure, by the reflectometer circuit and circuitry associated therewith, a ratio of incident and reflected power, and a reflection coefficient therefor, the changes in the reflection coefficient corresponding to the analog physiological signal of interest from the secondary device, as taught by Buchwald, in order to improve the physiological signal detection. In the invention of Towe and Buchwald, the resonant antenna is the resonant antenna of the secondary device and the analog physiological signal of interest is the analog physiological signal of interest from the secondary device.
Regarding claim 15, Towe modified by Buchwald teaches the system of claim 14, wherein Towe teaches that the secondary device is configured to:
generate the analog physiological signal of interest via electrode connections or other connection to a patient (“FIG. 4 shows the remotely demodulated signal using two silver silver-chloride surface electrodes attached to the human chest and the roughly 1 mV detected ECG biopotential used as V1 as in FIG. 1.” [0089]) and a resonant circuit of the secondary device configured to directly modulate an impedance of or otherwise directly modulate the tuning of the resonant antenna of the secondary device so as to correlate to the analog physiological signal of interest (“an apparatus of electronic components constituting a device such that a voltage variable capacitive reactance is coupled to an inductance forming a resonant circuit, wherein low level analog electrical potentials from high impedance bioelectrical or biosensor sources applied to this circuit will vary the said capacitive reactance and so change the resonance of said circuit in proportion to the amplitude of the analog waveform envelope.” [0026]; “FIG. 1. Schematic of the passive biotelemetry system. V1 models the input signal originating from biopotentials or biosensors. R1 is an isolating resistance and D1 and D2 represent back-to-back connected varactor diodes used as variable capacitances. L1 is the inductor forming a resonant circuit and also serves as an antenna.” [0063]); and
modulate the impedance of or otherwise modulate the tuning of the resonant antenna of the secondary device (“remotely demodulated” [0089]) so as to correlate to the analog physiological signal of interest and to influence the electromagnetic environment and the tuning of the antenna of the primary device (“the telemetry device employs a pair of varactor diodes in a half-bridge configuration and a miniature inductor to form a resonant circuit. An external RF exciter pumps energy into this system which the circuit then re-radiates on a different harmonic frequency. Electrical signals originating from high impedance sources such as biopotential electrodes or miniature chemical or physical sensors, are applied to the voltage variable capacitors” [0077]. “FIG. 4 shows the remotely demodulated signal using two silver silver-chloride surface electrodes attached to the human chest and the roughly 1 mV detected ECG biopotential used as V1 as in FIG. 1.” [0089]).
Regarding claim 17, Towe teaches a system (“The system” [0044]) to wirelessly transfer data from an electrocardiogram (ECG) device to a primary device (“Exemplary embodiments of the invention demonstrate the ability to wirelessly telemeter bioelectrical and biosensor signals using a passive resonant circuitry approach that provides the capabilities of impedance transformation, modulation, and radio transmission in a very simple circuitry approach suited to very small package sizes and so minimally invasive.” [0009]; “applying the signal through a transistor to modulate the resonance of a tuned circuit in an amplitude-proportional way. The analog signal could then be recovered at a remote base station.” [0015]; “The sensor information could be used, for example to: (1) monitor the heart ECG and potentially transmit other neuroelectrical waveforms;” [0039]; “biotelemetry exciter-receiver… antennas” [0044]), the system comprising:
circuitry and an antenna/primary coil (“biotelemetry exciter-receiver… antennas” [0044]) configured to wirelessly receive an analog physiological signal of interest from the ECG device (“The sensor information could be used, for example to: (1) monitor the heart ECG and potentially transmit other neuroelectrical waveforms;” [0039]), the antenna being coupled in near-field ("The process of reflected impedance occurs at frequencies that are approximately below about 30 MHz where coupling between the base transmitter and remote unit are mostly inductive." [0011]; “several centimeter range” [0040]), and not via RF backscatter (“A variation on this process that is often used at higher frequencies above about 30 MHz and upward into the microwave frequency region is known as the backscatter approach" [0011]; “modulate reflected impedance” [0015]. Note that a backscatter is a variation that is used at higher frequencies while at lower frequencies the coupling is “mostly inductive." [0011]), with a resonant antenna of the ECG device (“FIG. 4 shows an ECG used as a sensor test signal telemetered over a half-meter distance by using this approach with a 1.5 cm antenna.” [0041]. “This is sufficient for transmitting the short distance through the body to a surface worn readout. The inventors envision a very low power worn biotelemetry exciter-receiver that requires minimal power dissipation... The system might also take good advantage of antennas woven into the fabric of uniforms and clothes” [0044]), and the ECG device having circuitry configured to vary an impedance of or otherwise vary a tuning of the resonant antenna of the ECG device so as to influence an electromagnetic environment or a tuning of the antenna of the primary device (“applying the signal through a transistor to modulate the resonance of a tuned circuit in an amplitude-proportional way. The analog signal could then be recovered at a remote base station.” [0015]; “an apparatus of electronic components constituting a device such that a voltage variable capacitive reactance is coupled