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 .
Specification
The disclosure is objected to because of the following informalities:
In [0004], “a pressure of the cuff is increased until the pressure is greater than a systolic blood pressure to block a blood flow of an arterial” should read “a pressure of the cuff is increased until the pressure is greater than a systolic blood pressure to block a blood flow of an artery”.
Appropriate correction is required.
Claim Objections
Claim 10 is objected to because of the following informalities:
In Claim 10, “wherein the processor generates the third informations of the harmonics as follow” should read “wherein the processor generates the third informations of the harmonics as follows”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-11 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The phrases “first information”, “second information”, and “third information” are recited in Claims 1-4 and 7-10, referring to different informations of the harmonics of the blood pressure wave. The specification recites “the processor 130 can perform Fourier transform on the pulse wave signal which is obtained by the sensor 110 sensing the blood pressure wave, so as to generate information of the harmonics of the blood pressure wave, including frequency, amplitude, phase, etc., for use in pulse diagnosis of traditional Chinese medicine” in [0012]. While frequency and amplitude are labeled as information, the claim language is to a broad genus while the specification only names a species. Furthermore, the drawings to not clarify what information(s) the applicant is intending to claim. Therefore, it is unclear if the applicant has possession of the broadest reasonable interpretation of the claim language at the time the invention was filed.
Claims 2-6 and 8-11 are rejected by virtue of dependence on Claims 1 and 7, respectively.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-11 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) as a whole, considering all claim elements both individually and in combination, do not amount to significantly more than an abstract idea. An analysis of claim 1 follows.
Regarding Claim 1, the claim recites a pulse diagnosis measurement method. Thus, the claim is directed to a process, which is one of the statutory categories of invention (Step 1).
The claim is then analyzed to determine whether it is directed to any judicial exception (Step 2A, Prong One). The following limitations set forth a judicial exception:
calculating... a mean arterial pressure of an organism based on a systolic blood pressure and a diastolic blood pressure of the organism
generating...a plurality of first informations of a plurality of harmonics of the blood pressure wave based on the first pulse wave signal in the first time period
These limitations describe a mathematical calculation and/or a mental process as the skilled artisan is capable of performing the recited limitations and making a mental assessment thereafter. Examiner also notes that nothing from the claims suggest that the limitations cannot be practically performed by a human with the aid of a pen and paper, or using a generic computer as a tool to perform mathematical calculations and/or mental process steps in real time. Examiner also notes that nothing from the claims suggests an undue level of complexity that the mathematical calculations and/or the mental process steps cannot be practically performed by a human with the aid of a pen and paper, or using a generic computer as a tool to perform mathematical calculations and/or mental process steps.
For example:
A human is capable of manually/mentally calculating a mean arterial pressure of an organism based on a systolic blood pressure and a diastolic blood pressure of the organism, e.g. by using a mathematical calculation that can be performed by a human with the aid of a pen and paper, or using a generic computer as a tool to perform mathematical calculations and/or mental process steps in real time.
“Generating a plurality of first informations of a plurality of harmonics of the blood pressure wave based on the first pulse wave signal in the first time period” is a mental process that can be performed by a human with the aid of a pen and paper, or using a generic computer as a tool to perform mathematical calculations and/or mental process steps in real time.
Next, the claim as a whole is analyzed to determine whether any element, or combination of elements, integrates the identified judicial exception into a practical application (Step 2A, Prong Two).
The following limitations amount to insignificant extra-solution activity to the judicial exception, e.g. mere data gathering. See MPEP 2106.05(g).
sensing, by a sensor, a blood pressure wave of the organism in a first time period to generate a first pulse wave signal
applying a pressure onto a pulse location of the organism and adjusting the applied pressure to a first pressure value in a pressure interval using a pulse-holding device, wherein the pressure interval is between the diastolic blood pressure and the mean arterial pressure
The following limitations amount to a recitation of the words "apply it" (or an equivalent)and/or nothing more than mere instructions to implement the abstract idea on a generic computer. See MPEP 2106.05(f).
... by a processor...
Therefore, these additional limitations do not integrate the judicial exception into a practical application.
