Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In particular, claim 1 recites the limitation of “(b) repeat (a) at a plurality of additional frequencies…” in line 14. However, there is no indication of step (a) prior to line 14 of the claim, therefore it unclear what step or action is being repeated at a plurality of additional frequencies.
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.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 1-7 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
In claim 1, lines 4, 6, 9, 11, and 16 have limitations involving “a person.” Examiner notes that use of “a person” in claim details is appropriate in line 4 and the start of line 6, due to inclusion of the “configured to” language tied to the transmit antenna and receive antenna. However, as written, use of “person” in the second half of line 6 and in lines 9, 11, and 16 is considered to be encompassing a human organism. Examiner suggests amending claim language to reflect claim elements being “configured to” interact with the person.
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.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Leabman (US 20200187792 A1 – Cited by Applicant) in view of Ozawa et al. (US 20200138304 A1), hereinafter Ozawa.
Regarding claim 1, Leabman discloses a health monitoring system [device for health monitoring, see in ¶ 0003], comprising:
a wristband [strap 104, see in ¶ 0095; see also in Figs. 1A and 1B];
antenna pairs distributed along the wristband [the sensor system may be embedded into a different location in a monitoring device. For example, in an embodiment, a sensor system (or a portion of the sensor system such as IC device as shown in FIG. 8A) is embedded into an attachment device such as the strap of a smartwatch so that the sensor system can target a different blood vessel in the person, see in ¶ 0153; FIG. 1B also includes a dashed line block 110 that represents a sensor system, such as a sensor system for health monitoring. The sensor system may be partially or fully embedded within the case. In some embodiments, the sensor system may include a sensor integrated circuit (IC) device or IC devices with transmit and/or receive antennas integrated therewith, see in ¶ 0095], each antenna pair includes a transmit antenna configured to transmit radio frequency (RF) detection signals into a person wearing the wristband and a receive antenna configured to detect RF return signals resulting from transmitting the RF detection signals into the person [plurality of transmit antenna bands and plurality of receive antenna bands on the back of the smartwatch and are part of an IC device, see in ¶ 0124-¶ 0126 and Fig. 10; the transmit and receive antennas are configured to transmit and receive millimeter range radio waves into the skin of a user; see ¶ 0123 and Fig. 9];
wherein when the wristband is secured to the person [wearable device is a smartwatch configured to be worn on a wrist, see in ¶ 0025], a controller connected to the antenna pairs [digital data is provided to a digital signal processor (DSP) and/or a central processing unit (CPU) 764 to isolate signals that correspond to electromagnetic energy that was reflected by the blood in a vein of a person where the electromagnetic energy was received at a receive antenna, see in ¶ 0113; DSP may be embodied as an Advanced RISC machine, see ¶ 0147] and controlling the antenna pairs [sensor system may include a sensor integrated circuit (IC) device with both transmit and/or receive antennas, see in ¶ 0095; sensor system includes transmit antennas and receive antennas, see in ¶ 0103 and ¶ 0104] to:
transmit first RF detection signals having a frequency into the person using a first transmit antenna of one of the antenna pairs and generate first collected data corresponding to detected first RF return signals from the person in response to the transmitted first RF detection signals, wherein the detected first RF return signals are received by a plurality of the receive antennas of the antenna pairs [transmitting millimeter range radio waves below the skin surface, receiving a reflected portion of the radio waves on multiple receive antennas, isolating a signal from a particular location in response to the received radio waves, and outputting a signal that corresponds to a blood glucose level in the person in response to the isolated signals, see in ¶ 0090; the antennas are configured to transmit and receive millimeter range radio waves. For example, the antennas are configured to transmit and receive radio waves in the 122-126 GHz frequency range, e.g., wavelengths in the range of 2.46-2.38 mm, see in ¶ 0103];
(b) repeat (a) at a plurality of additional frequencies to generate additional collected data [antennas configured to transmit and receive radio waves in the 122-126 GHz frequency range, see in ¶ 0103; The frequency synthesizer includes elements to generate electrical signals at frequencies that are used by the transmit and receive components, see in ¶ 0104; multiple non-contiguous frequency ranges may be used to implement health monitoring, see in ¶ 0152]; and
determine a value that corresponds to a glucose level in the person [see in ¶ 0102 and Fig. 5] based on the first collected data and the additional collected data [outputting a signal that corresponds to a blood glucose level in the person in response to the isolated signals, see in ¶ 0090; Examiner notes that all isolated signals (equivalent to the collected data) are involved in the output of the signal corresponding to a blood glucose value].
Although Leabman discloses that a sensor system that includes transmit and receive antennas can be embedded into the strap of the monitoring device, Leabman fails to disclose the antenna pairs are disposed in a non-planar, three-dimensional array.
