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 .
Response to Arguments
Applicant's arguments filed on 08/25/2025 have been fully considered but they are not persuasive. The Applicant argues that Kim fails to disclose the limitations of “the applications being configured to continually adjust at least one variable parameter of (1) varying the electric current to the light emitter to change the intensity of the light produced by the light emitter, or (2) varying the sensitivity of the light detector to change the sensed light output from the light detector, or (3) the period of time varied during which the light emitter produces light and the light detector monitors for the detection of light.”.
Applicant argues that Kim specifically fails to teach adjustment of the electric current supplied to the light emitter. The Examiner disagrees because as stated in paragraph [0091] (“As another example, a heart rate may be measured using a green LED and a red/IR LED may be activated in order to measure oxygen saturation (SpO2). As another example, the intensity of the LED may be adjusted, or the gain of the light detector may be controlled depending on the color of the skin. As another example, a measurement cycle may be adjusted to, for example, once per 1 minute, once per 1 hour, or the like depending on a service, and detailed operations, such as whether to perform monitoring for 10 sec or to perform monitoring for 20 sec in one measurement session, may be controlled. Such operations may vary depending on the battery size, the power efficiency, the current consumption of a sensor, the use purpose, and the type of the electronic device”), the intensity of the LED is adjustable based on the color of the user’s skin, which would necessitate a change in the current supplied to the LED. In regards to Kim allegedly failing to teach the feature of the application being continually adjustable, paragraph [0091] as previously cited describes adjusting the operating parameters in response to environmental changes. More specifically, it contemplates varying the LED intensity and measurement cycle, corresponding to items (1) and (3) as detailed in at least claim 1. A program that relies on static conditions would not be able to account for varying skin tones as that variable can change from user to user.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 6-7, 11-14, 20-21 and 24-30 is/are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over Kim (US Pub. 2020/0323489 A1).
Regarding claim 1, Kim discloses a collar device comprising, a collar component (Fig. 4, main body 210) including at least one light emitter and at least one light detector (See Fig. 13. Pg. 6, [0082]: “According to various embodiments, the biometric sensor 320 may include light emission unit (a light source or an emitter) 321 and at least one a light detector 322 or 323. Referring to FIG. 5, in the electronic device 200 according to an embodiment, the light emission unit 321 may be disposed in the center of the rear surface R of the housing 211, and at least one light reception member 322 or 323 may be disposed around the light emission unit 321. Of course, the various components constituting the biometric sensor 320 may have various other forms”);
a spacer component (Fig. 9, circuit board 310) coupled to the collar component, the spacer component having a base (Fig. 4, rear surface R), at least one light emitter tube extending from the base, at least one light detector tube extending from the base and spaced from the at least one light emitter tube to as to define a gap therebetween (Fig. 9 a gap exists between the various components of biometric sensor 320), a first optical pathway aligned with the light emitter and extending through the base and the at least one light emitter tube (Fig. 9, light emission unit 321), a second optical pathway aligned with the light detector and extending through the base and the at least one light detector tube (Fig. 9, light detector 322), a first optical pathway element positioned within the first optical pathway and extending from the light emitter, and a second optical pathway element positioned within the second optical pathway and extending from the light detector (Fig. 9, both the light detector and light emitter have a clear optical pathway through which light travels (See [0083]), the light emitter configured to project light through the first optical pathway element toward skin tissue of an animal, and the detector configured to detect portions of the light reflected by the skin tissue back through the second optical pathway element (Pg. 6, [0081], lines 9-12: “When the electronic device 200 is worn on the corresponding body portion of the user, for example, the biometric sensor 320 may emit light toward the user's body portion and may receive light reflected by the user's body portion”), wherein the at least one light emitter tube and the at least one light detector tube protrude from the collar component (See Fig. 13) and one or more applications running on at least one processor of the collar device configured to receive information of the reflected light and use the information to determine a biological metric, the applications being configured to continually adjust at least one variable parameter of (1) the electric current supplied to the light emitter varied to change the intensity of the light produced by the light emitter, (2) the sensitivity of the light detector varied to change the sensed light output from the light detector, or (3) the period of time varied during which the light emitter produces light and the light detector monitors for the detection of light (Pg. 6, [0087]: “According to various embodiments, the controller 325 may include various processing circuitry and provide an electrical signal to control the operations of the light emission unit 321 and the light reception member 322 or 323, and may receive a signal received by the light reception member 322 or 323. The controller 325 may be connected to a processor (e.g., the processor 120 of FIG. 1) to control the intensity, driving channel, driving period, or the like of the light reception member 321”).