Next, the claim as a whole is analyzed to determine whether any element, or combination of elements, amounts to significantly more than the identified judicial exception (Step 2B):
The following limitations do not amount to significantly more than the abstract idea for substantially similar reasons applied in Step 2A, Prong Two.
sensing, by a sensor, a blood pressure wave of the organism in a first time period to generate a first pulse wave signal
applying a pressure onto a pulse location of the organism and adjusting the applied pressure to a first pressure value in a pressure interval using a pulse-holding device, wherein the pressure interval is between the diastolic blood pressure and the mean arterial pressure
... by a processor...
The following limitations is/are considered to be well-understood, routine, and conventional (WURC).
The sensor and the pulse holding device are considered to be well-understood, routine, and conventional based on statement from the applicant's specification filed 2/21/2024 (“For example, the pulse-holding device 120 may be a cuff. When the pulse location is a wrist, an arm, a finger or a neck, the cuff can enclose the pulse to apply a pressure. In one embodiment, the sensor 110 is a pressure sensor, and the pulse-holding device 120 is an inflatable cuff or bag. The pulse-holding device 120 can adjust the pressure on the pulse location by inflating and deflating, and the sensor 110 is connected to the pulse-holding device 120 to sense the changes of the internal air pressure of the pulse-holding device 120 caused by sensing pulse beats. The operation of this type of pneumatic pulse-holding device is well known to those skilled in the art, and the details will not be described here”, [0011]).
Independent Claim 7 is also not patent eligible for substantially similar reasons as it recites the same abstract idea(s) and additional element(s) as Claim 1 but as an apparatus-type claim.
Dependent Claims 2-5 and 8-11 also fail to add subject matter qualifying as significantly more to the abstract independent claims as they merely further limit the abstract idea.
Dependent Claims 2, 6, 8-10 also fail to add subject qualifying as significantly more to the abstract independent claims as they recite limitations that do not integrate the claims into a practical application for substantially similar reasons as set forth above.
Dependent Claims 2, 6, 8-10 also fail to add subject matter integrating the judicial exception or qualifying as significantly more to the abstract independent claims as they do not recite significantly more than the identified abstract idea for substantially similar reasons as set forth above.
Therefore, Claims 1-11 are not patent eligible under 35 U.S.C. § 101.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claims 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over Kuo (US 20190374112 A1, hereinafter Kuo) in view of Hersh et al (US 20090209868 A1, hereinafter Hersh).
Regarding Claim 1, Kuo discloses a pulse diagnosis measurement method (See Figs. 6 and 8), comprising the following steps:
sensing, by a sensor (Element 110, Fig. 1/Element 510, Fig. 5), a blood pressure wave of the organism in a first time period (“Then, in a time interval T (e.g., within that a blood pressure is measured), a Fourier analysis is performed on a plurality of blood pressure wave sequences measured in each t consecutive seconds”, [0051]) to generate a first pulse wave signal (Step 610, Fig. 6; “The sensing device 510 senses the blood pressure wave according to the most suitable pressure value, to generate a second pulse signal”, [0041]), after applying a pressure onto a pulse location of the organism (Step 602, Fig. 6) and adjusting the applied pressure to a first pressure value in a pressure interval using a pulse-holding device (Step 608, Fig. 6; “The processing device 530 continues adjusting the pressure of the pulse-holding device 520 until the pulse pressure is not increased, at which time the pressure has a most suitable pressure value”, [0040]), wherein the pressure interval is between the diastolic blood pressure and the mean arterial pressure (“the present invention provides an example for another pulse diagnosis measurement device, which may dynamically adjust a pressure of the pulse-holding device to change a resonance condition during a measurement process, to match a blood pressure wave and its harmonics to be measured, so as to achieve a better measurement result”, [0031]; this corresponds to the applicant’s specification in [0026], which teaches that any pressure value in the pressure interval between the diastolic blood pressure and the mean arterial pressure, will create the appropriate resonance conditions, and will have more accurate pulse diagnosis information than the blood pressure wave generated in the previous measurement state that has not reached the pressure interval); and
generating, by a processor (Element 130, Fig. 1/Element 530, Fig. 5), a plurality of first informations of a plurality of harmonics (See Figs. 2-3; “a Fourier analysis is performed on the blood pressure wave, and harmonic amplitudes An and harmonic phase differences en of 10 integer harmonics (fn, n=1, 2, 3, 4, 5, 6, 7, 8, 9, 10) above a fundamental frequency fl (inclusive) are obtained”, [0043]) of the blood pressure wave based on the first pulse wave signal in the first time period (Step 806, Fig. 8; “Perform a Fourier analysis on the blood pressure wave to obtain a harmonic amplitude and a harmonic phase difference of at least one harmonic of the blood pressure wave”, [0061]).
