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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/15/2026 has been entered.
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 1-5, 7-9, 11-14, 17-23 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.
Regarding claim 1, the claim limitation “an emitted light receiver configured to measure a quantity of non-reflected light emitted in a straight line from the light emitter” in claim 1 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. Paragraphs [0093] and [0094] of the specification of the current application disclose the emitted light receiver configured to receive light that does not pass through the living body and fig. 7 shows the light emitter 21 and emitted light receiver 23, however, the specification and none of the figures do not explicitly state measuring a quantity of non-reflected light emitted in a straight line from the light emitter.
Claims 2-5, 7-9, 12-14 are rejected as they depend from rejected claim 1.
Regarding claim 11, the claim limitation “an emitted light receiver configured to measure a quantity of non-reflected light emitted in a straight line from the light emitter” in claim 16 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. Paragraphs [0093] and [0094] of the specification of the current application disclose the emitted light receiver configured to receive light that does not pass through the living body and fig. 7 shows the light emitter 21 and emitted light receiver 23, however, the specification and none of the figures do not explicitly state measuring a quantity of non-reflected light emitted in a straight line from the light emitter.
Claims 17-23 are rejected as they depend from rejected claim 11.
Response to Arguments
The previous prior art rejection has been withdrawn in view of Applicant’s amendments to claim 1 and remarks filed on 12/22/2025, pages 9-16.
Applicant's arguments filed 12/22/2025, pages 7-8, have been fully considered but they are not persuasive. In response to Applicant’s arguments that the specification and figure 7 do have support for claim limitation “an emitted light receiver configured to measure a quantity of non-reflected light emitted in a straight line from the light emitter” 1 and 11, the examiner respectfully disagrees. Paragraphs [0093] and [0094] of the specification of the current application disclose the emitted light receiver configured to receive light that does not pass through the living body, but the specifying does not recite “non-reflected light” and “straight line” and does not explicitly disclose that measuring a quantity of non-reflected light emitted in a straight line from the light emitter. Furthermore, the application argues that figures 7 shows non-reflected light emitted in a straight line, however, figure 7 merely shows an arrow toward photoelectric conversion layer 231B, but it is unclear if this light is straight line and non-reflected light. Figure 7 shows the emitter 21 which comprises a light emitting layer 213 and transmit light toward subject skin side and the reflected light after reflected from the subject and is detected by reflected light receiver 22. Furthermore, figure 7 shows the light emitter 21 and emitted light receiver 23, but figure 7 does not explicitly show that any light emitted by light emitter 21 is non-reflected light in a straight line before the light is detected by emitted light receiver 23. Par. [0106] of the Pg Pub. version of the specification discloses “...the light emitting layer 213, and in a plain view, at least part of a region of the reflection electrode 212 overlapping the photoelectric conversion layer 231B for emitted light reception is provided with an aperture 212X. This configuration allows the quantity of light emitted from the light emitter 21 to be more accurately measured”, but none of the figures or specification disclose that light passing through the aperture 212x is non-reflected in a straight line.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Duval (US 2018/0353075) disclose multichannel reflective optical medical sensor device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAHDEEP MOHAMMED whose telephone number is (571)270-3134. The examiner can normally be reached Monday to Friday, 9am to 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anne M Kozak can be reached at (571)270-0552. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAHDEEP MOHAMMED/ Primary Examiner, Art Unit 3797
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