DETAILED ACTION
Response to Amendment
The amendments filed on September 11, 2026 has been entered.
Claim 1, 8, 13, 17, and 20-21 are amended.
Claims 6-7 and 15-16 are cancelled.
Claim 22-25 are new.
Claims 1-5, 8-14, and 17-25 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 1-5, 13-14, 19-21, 23, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Hay et al (US 2016/0210747 A1) in view of in view of Ishihara (US 6110123 A).
Regarding Claim 1, Hays teaches a method, comprising: receiving data indicating a receive signal of a sensor [0029 for monitoring vital signs];
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 [0030 for acquiring (receiving) file and 0237 for distinguish it from outside factors that could produce a vibration or movement in the field of view of the camera],
wherein the locally stationary signal component indicates a breathing motion in a field of view of the sensor [0237 for distinguish movements in the field of view, indicated schematically by arrows],
the data is processed based on a predefined vital signal breathing rate assumed for a vital sign the breathing motion [0083 for rate would be 16 breaths per minute],
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 breathing rate [0083 for certain pixels having a maximum and minimum at a difference of approximately 28 frames],
wherein the at least two frames are spaced apart in time by a time interval determined based on the predefined vital signal breathing rate [0083],
and determining a vital sign of a living being based on the isolated locally stationary signal component of the receive signal [0094 for optimizes the rate and phase to precisely select the motion waveform].
Hay fails to explicitly teach and one of the at least two frames is selected 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 is selected from a second subset of the plurality of frames that represents an exhale interval of the breathing motion based on the predefined breathing rate.
Ishihara has (abstract) and teaches and one of the at least two frames is selected from a first subset of the plurality of frames that represents an inhale interval of the breathing motion [col 10, lines 20-30 for the subtraction interval a, a frame interval corresponding to half the respiration period]
and another one of the at least two frames is selected from a second subset of the plurality of frames that represents an exhale interval of the breathing motion based on the predefined breathing rate [col 10, lines 5-15 for a plurality of high twin peaks each having a pair of peaks indicative of exhalation and inhalation].
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 Hay, further including the breathing calculations as taught by Ishihara for the purpose to indicate the surface integration change at the same rate (Ishihara, col 10, lines 35-45).
Regarding Claim 13, Hays teaches 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 [0016-0017]:
receiving data indicating a receive signal of a sensor [0029 for monitoring vital signs];
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 [0030 for acquiring (receiving) file and 0237 for distinguish it from outside factors that could produce a vibration or movement in the field of view of the camera],
wherein the locally stationary signal component indicates a breathing motion in a field of view of the sensor [0237 for distinguish movements in the field of view, indicated schematically by arrows],
the data is processed based on a predefined vital signal breathing rate assumed fora vital sign the breathing motion [0083 for rate would be 16 breaths per minute],
motion in a field of view of the sensor [0083],
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 breathing rate [0083 for set breathing rate of 28 frames],
and determining a vital sign of a living being based on the isolated locally stationary signal component of the receive signal [0094 for optimizes the rate and phase to precisely select the motion waveform].
Hay fails to explicitly teach wherein the at least two frames are spaced apart in time by a time interval determined based on the predefined vital signal rate and one of the at least two frames is selected 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 is selected from a second subset of the plurality of frames that represents an exhale interval of the breathing motion based on the predefined breathing rate.
Ishihara has (abstract) and teaches wherein the at least two frames are spaced apart in time by a time interval determined based on the predefined vital signal rate and one of the at least two frames is selected from a first subset of the plurality of frames that represents an inhale interval of the breathing motion [col 10, lines 20-30 for the subtraction interval a, a frame interval corresponding to half the respiration period]
and another one of the at least two frames is selected from a second subset of the plurality of frames that represents an exhale interval of the breathing motion based on the predefined breathing rate [col 10, lines 5-15 for a plurality of high twin peaks each having a pair of peaks indicative of exhalation and inhalation].
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 Hay, further including the breathing calculations as taught by Ishihara for the purpose to indicate the surface integration change at the same rate (Ishihara, col 10, lines 35-45).
Regarding Claim 20, Hays teaches an apparatus, comprising processing circuitry configured to: receive data indicating a receive signal of a sensor [0029 for monitoring vital signs];
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 [0030 for acquiring (receiving) file and 0237 for distinguish it from outside factors that could produce a vibration or movement in the field of view of the camera],
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 breathing rate [0083 for having a rate of 28 frames apart]
wherein the locally stationary signal component indicates a breathing motion in a field of view of the sensor [0237 for distinguish movements in the field of view, indicated schematically by arrows],
the data is processed based on a predefined vital signal breathing rate assumed fora vital sign motion in a field of view of the sensor the breathing motion [0083 for rate would be 16 breaths per minute],
and determine a vital sign of a living being based on the isolated locally stationary signal component of the receive signal [0094 for optimizes the rate and phase to precisely select the motion waveform].