Kuo discloses the claimed invention except for expressly disclosing calculating, by a processor, a mean arterial pressure of an organism based on a systolic blood pressure and a diastolic blood pressure of the organism.
However, Hersh, which is also directed towards a pulse diagnostic method wherein information on a plurality of harmonics of a blood pressure wave is generated (See Fig. 3) teaches calculating, by a processor (Element 16, Fig. 1), a mean arterial pressure of an organism (See Fig. 2; “The cuff pressure data as measured by the pressure transducer 26, including the oscillometric pulses, is provided to the processing unit 16 such that the cuff pressure data may be processed and analyzed and a determination of the patient's blood pressure, including systolic pressure, diastolic pressure and MAP can be displayed to a clinician on a display 30”, [0021]; see Claim 9) based on a systolic blood pressure and a diastolic blood pressure of the organism (“The relationships of oscillation amplitude at systolic and diastolic pressures, respectively, to the maximum value at MAP are empirically derived ratios depending on the preferences of those of ordinary skill in the art”, [0004]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the calculation of a mean arterial pressure to the processor configuration of Kuo, because all of the claimed elements (e.g., the mean arterial pressure as a useful parameter) were known in the prior art related to blood pressure signal analysis before the effective filing date of the claimed invention, and one with ordinary skill in the art could have combined all the claimed elements by known methods, and the result would have been obvious to one of ordinary skill in the art.
Regarding Claim 2, modified Kuo discloses the pulse diagnosis measurement method according to claim 1, further comprising the following steps:
sensing, by the sensor, the blood pressure wave of the organism in a second time period to generate a second pulse wave signal (Step 610, Fig. 6; [0051] shows that sensing the blood pressure wave happens more than once, and [0032]-[0034] show adjustments can happen more than once; therefore, step 610 can also happen in a cyclic manner and more than once for different harmonics), after adjusting the applied pressure to a second pressure value in the pressure interval using the pulse-holding device (Step 608, Fig. 6; “the present invention provides an example for another pulse diagnosis measurement device, which may dynamically adjust a pressure of the pulse-holding device to change a resonance condition during a measurement process”, [0031]; [0032] and [0034] show that the adjustments are dynamic, which means step 608 can happen in a cyclic manner and more than once for different harmonics), wherein the second pressure value is greater than the first pressure value (“During the measurement process, the processing device 530 continuously increases the pressure of the pulse-holding device 520”, [0032]); and
generating, by the processor, a plurality of second informations of the harmonics of the blood pressure wave based on the second pulse wave signal in the second time period (“Then, in a time interval T (e.g., within that a blood pressure is measured), a Fourier analysis is performed on a plurality of blood pressure wave sequences measured in each t consecutive seconds (a preferred value of t is 6). Accordingly, harmonic amplitudes A(½n) and harmonic phase differences θ(½n) of 10 fractional harmonics f(½n) (n=1, 2, 3, 4, 5, 6, 7, 8, 9, 10) below the fundamental frequency fl are obtained”, [0051]).
Regarding Claim 3, modified Kuo discloses the pulse diagnosis measurement method according to claim 2, further comprising the following step:
generating, by the processor, a plurality of third informations of the harmonics based on the first informations and the second informations of the harmonics of the blood pressure wave (“the heart rate HR, the harmonic amplitudes An and the harmonic phase differences en are averaged respectively to obtain means and standard deviations (SDs)”, [0044]).