However, Ozawa discloses antenna pairs disposed in a non-planar three-dimensional array [transmission/reception antenna group provided to the belt and including a plurality of antenna elements arranged, in an area where the belt is spread in a strip-like manner, being spaced apart from each other in one direction or two orthogonal directions, see in ¶ 0009; see transmission/reception unit 40 in Fig. 1 and 2, Examiner notes that the belt disclosed by Ozawa is flexible and fixed to be circumferentially surrounding a measurement target site of a living body and the arrangement of the antenna pairs is arranged in a non-planar and three dimensional array, more clearly displayed in Fig. 2].
Leabman and Ozawa are both analogous to the claimed invention because they are in the same field of biological measurement systems using transmit and receive antenna pairs. Therefore, it would have been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Leabman to incorporate the teachings of Ozawa and include that the antenna pairs are disposed in a non-planar, three-dimensional array in order to better target the measurement site by providing and receiving signals in multiple angles.
Regarding claim 2, Leabman, as modified, discloses the health monitoring system of claim 1, wherein the controller is further configured to control the antenna pairs to:
(c) transmit second RF detection signals having a frequency into the person using a second transmit antenna of one of the antenna pairs and generate second collected data corresponding to detected second RF return signals from the person in response to the transmitted second RF detection signals [FIG. 13B depicts a radar transmission technique that involves transmitting pulses of electromagnetic energy at an increasing frequency for each interval, referred to herein as “chirp” transmission, multiple intervals involved in transmitting energy, see in ¶ 0131], wherein the detected second RF return signals are received by a plurality of the receive antennas of the antenna pairs [transmitting millimeter range radio waves below the skin surface, receiving a reflected portion of the radio waves on multiple receive antennas, isolating a signal from a particular location in response to the received radio waves, and outputting a signal that corresponds to a blood glucose level in the person in response to the isolated signals, see in ¶ 0090; the antennas are configured to transmit and receive millimeter range radio waves. For example, the antennas are configured to transmit and receive radio waves in the 122-126 GHz frequency range, e.g., wavelengths in the range of 2.46-2.38 mm, see in ¶ 0103];
(d) repeat (c) at a plurality of additional frequencies to generate second additional collected data [antennas configured to transmit and receive radio waves in the 122-126 GHz frequency range, see in ¶ 0103; The frequency synthesizer includes elements to generate electrical signals at frequencies that are used by the transmit and receive components, see in ¶ 0104; multiple non-contiguous frequency ranges may be used to implement health monitoring, see in ¶ 0152; see also in ¶ 0131]; and
determine the value that corresponds to the glucose level in the person [see in ¶ 0102 and Fig. 5] based on the first collected data, the additional collected data, the second collected data and the second additional collected data [outputting a signal that corresponds to a blood glucose level in the person in response to the isolated signals, see in ¶ 0090; Examiner notes that all isolated signals (equivalent to the collected data) are involved in the output of the signal corresponding to a blood glucose value].
Regarding claim 3, Leabman, as modified, discloses the health monitoring system of claim 1, wherein the controller is part of a device that is physically separate from the wristband [CPU is a part of sensor system, see in ¶ 0102 and Fig. 5; FIG. 1B also includes a dashed line block 110 that represents a sensor system, such as a sensor system for health monitoring, physically separate from the wristband, see in ¶ 0095].
Regarding claim 4, Leabman discloses a method for monitoring a glucose level of a person, the method comprising:
(a) transmitting first radio waves having a frequency into the person using a first transmit antenna and generating first collected data corresponding to received first radio waves from the person in response to the transmitted first radio waves, wherein the received first radio waves are received by a plurality of receive antennas [transmitting millimeter range radio waves below the skin surface, receiving a reflected portion of the radio waves on multiple receive antennas, isolating a signal from a particular location in response to the received radio waves, and outputting a signal that corresponds to a blood glucose level in the person in response to the isolated signals, see in ¶ 0090; the antennas are configured to transmit and receive millimeter range radio waves. For example, the antennas are configured to transmit and receive radio waves in the 122-126 GHz frequency range, e.g., wavelengths in the range of 2.46-2.38 mm, see in ¶ 0103];
(b) repeating (a) at a plurality of additional frequencies to generate additional collected data [antennas configured to transmit and receive radio waves in the 122-126 GHz frequency range, see in ¶ 0103; The frequency synthesizer includes elements to generate electrical signals at frequencies that are used by the transmit and receive components, see in ¶ 0104; multiple non-contiguous frequency ranges may be used to implement health monitoring, see in ¶ 0152]; and
determining a value that corresponds to a glucose level in the person [see in ¶ 0102 and Fig. 5] based on the first collected data and the additional collected data [outputting a signal that corresponds to a blood glucose level in the person in response to the isolated signals, see in ¶ 0090].
