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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5/1/2026 has been entered.
Response to Amendment
Applicant’s amendment filed 4/9/2025 has been acknowledged.
Claims 1-20 remain pending in the current application.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
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.
Claim(s) 1, 2, 4-13, and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Allec (US 20170325698 A1) in view of Mansfield (US 20050222501 A1).
Regarding claim 1, Allec teaches a computing device for measuring an intensity level of at least a first returned light signal ([0011] FIG. 3C illustrates exemplary circuitry coupled to the light sensors and light emitters and utilized for estimation of the user's physiological signals according to examples of the disclosure)
the computing device comprising an optical sensor comprising an emitter package defining a cavity ([0090] light emitter 606 and light emitter 608 can be located in the same cavity 666)
the cavity including a first die configured to output a first emitted light signal having a first wavelength ([0090] light emitter 606)
and a second die configured to output a second emitted light signal having a second wavelength ([0090] light emitter 608…light 622 can have a shorter wavelength than the wavelength of light 626)
wherein the first die is a green light emitting diode (LED) die ([0086] light emitter 505 can emit green light (or light within 495-570 nm))
wherein an optical isolation structure (isolation 619) internal to the emitter package (device 600) separates the first green LED die (one light emitter (e.g., light emitter 606 illustrated in FIG. 6A) configured to emit light within wavelength range 964 (i.e., 495-570 nm)) from the second die (one light emitter (e.g., light emitter 605 illustrated in FIG. 6A) configured to emit light within wavelength range 966 and wavelength range 967 (i.e., 750-1400 nm)) within the cavity (664, 666) of the emitter package (device 600) so as to prevent the second emitted light signal from reaching the green LED die ([0091] Device 600 can also include isolation 621 located between light emitter 608 and light emitter 606; [0116] system capable of emitting light across a spectrum of wavelengths or a plurality of wavelength (e.g., greater than two wavelengths). For example, the system can include at least one light emitter (e.g., light emitter 606 illustrated in FIG. 6A) configured to emit light within wavelength range 964 (i.e., 495-570 nm), at least one light emitter (e.g., light emitter 605 illustrated in FIG. 6A) configured to emit light within wavelength range 966 and wavelength range 967 (i.e., 750-1400 nm), and at least one light emitter (e.g., light emitter 608 illustrated in FIG. 6A) configured to emit light within wavelength range 965 (i.e., 570-750 nm))
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a first detector configured to receive the first returned light signal ([0089] Light sensor 604 can also detect light reflected from light 625)
and a processor configured to determine the intensity level of the first returned light signal ([0070] Device 300 can include a controller 309 configured to utilize the signal(s) from one or more lights paths to correct the signal(s) from one or more other lights paths to determine the user's physiological signal)
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Allec fails to teach an ultraviolet (UV) LED die.
However, Mansfield teaches an ultraviolet (UV) LED die ([0048] means for generating a single excitation wavelength or a plurality of different excitation wavelengths of green to ultraviolet light)
Allec and Mansfield are considered analogous because both disclose medical applications of light in different wavelengths. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the current application to include an ultraviolet emitting component in addition to a green one in order to classify visible/near-IR spectra of human finger joints into early and late rheumatoid arthritis classes (Mansfield [0007]).
Regarding claim 2, Allec teaches a filter coating is disposed on an upper surface of the emitter package above the first die, the second die, or both ([0151] the light emitter(s) and/or light sensor(s) and an optically transparent cover structure disposed over or within the opening)
Regarding claim 4, Allec teaches a second detector configured to receive at least a second returned light signal ([0076] light emitter 406 and light emitter 416 can be located such that the path lengths to light sensor 404 are different from the path lengths to light sensor 414)
Regarding claim 5, Allec teaches an optical filter blocks a portion of the first returned light signal from reaching the first detector, blocks a portion of the second returned light signal from reaching the second detector, or both ([0091] isolation 621 can be configured to prevent light mixing between light emitted by light emitter 606 and light emitted by light emitter 608)
Regarding claim 6, Allec teaches the optical filter is a long pass filter that prevents light having a wavelength that is equal to the first wavelength from reaching the first detector, prevents light having a wavelength that is equal to the second wavelength from reaching the second detector, or both ([0074] System 300 can include a plurality of filters 310. Each filter 310 can be configured to receive a plurality of signals 350 from a light sensor and can filter the signals (step 376 of process 370). Plurality of filters 310 can be any type of filter capable of selection based on one or more properties, such as a bandpass filter capable of selecting a range of frequencies. In some examples, plurality of filters 310 can be adaptive filters. Each of the plurality of signals 350 generated from the light sensor can represent detected reflected light from different light emitters; [0086] In some examples, light sensor 507 can be coupled to a passband filter and/or can be configured to detect only those wavelengths of light emitted by light emitter 506. In this manner, light sensor 507 may not detect light emitted from light emitter 505)
Regarding claim 7, Allec teaches the processor is configured to calculate a skin autofluorescence level based on a measured intensity level of the first returned light signal and a measured intensity level of the second returned light signal ([0097] Light emitter 705 can be configured to emit light 722. Light 722 can enter skin 720, and a portion can reflect back as light 723 to be detected by light sensor 714, which can be a light sensor optically coupled to a light emitter in a different cavity. Light emitter 705 can be located relative to light sensor 714 such that one or more areas of skin 720 located along the optical path of light 722/723 can be measured.)