Regarding Claim 4, modified Kuo discloses the pulse diagnosis measurement method according to claim 3, wherein the step of generating the third informations of the harmonics includes:
selecting the second information of a first one of the harmonics as the third information of the first one of the harmonics (“After the pressure of the pulse-holding device 520 is finely adjusted, the resonance of the pulse-holding device 520 with the harmonic is improved and a better measurement result is obtained. For example, when performing a Fourier transform on the measured blood pressure wave, it is observed that an amplitude of a specific harmonic becomes larger or an area covered by a waveform of at least one cycle of the specific harmonic becomes larger”, [0034]) when a frequency of the first one of the harmonics is greater than a specific multiple of a fundamental frequency of the blood pressure wave (“For example, when the frequency of the harmonic is higher than the fundamental frequency of the blood pressure wave, the pressure of the pulse-holding device 520 is increased in according to the fine-tuned value to measure the harmonic”, [0034]; this includes harmonic frequencies higher than a specific multiple of the blood pressure wave); and
selecting the first information of a second one of the harmonics as the third information of the second one of the harmonics (“After the pressure of the pulse-holding device 520 is finely adjusted, the resonance of the pulse-holding device 520 with the harmonic is improved and a better measurement result is obtained. For example, when performing a Fourier transform on the measured blood pressure wave, it is observed that an amplitude of a specific harmonic becomes larger or an area covered by a waveform of at least one cycle of the specific harmonic becomes larger”, [0034]) when the frequency of the second one of the harmonics is not greater than the specific multiple of the fundamental frequency of the blood pressure wave (“For example, when the frequency of the harmonic is higher than the fundamental frequency of the blood pressure wave, the pressure of the pulse-holding device 520 is increased in according to the fine-tuned value to measure the harmonic”, [0034]; this includes harmonic frequencies between the fundamental frequency of the blood pressure wave and a specific multiple of the blood pressure wave).
Regarding Claim 5, modified Kuo discloses the pulse diagnosis measurement method according to claim 1, wherein when the diastolic blood pressure is less than a specific value, the pressure interval is between the specific value and the mean arterial pressure. However, Kuo teaches the purpose of this pressure interval to be to change a resonance condition (“the present invention provides an example for another pulse diagnosis measurement device, which may dynamically adjust a pressure of the pulse-holding device to change a resonance condition during a measurement process, to match a blood pressure wave and its harmonics to be measured, so as to achieve a better measurement result”, [0031]; this corresponds to the applicant’s specification in [0026], which teaches that any pressure value in the pressure interval between the diastolic blood pressure and the mean arterial pressure, will create the appropriate resonance conditions, and will have more accurate pulse diagnosis information than the blood pressure wave generated in the previous measurement state that has not reached the pressure interval) and that some pressures are too small to form a resonance (“The harmonics are difficult to be measured accurately, if one of the following situations happens: the pressure is too small to form a resonance”, [0031]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Kuo include a minimum specific value (i.e., when the diastolic blood pressure is less than a specific value, the pressure interval is between the specific value and the mean arterial pressure) that is the smallest possible value where resonance conditions can still be achieved.
Regarding Claim 6, modified Kuo discloses the pulse diagnosis measurement method according to claim 1, wherein previous to the step of calculating the mean arterial pressure of the organism, the following step is further included: measuring, by the pulse-holding device and the sensor, the systolic blood pressure and the diastolic blood pressure of the organism (“During the measurement process, the processing device 530 continuously increases the pressure of the pulse-holding device 520, and detects a maximum value and a minimum value of each blood pressure wave of the first pulse signal measured by the sensor device 510”, [0032]; this method step happening previous to calculating mean arterial pressure, which itself using systolic and diastolic pressure, would be obvious by routine experimentation and optimization of blood pressure measuring steps).
