DETAILED ACTION
Response to Amendment
The amendment filed April 22, 2026 has been entered.
Claim 1, 4, 7-9, 13, 16-17, and 20 are amended.
Claims 1-20 are pending this application.
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 1-8, and 13-20 are rejected under 35 U.S.C. 103 as being unpatentable over Yuen et al (US 2010/0130873 A1), in view of Rosenbury (US 2010/0026550 A1).
Regarding Claim 1, Yuen discloses a method, comprising: receiving data indicating a receive signal of a sensor [0006-0007 for receiving sensing motion data];
processing the data by isolating a locally stationary signal component of the receive signal from at least one of a stochastic or a deterministic signal component of the receive signal [0006-0007 for distinguish desired data components corresponding to various physiological activity from undesired data (undesired motion is deterministic) and noise (stochastic)];
and determining a vital sign of a living being based on the isolated locally stationary signal component of the receive signal [0006-0007 to determine if the person is sitting down or reclining (stationary) using isolated physiological movement].
Yuen fails to explicitly teach wherein the data is processed based on a predefined vital signal rate assumed for a vital sign motion in a field of view of the sensor, and processing the data further comprises selecting at least two frames from a plurality of frames of the data based on the predefined vital signal rate.
Rosenbury has a radar sends a short, low-amplitude signal of radio-frequency energy toward the target scene (abstract) and teaches wherein the data is processed based on a predefined vital signal rate assumed for a vital sign motion in a field of view of the sensor [0075 for having a pass band (FOV) for the predefined vital signal rate (heartbeats)],
and processing the data further comprises selecting at least two frames from a plurality of frames of the data based on the predefined vital signal rate [0056 for using every second of data points and previous sixteen seconds of data point (second frame of data) for confidence rates].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the motion sensing techniques, as disclosed by Yuen, further including the sensor calculations as taught by Rosenbury for the purpose to calculate target presence, confidence and rates (Rosenbury, 0056).
Regarding Claim 13, Yuen discloses an apparatus comprising a processor, and a memory with instructions stored thereon, wherein the instructions, when executed by the processor, enable the apparatus to perform the steps of [0006-0007 for processing signals and motion]:
receiving data indicating a receive signal of a sensor [0006-0007 for receiving sensing motion data];
processing the data by isolating a locally stationary signal component of the receive signal from at least one of a stochastic or a deterministic signal component of the receive signal [0006-0007 for distinguish desired data components corresponding to various physiological activity from undesired data (undesired motion is deterministic) and noise (stochastic)];
and determining a vital sign of a living being based on the isolated locally stationary signal component of the receive signal [0006-0007 to determine if the person is sitting down or reclining (stationary) using isolated physiological movement].
Yuen fails to explicitly teach wherein the data is processed based on a predefined vital signal rate assumed for a vital sign motion in a field of view of the sensor, and processing the data further comprises selecting at least two frames from a plurality of frames of the data based on the predefined vital signal rate.
Rosenbury has a radar sends a short, low-amplitude signal of radio-frequency energy toward the target scene (abstract) and teaches wherein the data is processed based on a predefined vital signal rate assumed for a vital sign motion in a field of view of the sensor [0075 for having a pass band (FOV) for the predefined vital signal rate (heartbeats)],
and processing the data further comprises selecting at least two frames from a plurality of frames of the data based on the predefined vital signal rate [0056 for using every second of data points and previous sixteen seconds of data point (second frame of data) for confidence rates].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the motion sensing techniques, as disclosed by Yuen, further including the sensor calculations as taught by Rosenbury for the purpose to calculate target presence, confidence and rates (Rosenbury, 0056).
Regarding Claim 20, Yuen discloses an apparatus, comprising processing circuitry configured to [0006-0007 for processing signals and motion]:
receive data indicating a receive signal of a sensor [0006-0007 for receiving sensing motion data];
process the data by isolating a locally stationary signal component of the receive signal from at least one of a stochastic or a deterministic signal component of the receive signal [0006-0007 for distinguish desired data components corresponding to various physiological activity from undesired data (undesired motion is deterministic) and noise (stochastic)];
and determine a vital sign of a living being based on the isolated locally stationary signal component of the receive signal [0006-0007 to determine if the person is sitting down or reclining (stationary) using isolated physiological movement].
Yuen fails to explicitly teach wherein the data is processed based on a predefined vital signal rate assumed for a vital sign motion in a field of view of the sensor, and processing the data further comprises selecting at least two frames from a plurality of frames of the data based on the predefined vital signal rate.
Rosenbury has a radar sends a short, low-amplitude signal of radio-frequency energy toward the target scene (abstract) and teaches wherein the data is processed based on a predefined vital signal rate assumed for a vital sign motion in a field of view of the sensor [0075 for having a pass band (FOV) for the predefined vital signal rate (heartbeats)],
and processing the data further comprises selecting at least two frames from a plurality of frames of the data based on the predefined vital signal rate [0056 for using every second of data points and previous sixteen seconds of data point (second frame of data) for confidence rates].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the motion sensing techniques, as disclosed by Yuen, further including the sensor calculations as taught by Rosenbury for the purpose to calculate target presence, confidence and rates (Rosenbury, 0056).