Hay fails to explicitly teach wherein the at least two frames are spaced apart in time by a time interval determined based on the predefined vital signal breathing rate, and one of the at least two frames is selected 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 is selected from a second subset of the plurality of frames that represents an exhale interval of the breathing motion based on the predefined breathing rate.
Ishihara has (abstract) and teaches wherein the at least two frames are spaced apart in time by a time interval determined based on the predefined vital signal breathing rate, and one of the at least two frames is selected from a first subset of the plurality of frames that represents an inhale interval of the breathing motion [col 10, lines 20-30 for the subtraction interval a, a frame interval corresponding to half the respiration period]
and another one of the at least two frames is selected from a second subset of the plurality of frames that represents an exhale interval of the breathing motion based on the predefined breathing rate [col 10, lines 5-15 for a plurality of high twin peaks each having a pair of peaks indicative of exhalation and inhalation].
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 Hay, further including the breathing calculations as taught by Ishihara for the purpose to indicate the surface integration change at the same rate (Ishihara, col 10, lines 35-45).
Regarding Claim 2, Hay teaches 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 [0090 for tracking pixel intensities over time].
Regarding Claim 3 and 14, Hay teaches isolating the locally stationary signal component of the receive signal from the at least one of the stochastic and the deterministic signal component comprises 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 [0084 for filters unwanted frequencies].
Regarding Claim 4, Hay teaches processing the data comprises using at least one of a linear predictor, a trained machine-learning model or a moving target indicator [0237 for use frequency isolation and a learning algorithm to learn the individual's respiration rate].
Regarding Claim 5, Hay teaches 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 [0237 for accounting for floor fan or curtain in FOV of camera (sensor)].
Regarding Claim 19, Hays teaches the sensor system [0194 for track respiration];
and control circuitry configured to control an operation of the electronic device based on the processed data [0196 for a mobile device].
Regarding Claim 21, Hays fails to explicitly teach the time interval corresponds to one-half of a cycle of the predefined breathing rate.
Ishihara has (abstract) and teaches the time interval corresponds to one-half of a cycle of the predefined breathing rate le [col 10, lines 5-15 for a plurality of high twin peaks each having a pair of peaks indicative of exhalation and inhalation].
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 Hay, further including the breathing calculations as taught by Ishihara for the purpose to indicate the surface integration change at the same rate (Ishihara, col 10, lines 35-45).
Regarding Claim 23, Hays teaches selecting the at least two frames comprises selecting every n-th frame of the plurality of frames, n being based on a frame rate of the plurality of frames and the predefined breathing rate [0094 for [n] a multiple of frame differences N to calculate is selected].
Regarding Claim 25, Hays teaches the receive signal is a receive signal of at least one of a radar sensor, a lidar sensor, an optical time-of-flight sensor, a sonar sensor or an ultrasonic sensor [0134 for ultrasonic sensors].
Claims 8-12, 17, 22, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Hay et al (US 20160210747 A1) in view of in view of Ishihara (US 6110123 A) as applied to claims 1 and 12 above, and further in view of O’Brien (US 4688044 A).
Regarding Claim 8 and 17, Hay fails to explicitly teach processing the data further comprises: feeding the selected frames into a moving target indicator.
O’Brien has a multiple range interval clutter cancellation circuit for MTI radars (abstract) and teaches processing the data further comprises: feeding the selected frames into a moving target indicator [col 7, lines 25-40 for general MTI radar processor with a first canceller circuit with doppler filter and a second canceller circuit].
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 Hay, further including the canceller calculations as taught by O’Brien for the purpose to suppressing returns from narrowband second interval clutter (O’Brien, col 7, lines 15-25).
Regarding Claim 9, Hays 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 phase 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 phase of the breathing motion based on the predefined breathing rate.
Ishihara has (abstract) and teaches selecting one of the at least two frames from a first subset of the plurality of frames that represents an inhale phase of the breathing motion [col 10, lines 20-30 for the subtraction interval a, a frame interval corresponding to half the respiration period]
and another one of the at least two frames from a second subset of the plurality of frames that represents an exhale phase of the breathing motion based on the predefined breathing rate
[col 10, lines 5-15 for a plurality of high twin peaks each having a pair of peaks indicative of exhalation and inhalation].