Regarding claim 2, Kim discloses wherein the collar device is attachable to a collar (Fig. 2, wearing member 233).
Regarding claim 6, Kim discloses wherein the biological metric comprises a heart rate of the animal (Pg. 6, [0078], lines 10-15: “For example, when the sensor module 300 includes a biometric sensor, at least one of, for example, and without limitation, the user's photoplethysmogram (PPG), sleep interval, skin temperature, heart rate, or the like, may be detected using the sensor module 300 provided on the rear surface R of the electronic device 200”).
Regarding claim 7, Kim discloses wherein the spacer component comprises a printed circuit board assembly (Pg. 10, [0133]: “FIGS. 12A, 12B, 12C and 12D are diagrams illustrating a plurality of example sub circuit boards 310-1, 310-2, 310-3, and 310-4 of a circuit board 310 included in an electronic device (e.g., the electronic device 200 in FIG. 5) according to various embodiments. FIG. 12A illustrates a first example sub circuit board 310-1, FIG. 12B illustrates a second example sub circuit board 310-2, FIG. 12C illustrates a third example sub circuit board 310-3, and FIG. 12D illustrates a fourth example sub circuit board 310-4”).
Regarding claim 11, Kim discloses wherein the light detector is a photodiode (Pg. 7, [0090], lines 7-12: “As another example, the light reception member 322 or 323 may determine the presence or absence of an object, or may image the shape of the object. The light reception member may include various detectors including, for example, and without limitation, a photodiode, an image sensor, or the like”).
Regarding claim 12, Kim discloses wherein the light emitter is a light emitting diode (See [0091]).
Regarding claim 13, Kim discloses a collar device comprising, a collar component (Fig. 4, main body 210) including a first light emitter and a first light detector (See Fig. 13. Pg. 6, [0082]: “According to various embodiments, the biometric sensor 320 may include light emission unit (a light source or an emitter) 321 and at least one a light detector 322 or 323. Referring to FIG. 5, in the electronic device 200 according to an embodiment, the light emission unit 321 may be disposed in the center of the rear surface R of the housing 211, and at least one light reception member 322 or 323 may be disposed around the light emission unit 321. Of course, the various components constituting the biometric sensor 320 may have various other forms”);
a spacer component (Fig. 9, circuit board 310) coupled to the collar component, the spacer component having a base (Fig. 4, rear surface R), a first optical pathway aligned with the first light emitter and extending through the base (Fig. 9, light emission unit 321), a second optical pathway aligned with the first light detector and extending through the base and the light detector tube (Fig. 9, light detector 322), the first light emitter configured to project light through the first optical pathway element toward skin tissue of an animal (Pg. 6, [0081], lines 9-12: “When the electronic device 200 is worn on the corresponding body portion of the user, for example, the biometric sensor 320 may emit light toward the user's body portion and may receive light reflected by the user's body portion”), and the first light detector configured to detect portions of the light reflected by the skin tissue back through the second optical pathway element (See id), wherein the first optical pathway element protrudes from the base and the collar component (See Fig. 13), the second optical pathway element protrudes from the base and the collar component (See id), and wherein the first optical pathway element is spaced from the first optical pathway element to define an empty space therebetween (See Fig. 13), and one or more applications running on at least one processor of the collar device configured to receive information of the reflected light and use the information to determine a biological metric, the applications being configured to continually adjust at least one variable parameter of (1) varying the electric current to the light emitter to change the intensity of the light produced by the light emitter, or (2) varying the sensitivity of the light detector to change the sensed light output from the light detector (Pg. 6, [0087]: “According to various embodiments, the controller 325 may include various processing circuitry and provide an electrical signal to control the operations of the light emission unit 321 and the light reception member 322 or 323, and may receive a signal received by the light reception member 322 or 323. The controller 325 may be connected to a processor (e.g., the processor 120 of FIG. 1) to control the intensity, driving channel, driving period, or the like of the light reception member 321”).