Regarding Claim 7, Kuo discloses a pulse diagnosis measurement device (Element 100, Fig. 1/Element 500, Fig. 5), comprising:
a processor (Element 130, Fig. 1/Element 530, Fig. 5);
a pulse-holding device (Element 120, Fig. 1/Element 520, Fig. 5) configured to apply a pressure onto a pulse location of the organism (Step 602, Fig. 6) and adjusting the applied pressure to a first pressure value (Step 608, Fig. 6; “The processing device 530 continues adjusting the pressure of the pulse-holding device 520 until the pulse pressure is not increased, at which time the pressure has a most suitable pressure value”, [0040]) in a pressure interval, wherein the pressure interval is between the diastolic blood pressure and the mean arterial pressure (“the present invention provides an example for another pulse diagnosis measurement device, which may dynamically adjust a pressure of the pulse-holding device to change a resonance condition during a measurement process, to match a blood pressure wave and its harmonics to be measured, so as to achieve a better measurement result”, [0031]; this corresponds to the applicant’s specification in [0026], which teaches that any pressure value in the pressure interval between the diastolic blood pressure and the mean arterial pressure, will create the appropriate resonance conditions, and will have more accurate pulse diagnosis information than the blood pressure wave generated in the previous measurement state that has not reached the pressure interval); and
a sensor (Element 110, Fig. 1/Element 510, Fig. 5) configured to sense a blood pressure wave of the organism in a first time period (“Then, in a time interval T (e.g., within that a blood pressure is measured), a Fourier analysis is performed on a plurality of blood pressure wave sequences measured in each t consecutive seconds”, [0051]) to generate a first pulse wave signal (Step 604, Fig. 6; “The sensing device 510 senses a blood pressure wave of the organism, to generate a first pulse signal”, [0038]), wherein the processor generates a plurality of first informations of a plurality of harmonics of the blood pressure wave based on the first pulse wave signal in the first time period (Step 806, Fig. 8).
Kuo discloses the claimed invention except for expressly disclosing wherein the processor is configured to calculate a mean arterial pressure of an organism based on a systolic blood pressure and a diastolic blood pressure of the organism.
However, Hersh, which is also directed towards a pulse diagnostic method wherein information on a plurality of harmonics of a blood pressure wave is generated (See Fig. 3) teaches wherein the processor (Element 16, Fig. 1) is configured to calculate a mean arterial pressure of an organism (See Fig. 2; “The cuff pressure data as measured by the pressure transducer 26, including the oscillometric pulses, is provided to the processing unit 16 such that the cuff pressure data may be processed and analyzed and a determination of the patient's blood pressure, including systolic pressure, diastolic pressure and MAP can be displayed to a clinician on a display 30”, [0021]; see Claim 9) based on a systolic blood pressure and a diastolic blood pressure of the organism (“The relationships of oscillation amplitude at systolic and diastolic pressures, respectively, to the maximum value at MAP are empirically derived ratios depending on the preferences of those of ordinary skill in the art”, [0004]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the calculation of a mean arterial pressure to the processor configuration of Kuo, because all of the claimed elements (e.g., the mean arterial pressure as a useful parameter) were known in the prior art related to blood pressure signal analysis before the effective filing date of the claimed invention, and one with ordinary skill in the art could have combined all the claimed elements by known methods, and the result would have been obvious to one of ordinary skill in the art.
Regarding Claim 8, modified Kuo discloses the pulse diagnosis measurement device according to claim 7, wherein after the pulse-holding device adjusts the applied pressure to a second pressure value in the pressure interval (Step 608, Fig. 6; “the present invention provides an example for another pulse diagnosis measurement device, which may dynamically adjust a pressure of the pulse-holding device to change a resonance condition during a measurement process”, [0031]; [0032] and [0034] show that the adjustments are dynamic, which means step 608 can happen in a cyclic manner and more than once for different harmonics), the sensor senses the blood pressure wave in a second time period to generate a second pulse wave signal (Step 610, Fig. 6; [0051] shows that sensing the blood pressure wave happens more than once, and [0032]-[0034] show adjustments can happen more than once; therefore, step 610 can also happen in a cyclic manner and more than once for different harmonics), and the processor generates a plurality of second informations of the harmonics of the blood pressure wave according to the second pulse wave signal in the second time period (“Then, in a time interval T (e.g., within that a blood pressure is measured), a Fourier analysis is performed on a plurality of blood pressure wave sequences measured in each t consecutive seconds (a preferred value of t is 6). Accordingly, harmonic amplitudes A(½n) and harmonic phase differences θ(½n) of 10 fractional harmonics f(½n) (n=1, 2, 3, 4, 5, 6, 7, 8, 9, 10) below the fundamental frequency fl are obtained”, [0051]), wherein the second pressure value is greater than the first pressure value (“During the measurement process, the processing device 530 continuously increases the pressure of the pulse-holding device 520”, [0032]).