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 Hay, further including the breathing calculations as taught by Ishihara for the purpose to indicate the surface integration change at the same rate (Ishihara, col 10, lines 35-45).
Regarding Claim 10, Hays teaches selecting at least three frames from the plurality of frames based on the predefined breathing rate [0083 and difference every 8 frames the calculation].
Hays 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 7, lines 25-40 for general MTI radar processor with a first canceller circuit with doppler filter and a second canceller circuit].
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 Hay, further including the canceller calculations as taught by O’Brien for the purpose to suppressing returns from narrowband second interval clutter (O’Brien, col 7, lines 15-25).
Regarding Claim 11, Hays teaches selecting at least two further frames from the plurality of frames of the data based on the predefined breathing rate [0083].
Hays 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: 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 [col7, lines 20-30 for first canceller circuit];
and the method further comprises: and feeding the selected further frames into a second channel of the plurality of channels [col 7, lines 25-40 for general MTI radar processor with a first canceller circuit with doppler filter and a second canceller circuit].
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 Hay, further including the canceller calculations as taught by O’Brien for the purpose to suppressing returns from narrowband second interval clutter (O’Brien, col 7, lines 15-25).
Regarding Claim 12, Hays teaches selecting one of the at least two further frames from frames in between the at least two frames [0094 for frames 1 and 5].
Regarding Claim 22, Hays fails to explicitly teach the locally stationary signal component is a micro- Doppler signal component of the receive signal.
O’Brien has a multiple range interval clutter cancellation circuit for MTI radars (abstract) and teaches the locally stationary signal component is a micro- Doppler signal component of the receive signal [col 7, lines 25-40 for general MTI radar processor with a first canceller circuit with doppler filter and a second canceller circuit].
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 Hay, further including the canceller calculations as taught by O’Brien for the purpose to suppressing returns from narrowband second interval clutter (O’Brien, col 7, lines 15-25).
Regarding Claim 24, Hays teaches processing the data further comprises averaging over the plurality of channels of the moving target indicator by applying averaging on a time-domain representation of an output of the plurality of channels.
O’Brien has a multiple range interval clutter cancellation circuit for MTI radars (abstract) and teaches processing the data further comprises averaging over the plurality of channels of the moving target indicator by applying averaging on a time-domain representation of an output of the plurality of channels [col4, lines 35-45 for separated in time by the interpulse period which defines the length of the respective time intervals with col 7, lines 25-40 for general MTI radar processor with a first canceller circuit with doppler filter and a second canceller circuit].
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 Hay, further including the canceller calculations as taught by O’Brien for the purpose to suppressing returns from narrowband second interval clutter (O’Brien, col 7, lines 15-25).
Claims 18 are rejected under 35 U.S.C. 103 as being unpatentable over Hay et al (US 2016/0210747 A1) in view of in view of Ishihara (US 6110123 A) as applied to claim 13, above and further in view of Yuen et al (US 2010/0130873 A1).
Regarding Claim 18, Hay teaches sensor system, comprising [0014]; and the sensor, wherein the sensor is configured to [0014-0015]
Hays fails to explicitly teach transmit a transmit signal into a field of view of the sensor, and generate the receive signal based on received reflections of the transmitted transmit signal.
Yuen has radar-based physiological motion sensor (abstract) and teaches 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].
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 Hay, further including the canceller calculations as taught by O’Brien for the purpose to suppressing returns from narrowband second interval clutter (O’Brien, col 7, lines 15-25).
Response to Arguments
Applicant’s arguments filed 9/11/2026 regrading prior art rejection with respect to claims 1-21 have been considered but are moot under new grounds of rejection. All previous prior art rejection are overcome in consideration of amendments, however, additional prior art rejections are presented below.
In applicant’s arguments page 8, last paragraph of applicant’s arguments, the applicant states that Yuen and Zhang does not teach the amended claim. The examiner thanks the applicants for the amendments. New reference Hays and Ishihara are used on the independent claims. Ishihara teaches having time series data that is separated by inhaling and exhaling [Ishihara, col 10, lines 5-12].
In applicant’s arguments page 9, first paragraph of applicant’s arguments, the applicant states that Mostafavi does not cure the limitations of Yuen and Zhang for the dependent claims. The examiner respectfully disagrees: Mostafavi is not part of this office action.
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.
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/SAMARINA MAKHDOOM/
Examiner, Art Unit 3648
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