Although Leabman discloses that a sensor system that includes transmit and receive antennas can be embedded into the strap of the monitoring device, Leabman fails to disclose that the antennas are disposed in a non-planar, three-dimensional array.
However, Ozawa discloses antenna pairs disposed in a non-planar three-dimensional array [transmission/reception antenna group provided to the belt and including a plurality of antenna elements arranged, in an area where the belt is spread in a strip-like manner, being spaced apart from each other in one direction or two orthogonal directions, see in ¶ 0009; see transmission/reception unit 40 in Fig. 1 and 2, Examiner notes that the belt disclosed by Ozawa is flexible and fixed to be circumferentially surrounding a measurement target site of a living body and the arrangement of the antenna pairs is arranged in a non-planar and three dimensional array, more clearly displayed in Fig. 2].
Leabman and Ozawa are both analogous to the claimed invention because they are in the same field of biological measurement systems using transmit and receive antenna pairs. Therefore, it would have been obvious to someone of ordinary skill in the art before the filing date of the claimed invention to have modified Leabman to incorporate the teachings of Ozawa and include that the antenna pairs are disposed in a non-planar, three-dimensional array in order to better target the measurement site by providing and receiving signals in multiple angles.
Regarding claim 5, Leabman, as modified, discloses the method of claim 4, comprising:
(c) transmitting second radio waves having a frequency into the person using a second transmit antenna and generating second collected data corresponding to received second radio waves from the person in response to the transmitted second radio waves [FIG. 13B depicts a radar transmission technique that involves transmitting pulses of electromagnetic energy at an increasing frequency for each interval, referred to herein as “chirp” transmission, multiple intervals involved in transmitting energy, see in ¶ 0131], wherein the received second radio waves are received by the plurality of receive antennas [transmitting millimeter range radio waves below the skin surface, receiving a reflected portion of the radio waves on multiple receive antennas, isolating a signal from a particular location in response to the received radio waves, and outputting a signal that corresponds to a blood glucose level in the person in response to the isolated signals, see in ¶ 0090; the antennas are configured to transmit and receive millimeter range radio waves. For example, the antennas are configured to transmit and receive radio waves in the 122-126 GHz frequency range, e.g., wavelengths in the range of 2.46-2.38 mm, see in ¶ 0103];
(d) repeating (c) at a plurality of additional frequencies to generate second additional collected data [antennas configured to transmit and receive radio waves in the 122-126 GHz frequency range, see in ¶ 0103; The frequency synthesizer includes elements to generate electrical signals at frequencies that are used by the transmit and receive components, see in ¶ 0104; multiple non-contiguous frequency ranges may be used to implement health monitoring, see in ¶ 0152]; and
determining the value that corresponds to the glucose level in the person [see in ¶ 0102 and Fig. 5] based on the first collected data, the additional collected data, the second collected data and the second additional collected data [outputting a signal that corresponds to a blood glucose level in the person in response to the isolated signals, see in ¶ 0090; Examiner notes that all isolated signals (equivalent to the collected data) are involved in the output of the signal corresponding to a blood glucose value].
Regarding claim 6, Leabman, as modified, discloses the method of claim 5, wherein the plurality of receive antennas are disposed in a wristband [the sensor system may be embedded into a different location in a monitoring device. For example, in an embodiment, a sensor system (or a portion of the sensor system such as IC device as shown in FIG. 8A) is embedded into an attachment device such as the strap of a smartwatch so that the sensor system can target a different blood vessel in the person, see in ¶ 0153].
Regarding claim 7, Leabman, as modified, discloses the method of claim 6, wherein the first transmit antenna and the second transmit antenna are disposed in the wristband [the sensor system may be embedded into a different location in a monitoring device. For example, in an embodiment, a sensor system (or a portion of the sensor system such as IC device as shown in FIG. 8A) is embedded into an attachment device such as the strap of a smartwatch so that the sensor system can target a different blood vessel in the person, see in ¶ 0153; Examiner notes that if sensor system can disposed in the strap of the watch, all transmit antenna (which are considered part of the sensor system) are also able to be disposed in the strap of the watch].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HY KHANH DOAN whose telephone number is (703)756-5434. The examiner can normally be reached Monday - Friday 8:00 a.m. - 5 p.m..
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/HY KHANH DOAN/Examiner, Art Unit 3791 /TSE W CHEN/Supervisory Patent Examiner, Art Unit 3791
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