Regarding claim 8, Allec teaches the first wavelength is in a range from 250 nanometers to 900 nanometers ([0074] light emitter 306 can be configured to emit light in the wavelength range of 495-570 nm, and signal 350a can represent the pulsatile blood volume changes of the user. Light emitter 308 can be configured to emit light in the wavelength range of 750-1400 nm)
Regarding claim 9, Allec teaches the first wavelength is in a range from 275 nanometers to 500 nanometers ([0074] light emitter 306 can be configured to emit light in the wavelength range of 495-570 nm, and signal 350a can represent the pulsatile blood volume changes of the user. Light emitter 308 can be configured to emit light in the wavelength range of 750-1400 nm)
Regarding claim 10, Allec teaches a light blocking material is disposed between the emitter package and the first detector, the second detector, or both (isolation 617, 619, 621)
Regarding claim 11, Allec teaches the computing device is a wearable computing device ([0063] FIG. 1C illustrates an exemplary wearable device 144)
and the optical sensor is in contact with a user’s skin ([0080] device 400 can be located in close proximity (e.g., less than 5 mm away) or in contact with skin 420)
Regarding claim 12, Allec teaches a method for measuring an intensity level of at least a first returned light signal via a computing device ([0011] FIG. 3C illustrates exemplary circuitry coupled to the light sensors and light emitters and utilized for estimation of the user's physiological signals according to examples of the disclosure)
providing an emitter package defining a cavity ([0090] light emitter 606 and light emitter 608 can be located in the same cavity 666)
the cavity including a first die configured to output a first emitted light signal having a first wavelength ([0090] light emitter 606)
and a second die configured to output a second emitted light signal having a second wavelength ([0090] light emitter 608…light 622 can have a shorter wavelength than the wavelength of light 626)
wherein the first die is a green light emitting diode (LED) die ([0086] light emitter 505 can emit green light (or light within 495-570 nm)) wherein an optical isolation structure internal to the emitter package separates the first die from the second die within the cavity of the emitter package so as to prevent the second emitted light signal from reaching the green LED die ([0091] Device 600 can also include isolation 621 located between light emitter 608 and light emitter 606)
emitting, by the first die of the emitter package of an optical sensor of the computing device, the first emitted light signal ([0090] In each cavity, at least one light emitter can be configured to emit light at a wavelength different from another light emitter)
obtaining, by a first detector of the optical sensor of the computing device, the first returned light signal ([0089] Light sensor 604 can also detect light reflected from light 625)
and calculating, by a processor, the intensity level of the first returned light signal ([0070] Device 300 can include a controller 309 configured to utilize the signal(s) from one or more lights paths to correct the signal(s) from one or more other lights paths to determine the user's physiological signal)
Allec fails to teach an ultraviolet (UV) LED die.
However, Mansfield teaches an ultraviolet (UV) LED die ([0048] means for generating a single excitation wavelength or a plurality of different excitation wavelengths of green to ultraviolet light)
Allec and Mansfield are considered analogous because both disclose medical applications of light in different wavelengths. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the current application to include an ultraviolet emitting component in addition to a green one in order to classify visible/near-IR spectra of human finger joints into early and late rheumatoid arthritis classes (Mansfield [0007]).
Regarding claim 13, Allec teaches a filter coating is disposed on an upper surface of the emitter package above the first die, the second die, or both ([0151] the light emitter(s) and/or light sensor(s) and an optically transparent cover structure disposed over or within the opening)
Regarding claim 15, Allec teaches obtaining, by a second detector of the optical sensor of the computing device, at least a second returned light signal ([0076] light emitter 406 and light emitter 416 can be located such that the path lengths to light sensor 404 are different from the path lengths to light sensor 414)
Regarding claim 16, Allec teaches blocking, via an optical filter, a portion of the first returned light signal from reaching the first detector, a portion of the second returned light signal from reaching the second detector, or both ([0091] isolation 621 can be configured to prevent light mixing between light emitted by light emitter 606 and light emitted by light emitter 608)
Regarding claim 17, Allec teaches the optical filter is a long pass filter that prevents light having a wavelength that is equal to the first wavelength from reaching the first detector, prevents light having a wavelength that is equal to the second wavelength from reaching the second detector, or both ([0074] System 300 can include a plurality of filters 310. Each filter 310 can be configured to receive a plurality of signals 350 from a light sensor and can filter the signals (step 376 of process 370). Plurality of filters 310 can be any type of filter capable of selection based on one or more properties, such as a bandpass filter capable of selecting a range of frequencies. In some examples, plurality of filters 310 can be adaptive filters. Each of the plurality of signals 350 generated from the light sensor can represent detected reflected light from different light emitters; [0086] In some examples, light sensor 507 can be coupled to a passband filter and/or can be configured to detect only those wavelengths of light emitted by light emitter 506. In this manner, light sensor 507 may not detect light emitted from light emitter 505)
Regarding claim 18, Allec teaches a skin autofluorescence level based on a measured intensity level of the first returned light signal and a measured intensity level of the second returned light signal ([0097] Light emitter 705 can be configured to emit light 722. Light 722 can enter skin 720, and a portion can reflect back as light 723 to be detected by light sensor 714, which can be a light sensor optically coupled to a light emitter in a different cavity. Light emitter 705 can be located relative to light sensor 714 such that one or more areas of skin 720 located along the optical path of light 722/723 can be measured.)