to an inductance forming a resonant circuit, wherein low level analog electrical potentials from high impedance bioelectrical or biosensor sources applied to this circuit will vary the said capacitive reactance and so change the resonance of said circuit in proportion to the amplitude of the analog waveform envelope.” [0026]; “FIG. 1. Schematic of the passive biotelemetry system. V1 models the input signal originating from biopotentials or biosensors. R1 is an isolating resistance and D1 and D2 represent back-to-back connected varactor diodes used as variable capacitances. L1 is the inductor forming a resonant circuit and also serves as an antenna.” [0063]), the change in electromagnetic environment being detected by the circuitry within the primary device and corresponding to the analog physiological signal of interest from the ECG device, wherein the primary device comprises circuitry and one or more antenna configured to probe the electromagnetic environment and measure changes in the electromagnetic environment corresponding to the analog physiological signal of interest from the ECG device (“the use of resonant coupling techniques for transmission of analog information has not yet been explored. Sensors are known whereby the measured parameter, such as pressure or temperature, directly affects the tuning of the resonant circuit usually by the change of a physical parameter such as capacitor plate spacing with pressure, and hence can modulate reflected impedance … in an analog proportional way…For example, Towe in 1986 demonstrated a resonant coupling method of electrocardiogram (ECG) telemetry by using high impedance preamplifiers to boost the 1 millivolt ECG to about 500 millivolts and then applying the signal through a transistor to modulate the resonance of a tuned circuit in an amplitude-proportional way.” [0015]. “V1 models the input signal originating from biopotentials or biosensors. R1 is an isolating resistance and D1 and D2 represent back-to-back connected varactor diodes used as variable capacitances. L1 is the inductor forming a resonant circuit and also serves as an antenna.” [0063]).
Towe does not teach that the primary device is a magnetic resonance imaging (MRI) machine, the system comprising:
circuitry and an antenna/primary coil of the MRI machine configured to wirelessly receive an analog physiological signal of interest from the ECG device, the antenna of the MRI machine being coupled in near-field with a resonant antenna of the ECG device; the change in electromagnetic environment being detected by the circuitry within the MRI machine, wherein the MRI machine comprises circuitry and one or more antenna configured to probe the electromagnetic environment and measure changes in the electromagnetic environment corresponding to the analog physiological signal of interest from the ECG device.
However, in the medical systems field of endeavor, Buchwald discloses MRI system comprising patient motion sensor and signal processing method, which is analogous art. Buchwald teaches that the primary device is a magnetic resonance imaging (MRI) machine (“An MRI system includes … a motion sensor for sensing motion of the patient during imaging.” [0010]), the system comprising:
circuitry and an antenna/primary coil of the MRI machine (18) (18a, 18b) configured to wirelessly receive an analog physiological signal of interest (“detect a patient motion” [0010]; “a respiration signal” [0032]), the antenna of the MRI machine (“a coupling loop” [0010]; “the coupling loop” [0032]) being coupled in near-field with a resonant antenna (16) (16a, 16b) (“the SRS coil” [0010]; “The coupling loop 18 is inductively coupled to the SRS coil 36, or other resonant coil 16.” [0055]; Figs. 1-5);
the change in electromagnetic environment being detected by the circuitry within the MRI machine, wherein the MRI machine comprises circuitry and one or more antenna configured to probe the electromagnetic environment and measure changes in the electromagnetic environment corresponding to the analog physiological signal of interest (“An MRI system includes … a motion sensor for sensing motion of the patient during imaging. The motion sensor includes a self-resonant spiral (SRS) coil and a coupling loop inductively coupled to the SRS coil and configured to generate a drive RF signal to excite the SRS coil and receive a reflection RF signal from the SRS coil. The motion sensor is located such that at least a portion of the patient's torso is within the magnetic field while the patient is being imaged in the bore. A controller is configured to detect a patient motion based on changes in the reflection RF signal.” [0010]; “the coupling loop is configured to generate a drive RF signal to excite the resonant coil to radiate a magnetic field having a predefined resonant frequency, and the coupling loop also receives a reflection RF from the resonant coil. Based on the reflection RF signal, a respiration signal can be derived. For example, the respiration signal may be determined based on changes in a reflection coefficient (S11) of the resonant coil over time.” [0032]. “Each motion sensor 11a, 11b includes a resonant coil 16a, 16b and a corresponding coupling loop 18a, 18b. Each coupling loop 18a, 18b is configured to generate a drive RF signal to excite the corresponding resonant coil 16a, 16b to radiate a magnetic field having a predefined resonant frequency. The coupling loop 18a, 18b is further configured to receive a reflection RF signal from the corresponding resonant coil 16a, 16b.” [0045]; “this change is detected by measuring the reflection coefficient (S11) of the RF source power emitted by the coupling loop 18a, 18b into the resonant coil 16a, 16b. The reflection coefficient S11 represents how much power is reflected from the resonant coil 16a, 16b, which will be impacted by the changes in absorption by the patient due to respiration. Accordingly, a respiration signal can be determined based on changes in the reflection coefficient over a respiration period.” [0047]; Figs. 1-5).