Regarding Claim 2, Yuen discloses isolating the locally stationary signal component of the receive signal from the at least one of the stochastic and the deterministic signal component comprises extracting the locally stationary signal component of the receive signal [0007 for extracting a Doppler shifted signal from the scattered radiation].
Regarding Claim 3 and 14, Yuen discloses isolating the locally stationary signal component of the receive signal from the at least one of the stochastic and the deterministic signal component comprises [0006-0007 for distinguish desired data components corresponding to various physiological activity from undesired data]
at least one of attenuating, filtering, suppressing or removing the at least one of the stochastic and the deterministic signal component of the receive signal [0007 and 0038 for filtering the frames using a low-pass filter, and obtaining a complex constellation plot of the filtered frames].
Regarding Claim 4, Yuen fails to explicitly teach processing the data comprises using at least one of a linear predictor, a trained machine-learning model or a moving target indicator.
Rosenbury has a radar sends a short, low-amplitude signal of radio-frequency energy toward the target scene (abstract) and teaches processing the data comprises using at least one of a linear predictor, a trained machine-learning model or a moving target indicator [0018 for using a radar pulse with a MTI to create zones of detection].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the motion sensing techniques, as disclosed by Yuen, further including the sensor calculations as taught by Rosenbury for the purpose to calculate target presence, confidence and rates (Rosenbury, 0018).
Regarding Claim 5, Yuen discloses the at least one of the stochastic and the deterministic signal component indicates at least one of a random motion and a vibration in a field of view of the sensor [0006-0007 for filtering noise (random) and undesired data (motions)].
Regarding Claim 6, Yuen discloses the locally stationary signal component indicates a breathing motion in a field of view of the sensor [0006-0007 for medical parameters such as, for example, respiratory rates, cardiac rates, respiratory effort, depth of breath, tidal volume, vital signs].
Regarding Claim 7 and 16, Yuen discloses the predefined vital signal rate is a predefined breathing rate assumed for the breathing motion [0027-0029].
Regarding Claim 8 and 17, Yuen fails to explicitly teach and feeding the selected frames into a moving target indicator.
Rosenbury has a radar sends a short, low-amplitude signal of radio-frequency energy toward the target scene (abstract) and teaches and feeding the selected frames into a moving target indicator [0018 for using a radar pulse with a MTI to create zones of detection].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the motion sensing techniques, as disclosed by Yuen, further including the sensor calculations as taught by Rosenbury for the purpose to calculate target presence, confidence and rates (Rosenbury, 0018).
Regarding Claim 15, Yuen fails to explicitly teach wherein the locally stationary signal component indicates a breathing motion in a field of view of the sensor.
Rosenbury has a radar sends a short, low-amplitude signal of radio-frequency energy toward the target scene (abstract) and teaches wherein the locally stationary signal component indicates a breathing motion in a field of view of the sensor [0075 for having a pass band (FOV) for the predefined vital signal rate (heartbeats)].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the motion sensing techniques, as disclosed by Yuen, further including the sensor calculations as taught by Rosenbury for the purpose to calculate target presence, confidence and rates (Rosenbury, 0056).
Regarding Claim 18, Yuen discloses sensor system, comprising [0006-0007];
and the sensor, wherein the sensor is configured to: transmit a transmit signal into a field of view of the sensor [0006-0007 for medical parameters such as, for example, respiratory rates, cardiac rates, respiratory effort, depth of breath, tidal volume, vital signs],
and generate the receive signal based on received reflections of the transmitted transmit signal [0007 for using transmitters and receiving scattered (reflected) data].
Regarding Claim 19, Yuen discloses and control circuitry configured to control an operation of the electronic device based on the processed data [0006-0007].
Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Yuen et al (US 2010/0130873 A1) in view of Rosenbury (US 2010/0026550 A1), as applied to Claims 1 and 13 above in view of O’Brien (US 4,688,044 A).
Regarding Claim 10, Yuen teaches selecting at least three frames from the plurality of frames based on the predefined breathing rate [0006-0007].
Yuen fails to explicitly teach wherein the moving target indicator is a double delay line canceller.
O’Brien has a multiple range interval clutter cancellation circuit for MTI radars (abstract) and teaches wherein the moving target indicator is a double delay line canceller [col 3, lines 30-55].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the motion sensing techniques, as disclosed by Yuen, further including the moving target calculations as taught by O’Brien for the purpose to provide a target signal indication only when the threshold is crossed (O’Brien, col 3, lines 50-65).
Regarding Claim 11, Yuen fails to explicitly teach feeding the selected frames into a moving target indicator comprises feeding the selected frames into a first channel of a plurality of channels of the moving target indicator; and the method further comprises: selecting at least two further frames from the plurality of frames of the data based on the predefined breathing rate, and feeding the selected further frames into a second channel of the plurality of channels.