Regarding Claim 9, modified Kuo discloses the pulse diagnosis measurement device according to claim 8, wherein the processor generates a plurality of third informations of the harmonics based on the first informations and the second informations of the harmonics of the blood pressure wave (“the heart rate HR, the harmonic amplitudes An and the harmonic phase differences en are averaged respectively to obtain means and standard deviations (SDs)”, [0044]).
Regarding Claim 10, modified Kuo discloses the pulse diagnosis measurement device according to claim 9, wherein the processor generates the third informations of the harmonics as follow:
when a frequency of a first one of the harmonics is greater than a specific multiple of a fundamental frequency of the blood pressure wave (“For example, when the frequency of the harmonic is higher than the fundamental frequency of the blood pressure wave, the pressure of the pulse-holding device 520 is increased in according to the fine-tuned value to measure the harmonic”, [0034]; this includes harmonic frequencies higher than a specific multiple of the blood pressure wave), select the second information of the first one of the harmonics as the third information of the first one of the harmonics (“After the pressure of the pulse-holding device 520 is finely adjusted, the resonance of the pulse-holding device 520 with the harmonic is improved and a better measurement result is obtained. For example, when performing a Fourier transform on the measured blood pressure wave, it is observed that an amplitude of a specific harmonic becomes larger or an area covered by a waveform of at least one cycle of the specific harmonic becomes larger”, [0034]); and
when the frequency of a second one of the harmonics is not greater than the specific multiple of the fundamental frequency of the blood pressure wave (“For example, when the frequency of the harmonic is higher than the fundamental frequency of the blood pressure wave, the pressure of the pulse-holding device 520 is increased in according to the fine-tuned value to measure the harmonic”, [0034]; this includes harmonic frequencies between the fundamental frequency of the blood pressure wave and a specific multiple of the blood pressure wave), select the first information of the second one of the harmonics as the third information of the second one of the harmonics (“After the pressure of the pulse-holding device 520 is finely adjusted, the resonance of the pulse-holding device 520 with the harmonic is improved and a better measurement result is obtained. For example, when performing a Fourier transform on the measured blood pressure wave, it is observed that an amplitude of a specific harmonic becomes larger or an area covered by a waveform of at least one cycle of the specific harmonic becomes larger”, [0034]).
Regarding Claim 11, modified Kuo discloses a pulse diagnosis measurement device according to claim 7, wherein when the diastolic blood pressure is less than a specific value, the pressure interval is between the specific value and the mean arterial pressure. However, Kuo teaches the purpose of this pressure interval to be to change a resonance condition (“the present invention provides an example for another pulse diagnosis measurement device, which may dynamically adjust a pressure of the pulse-holding device to change a resonance condition during a measurement process, to match a blood pressure wave and its harmonics to be measured, so as to achieve a better measurement result”, [0031]; this corresponds to the applicant’s specification in [0026], which teaches that any pressure value in the pressure interval between the diastolic blood pressure and the mean arterial pressure, will create the appropriate resonance conditions, and will have more accurate pulse diagnosis information than the blood pressure wave generated in the previous measurement state that has not reached the pressure interval) and that some pressures are too small to form a resonance (“The harmonics are difficult to be measured accurately, if one of the following situations happens: the pressure is too small to form a resonance”, [0031]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Kuo include a minimum specific value (i.e., when the diastolic blood pressure is less than a specific value, the pressure interval is between the specific value and the mean arterial pressure) that is the smallest possible value where resonance conditions can still be achieved.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
See Wang (US 5730138 A).
See Hersh et al (US 20110237962 A1).
See Chao (US 20170071823 A1) ([0022])
See Qasem (US 20210212575 A1).
See Chowienczyk et al (EP 2348974 B1)
See the Non-Patent Literature (NPL) to Papaioannou et al (“Mean arterial pressure values calculated using seven different methods and their associations with target organ deterioration in a single-center study of 1878 individuals”).
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/JONATHAN E. COOPER/Examiner, Art Unit 3791
/JACQUELINE CHENG/Supervisory Patent Examiner, Art Unit 3791
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