Therefore, based on Buchwald’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Towe to vary an impedance of or otherwise vary a tuning of the resonant antenna of the secondary device so as to influence an electromagnetic environment or tuning of the antenna of the primary device, the change in electromagnetic environment being detected by the circuitry within the primary device and corresponding to the analog physiological signal of interest from the secondary device, as taught by Buchwald, in order to improve the physiological signal detection. In the invention of Towe and Buchwald, circuitry and an antenna/primary coil of the MRI machine configured to wirelessly receive an analog physiological signal of interest from the ECG device, the antenna of the MRI machine being coupled in near-field with a resonant antenna of the ECG device, and changes in the electromagnetic environment corresponding to the analog physiological signal of interest from the ECG device.
Regarding claim 18, Towe modified by Buchwald teaches the system of claim 17, wherein Towe teaches that the analog physiological signal of interest comprises an electrical QRS signal or electrocardiogram (ECG) waveform (“FIG. 4 shows an ECG used as a sensor test signal telemetered over a half-meter distance by using this approach with a 1.5 cm antenna.” [0041]), wherein the secondary device comprises an ECG device or ECG patch with electrode connections to a patient (“In exemplary embodiments, voltage variable capacitance devices such as varactor diodes exhibit a desirably high input impedance to electrical signals in the frequency ranges below about 100 kHz. This provides a minimal loading on biopotential electrodes or on sensors producing an electrical signal.” [0032]) and a resonant circuit configured to directly modulate an impedance of or otherwise directly modulate the tuning of the resonant antenna of the secondary device so as to correlate to the ECG waveform (“applying the signal through a transistor to modulate the resonance of a tuned circuit in an amplitude-proportional way. The analog signal could then be recovered at a remote base station.” [0015]; “an apparatus of electronic components constituting a device such that a voltage variable capacitive reactance is coupled to an inductance forming a resonant circuit, wherein low level analog electrical potentials from high impedance bioelectrical or biosensor sources applied to this circuit will vary the said capacitive reactance and so change the resonance of said circuit in proportion to the amplitude of the analog waveform envelope.” [0026]; “FIG. 1. Schematic of the passive biotelemetry system. V1 models the input signal originating from biopotentials or biosensors. R1 is an isolating resistance and D1 and D2 represent back-to-back connected varactor diodes used as variable capacitances. L1 is the inductor forming a resonant circuit and also serves as an antenna.” [0063]).
Regarding claim 19, Towe modified by Buchwald teaches the system of claim 18, wherein Towe teaches that the ECG device is free from electrical interconnection with the primary device and is configured so as to permit wireless data transfer of the analog physiological signal of interest from the ECG device to the primary device without the ECG device using a radio frequency (RF) transmitter (“Exemplary embodiments of the invention demonstrate the ability to wirelessly telemeter bioelectrical and biosensor signals using a passive resonant circuitry approach that provides the capabilities of impedance transformation, modulation, and radio transmission in a very simple circuitry approach suited to very small package sizes and so minimally invasive.” [0009]; “ the small voltage V1 applied across the resonant circuit varies the baseline capacitance of the series diodes and hence vary the system fundamental resonant frequency.” [0080]. “Changes in voltage across the varactor affects the frequency of both the fundamental resonance as well as the radiated harmonics. Even microvolt level signals can modulate the varactor diode capacitance to a remotely detectable degree by using conventional radio demodulation techniques ...Varactor-based L-C circuits are tunable to specific resonant frequencies.” [0083]).