O’Brien has a multiple range interval clutter cancellation circuit for MTI radars (abstract) and teaches feeding the selected frames into a moving target indicator comprises feeding the selected frames into a first channel of a plurality of channels of the moving target indicator [col 2, lines 50-65 and figure 1];
and the method further comprises: selecting at least two further frames from the plurality of frames of the data based on the predefined breathing rate, and feeding the selected further frames into a second channel of the plurality of channels [col 3, lines 30-55 with figure 1 elements 12 and 14].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the motion sensing techniques, as disclosed by Yuen, further including the moving target calculations as taught by O’Brien for the purpose to provide a target signal indication only when the threshold is crossed (O’Brien, col 3, lines 50-65).
Regarding Claim 12, Yuen teaches selecting one of the at least two further frames from frames in between the at least two frames [0037-0038].
Claims 9 is rejected under 35 U.S.C. 103 as being unpatentable over Yuen et al (US 2010/0130873 A1) in view of in view of Rosenbury (US 2010/0026550 A1), as applied to Claim 8 above, and further in view of Zhang (US 2023/0023965 A1).
Regarding Claim 9, Yuen fails to explicitly teach selecting one of the at least two frames from a first subset of the plurality of frames that represents an inhale interval of the breathing motion and another one of the at least two frames from a second subset of the plurality of frames that represents an exhale interval of the breathing motion based on the predefined breathing rate.
Zhang has a transmitter to emit electromagnetic waves; a first sensor to output signals representative of the electromagnetic waves reflected by a subject (abstract) and teaches selecting one of the at least two frames from a first subset of the plurality of frames that represents an inhale interval of the breathing motion and another one of the at least two frames from a second subset of the plurality of frames that represents an exhale interval of the breathing motion based on the predefined breathing rate [0024, 0072].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the motion sensing techniques, as disclosed by Yuen, further including the breathing calculations as taught by Zhang for the purpose to transmit the reflected signal to the heart rate detection circuitry (Zhang, 0025).
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
In applicant’s arguments page 8, third paragraph of applicant’s arguments, the applicant states that Yuen fails to teach isolating a locally stationary signal component. The examiner respectfully disagrees; Yuen teaches to isolate a signal corresponding to a physiological movement of the subject or a part of the subject and the movement is substantially separate from the non-cardiopulmonary motion or other signal interference [Yuen, 0007]. An isolated physiological breathing signal is inherently locally stationary relative to the random/deterministic interference being removed.
In applicant’s arguments page 9, third paragraph of applicant’s arguments, the applicant states that Yuen fails to teach a predefined vital signal rate for a vital sign motion in the FOV of the sensor. The examiner thanks the applicant for the amendments. New reference Rosenbury has a fixed passband defined by assumed heart beat breathing rate limits as inherently processing data based on a predefined vital signal rate [Rosenbury, 0056 and 0075].
In applicant’s arguments page 9, last paragraph of applicant’s arguments, the applicant states that Yuen fails to teach processing the data further comprises selecting at least two frames from a plurality of frames of the data based on the predefined vital signal rate. The examiner thanks the applicant for the amendments. New reference Rosenbury has second heartbeat, the signal within the heartbeat bin doubles coherently while the noise adds incoherently [Rosenbury, 0079].
In applicant’s arguments page 10, first paragraph of applicant’s arguments, the applicant states that O’Brien fails to cure the deficiencies of Yuen and teach selecting frames based on a predefined vital signal rate. The examiner thanks the applicant for the amendments. New reference Rosenbury has second heartbeat, the signal within the heartbeat bin doubles coherently while the noise adds incoherently [Rosenbury, 0079].
The examiner acknowledges that this is a broader interpretation than Applicant’s.
However, examiners are not only allowed to apply broad interpretations, but are required to do so, as it reduces the possibility that the claims, once issued, will be interpreted more broadly than is justified. MPEP §2111. Patentability is determined by the “broadest reasonable interpretation
consistent with the specification” (MPEP §2111), not the narrowest reasonable interpretation. And Applicant does not have an explicit lexicographical statement in line with MPEP §2111.01
subsection IV requiring a specific interpretation of the relevant phrases which forces the examiner to interpret them only one way.
The express, implicit, and inherent disclosures of a prior art reference may be relied upon in the rejection of claims under 35 U.S.C. 102 or 103. "The inherent teaching of a prior art reference, a question of fact, arises both in the context of anticipation and obviousness." In re Napier, 55 F.3d 610, 613, 34 USPQ2d 1782, 1784 (Fed. Cir. 1995).
For applicant’s benefit, portions of the cited reference(s) have been cited to aid in the review of the rejection(s). While every attempt has been made to be thorough and consistent within the rejection it is noted that the PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, including disclosures that teach away from the claims. See MPEP 2141.02 VI.
“The use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain.” In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968)). A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art, including non-preferred embodiments. Merck & Co. v.Biocraft Laboratories, 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir.), cert. denied, 493 U.S. 975 (1989). See also Upsher-Smith Labs. v. Pamlab, LLC, 412 F.3d 1319, 1323, 75 USPQ2d 1213, 1215 (Fed. Cir. 2005) See MPEP 2123.
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 nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMARINA MAKHDOOM whose telephone number is (703)756-1044. The examiner can normally be reached Monday – Thursdays from 8:30 to 5:30 pm eastern time.
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/SAMARINA MAKHDOOM/
Examiner, Art Unit 3648
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