Regarding claim 19, Allec teaches the first wavelength, the second wavelength, or both range from 250 nanometers to 900 nanometers ([0074] light emitter 306 can be configured to emit light in the wavelength range of 495-570 nm, and signal 350a can represent the pulsatile blood volume changes of the user. Light emitter 308 can be configured to emit light in the wavelength range of 750-1400 nm)
Regarding claim 20, Allec teaches the computing device is a wearable computing device and the optical sensor is configured for contact with a user’s skin ([0063] FIG. 1C illustrates an exemplary wearable device 144)
Claim(s) 3 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Allec in view of Mansfield as applied to claims 1 and 12 respectively above, and further in view of Lee (US 20200146569 A1).
Regarding claim 3, Allec fails to teach the computing device comprises control circuitry configured to reverse bias the second die while the first die is emitting the first emitted light signal, reverse bias the first die while the second die is emitting the second emitted light signal, or both.
However, Lee teaches the computing device comprises control circuitry configured to reverse bias the second die while the first die is emitting the first emitted light signal, reverse bias the first die while the second die is emitting the second emitted light signal, or both ([0043] PD semiconductor chip and p-n junction thereof are configured to operate in a reverse bias such that the PD semiconductor chip absorbs light)
Allec and Lee are considered analogous because both disclose wearable optical monitoring devices. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the pending application to use a reverse bias to absorb light in order to convert the absorbed light into a proportional current (Lee [0043])
Regarding claim 14, Allec fails to teach applying, via control circuitry, a reverse bias to the second die while the first die is emitting the first emitted light signal to the first die while the second die is emitting the second emitted light signal or both.
However, Lee teaches applying, via control circuitry, a reverse bias to the second die while the first die is emitting the first emitted light signal to the first die while the second die is emitting the second emitted light signal or both ([0043] PD semiconductor chip and p-n junction thereof are configured to operate in a reverse bias such that the PD semiconductor chip absorbs light)
Allec and Lee are considered analogous because both disclose wearable optical monitoring devices. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the pending application to use a reverse bias to absorb light in order to convert the absorbed light into a proportional current (Lee [0043]).
Response to Arguments
Applicant's arguments filed 4/9/2025 have been fully considered but they are not persuasive. Applicant has simply amended the independent claims to specify that the optical isolation structure is internal to the emitter package with emphasis added. By formulating this limitation in this way, the term emitter package is broader than each specific emitter and does not differentiate the claim from the previously cited art. Allec teaches, as is most clearly seen in fig. 6B, an optical isolation 619 structure with the emitter package 600 that isolates two emitters, ref. nos. 605 and 606, one emitter is disclosed to emit light in a wavelength corresponding to green light and another is disclosed to emit light in a wavelength corresponding to red light. One of ordinary skill in the art could interpret the entire outer shell of the device 600 depicted in the figure to contain the two emitters as one concise emitter package, and as such the prior art reads on the claim limitations exactly. An annotated figure is reproduced before for clarity.
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For at least the aforementioned reasons the claims remain rejected.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Schultz (US 20200383617 A1) teaches [0008] The first detection well, the second detection well and the light source well are configured to be optically isolated from one another to ensure that light from the light sources does not reach the light detectors without coupling through the body surface of the patient.
Li (US 20250025059 A1) teaches [0008] The light emitting component and the light receiving component are disposed in an optical isolation manner, the Fresnel film is located on a same side of the light emitting component and the light receiving component, and a light outlet surface of the light emitting component faces the Fresnel film
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GABRIEL VICTOR POPESCU whose telephone number is (571)272-7065. The examiner can normally be reached M-F 8AM-5PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anne 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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/GABRIEL VICTOR POPESCU/Examiner, Art Unit 3797
/SERKAN AKAR/Primary Examiner, Art Unit 3797
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