Towe does not teach that the primary device is the MRI machine.
However, in the medical systems field of endeavor, Buchwald discloses MRI system comprising patient motion sensor and signal processing method, which is analogous art. Buchwald teaches the primary device is the MRI machine (100) (“An MRI system includes … a motion sensor for sensing motion of the patient during imaging.” [0010]; Figs. 1-2).
Therefore, based on Buchwald’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Towe to have the primary device that is the MRI machine, as taught by Buchwald, in order to improve the physiological signal detection.
Regarding claim 20, Towe modified by Buchwald teaches the system of claim 19, wherein Towe teaches that the ECG device is powered by a battery and/or photovoltaic cell/solar and/or power harvesting from RF/gradient power from the MRI machine and/or power harvesting from the antenna/primary coil of the MRI machine (“a remote unit is of an electrically passive design containing no batteries and deriving its power needs from the incoming radio frequency carrier wave. This allows the manufacture of biopotential communication devices that have small size and potentially long lifetimes. Since there are no batteries to wear out, they are suited to tasks such as wireless telemetry of bioelectrical and sensor data from small physical or chemical sensors implanted in the body of humans or other living things.” [0069]).
Claims 7 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Towe (US20100198039), hereinafter Towe, in view of Buchwald et al (US 20220361767), hereinafter Buchwald, as evidenced by GeeksforGeeks (Varactor Diode Last Updated: 12 Jan, 2024; https://www.geeksforgeeks.org/varactor-diode/).
Regarding claim 7, Towe modified by Buchwald teaches the method of claim 6, wherein Towe teaches that modulating the impedance of or otherwise modulating the tuning of the resonant antenna of the secondary device comprises biasing a variable impedance circuit element or a varactor or varicap diode of the resonant circuit of the secondary device to provide a variable capacitance that is controlled by a reverse bias voltage, the reverse bias voltage being driven to correlate to the physiological signal of interest (“a voltage-variable capacitor…, a voltage variable capacitance” Abstract; “a method comprises generating a bias voltage needed for the proper electrical operating point of the variable capacitance by summing the bioelectrical or biosensor input signal with an electrical offset potential. This offset potential may be generated by a small conventional small on-device battery or by dissimilar metals constituting the two biopotential electrodes used to detect the bioelectrical signal. The said bias voltage naturally results from the use of electrode metals having dissimilar half-cell potentials.” [0051]; “this invention may employ a bias voltage level in the range of 0 to 1 volt placed electrically across the said voltage variable capacitances. This bias voltage level may be useful in establishing the operating point of voltage variable capacitances, such as certain varactor diodes, as required by their construction and manufacture. This bias voltage level may be conveniently obtained using the offset potential of two dissimilar metals used as biopotential electrodes as is known to electrochemists or may be obtained by a small battery in series with the electrodes. [0055]. The bias is a reverse bias, as evidenced by GeeksforGeeks: “A varactor diode, also known as a Varicap or volt-cap, is a type of PN junction diode primarily utilized in the reverse-biased mode. It is a device whosecapacitance varies with the variation in the applied reverse bias potential. Theterm "Varicap" originates from the fusion of the words "variable" and "capacitor."” Page 1).
Regarding claim 16, Towe modified by Buchwald teaches the system of claim 15, wherein Towe teaches that modulating the impedance of or otherwise modulating the tuning of the resonant antenna of the secondary device comprises biasing a variable impedance circuit element or a varactor or varicap diode of the resonant circuit of the secondary device to provide a variable capacitance that is controlled by a reverse bias voltage, the reverse bias voltage being driven to correlate to the physiological signal of interest (“a voltage-variable capacitor…, a voltage variable capacitance” Abstract; “a method comprises generating a bias voltage needed for the proper electrical operating point of the variable capacitance by summing the bioelectrical or biosensor input signal with an electrical offset potential. This offset potential may be generated by a small conventional small on-device battery or by dissimilar metals constituting the two biopotential electrodes used to detect the bioelectrical signal. The said bias voltage naturally results from the use of electrode metals having dissimilar half-cell potentials.” [0051]; “this invention may employ a bias voltage level in the range of 0 to 1 volt placed electrically across the said voltage variable capacitances. This bias voltage level may be useful in establishing the operating point of voltage variable capacitances, such as certain varactor diodes, as required by their construction and manufacture. This bias voltage level may be conveniently obtained using the offset potential of two dissimilar metals used as biopotential electrodes as is known to electrochemists or may be obtained by a small battery in series with the electrodes. [0055]. The bias is a reverse bias, as evidenced by GeeksforGeeks: “A varactor diode, also known as a Varicap or volt-cap, is a type of PN junction diode primarily utilized in the reverse-biased mode. It is a device whosecapacitance varies with the variation in the applied reverse bias potential. Theterm "Varicap" originates from the fusion of the words "variable" and "capacitor."” Page 1).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Towe and Buchwald as applied to claim 1, and further in view of Fong-Ichimura et al (US 20090048506), hereinafter Fong-Ichimura.
Regarding claim 8, Towe modified by Buchwald and Deng teaches the method of claim 1.
Towe as modified by Buchwald and Deng does not teach that the analog physiological signal of interest comprises a signal generated in response to a squeeze bulb that is triggered by a patient squeezing the squeeze bulb.
However, in the medical imaging field of endeavor, Fong-Ichimura discloses a method and system for assessing brain function using functional magnetic resonance imaging, which is analogous art. Fong-Ichimura teaches that the analog physiological signal of interest comprises a signal generated in response to a squeeze bulb that is triggered by a patient squeezing the squeeze bulb (“The patient will have a hand piece 238 to indicate that they have performed a certain task. Many different hand pieces may work, such as a fiber optic pad which transmits a touch signal to a sensor and then to the computer interface, or a squeeze bulb and tubing which transfers a pressure pulse to a pressure sensor outside of the fMRI scanning environment which transmits an electronic signal to the computer interface. These hand pieces 238 may be constructed out of plastic, rubber, glass, etc. so as to not adversely affect the fMRI scans or be affected by the magnetic fields.” [0152]).
Therefore, based on Fong-Ichimura’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combined invention of Towe and Buchwald to have the analog physiological signal of interest that comprises a signal generated in response to a squeeze bulb that is triggered by a patient squeezing the squeeze bulb, as taught by Fong-Ichimura, in order to facilitate functional magnetic resonance imaging.
Response to Arguments
Applicant's arguments filed 07/03/2025 have been fully considered but are not persuasive.
Response to the 35 U.S.C. §103 rejection arguments on pages 10-14 of the REMARKS.
Claims 1-20
The Applicant argues that “Whether or not Towe recites that the coupling is sufficient for transmitting a short distance, this is not equivalent to near-field coupling, as understood by one skilled in the art and in view of amended claims 1, 10, and 17” (Page 11). The Examiner respectfully disagrees and notes that Towe teaches the antenna being coupled in near-field ("The process of reflected impedance occurs at frequencies that are approximately below about 30 MHz where coupling between the base transmitter and remote unit are mostly inductive." [0011]; “several centimeter range” [0040]), and not via RF backscatter (“A variation on this process that is often used at higher frequencies above about 30 MHz and upward into the microwave frequency region is known as the backscatter approach" [0011]; “modulate reflected impedance” [0015]. Note that a backscatter is a variation that is used at higher frequencies while at lower frequencies the coupling is “mostly inductive." [0011]). The secondary reference of Buchwald discloses a near field coupling as well, as stated in the rejection above. Additionally, the Applicant’s approach is also based on detecting reflection RF signal (Specification [0052]), which appears to be similar to that of the Towe’s disclosure (for example, Towe: “reflected impedance” [0015]). The Applicant argues that “Whether or not Towe recites that the coupling is sufficient for transmitting a short distance, this is not equivalent to near-field coupling, as understood by one skilled in the art and in view of amended claims 1, 10, and 17” (Page 12). The Examiner respectfully disagrees and notes that Towe teaches the secondary device that includes a resonant loop (“inductive loop forming a resonant circuit." [0085]) electrically coupled to a tuned LC circuit (“Varactor-based L-C circuits are tunable to specific resonant frequencies." [0083] “Biopotentials applied to the time varying capacitor shift its base capacitance and so this modulates the current flow in a companion inductive loop forming a resonant circuit." [0085]), The dependent claims are not allowable because the independent claims are not allowable and because additional secondary references meet additional limitations of the dependent claims as stated in the rejections above.
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 extension fee 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 ALEXEI BYKHOVSKI whose telephone number is (571)270-1556. The examiner can normally be reached on Monday-Friday: 8:30am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pascal Bui Pho can be reached on 571-272-2714. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEXEI BYKHOVSKI/
Primary Examiner, Art Unit 3798
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