Regarding claim 14, Kim discloses a first optical pathway element positioned within the first optical pathway and extending from the base, and a second optical pathway element positioned within the second optical pathway and extending from the base (Fig. 9, both the light detector and light emitter have a clear optical pathway through which light travels (See [0083]), wherein the first optical pathway element protrudes from the base and the collar component (See Fig. 13), the second optical pathway element protrudes from the base and the collar component, and wherein the first optical pathway element is spaced from the first optical pathway element to define an empty space therebetween (See Fig. 13, Each of the emitter and receiver are spaced apart and extend from the base).
Regarding claim 20, Kim discloses wherein the biological metric comprises a heart rate of the animal (Pg. 6, [0078], lines 10-15: “For example, when the sensor module 300 includes a biometric sensor, at least one of, for example, and without limitation, the user's photoplethysmogram (PPG), sleep interval, skin temperature, heart rate, or the like, may be detected using the sensor module 300 provided on the rear surface R of the electronic device 200”).
Regarding claim 21, Kim discloses wherein the spacer component comprises a printed circuit board assembly (Pg. 10, [0133]: “FIGS. 12A, 12B, 12C and 12D are diagrams illustrating a plurality of example sub circuit boards 310-1, 310-2, 310-3, and 310-4 of a circuit board 310 included in an electronic device (e.g., the electronic device 200 in FIG. 5) according to various embodiments. FIG. 12A illustrates a first example sub circuit board 310-1, FIG. 12B illustrates a second example sub circuit board 310-2, FIG. 12C illustrates a third example sub circuit board 310-3, and FIG. 12D illustrates a fourth example sub circuit board 310-4”).
Regarding claim 24, Kim discloses wherein the applications is also configured to continually adjust at least one variable parameter of the period of time varied during which the light emitter produces light and the light detector monitors for the detection of light (Pg. 7, [0091]: “According to various embodiments, the processor (e.g., the processor 120 in FIG. 1) may control a biometric sensor (e.g., the biometric sensor 320 in FIG. 5) including the light-emission member 321 and the light reception member 322 or 323. For example, in the case of a sensor having a plurality of LEDs, it is possible to select an LED to be activated depending on the type or service of biometric measurement. As another example, a heart rate may be measured using a green LED and a red/IR LED may be activated in order to measure oxygen saturation (SpO2). As another example, the intensity of the LED may be adjusted, or the gain of the light detector may be controlled depending on the color of the skin. As another example, a measurement cycle may be adjusted to, for example, once per 1 minute, once per 1 hour, or the like depending on a service, and detailed operations, such as whether to perform monitoring for 10 sec or to perform monitoring for 20 sec in one measurement session, may be controlled. Such operations may vary depending on the battery size, the power efficiency, the current consumption of a sensor, the use purpose, and the type of the electronic device”).
Regarding claim 25, Kim discloses a collar device comprising, a collar component (Fig. 4, main body 210) including a first light emitter and a first light detector (See Fig. 13. Pg. 6, [0082]: “According to various embodiments, the biometric sensor 320 may include light emission unit (a light source or an emitter) 321 and at least one a light detector 322 or 323. Referring to FIG. 5, in the electronic device 200 according to an embodiment, the light emission unit 321 may be disposed in the center of the rear surface R of the housing 211, and at least one light reception member 322 or 323 may be disposed around the light emission unit 321. Of course, the various components constituting the biometric sensor 320 may have various other forms”);
a spacer component (Fig. 9, circuit board 310) coupled to the collar component, the spacer component having a base (Fig. 4, rear surface R), a first optical pathway aligned with the first light emitter and extending through the base (Fig. 9, light emission unit 321), a second optical pathway aligned with the first light detector and extending through the base and the light detector tube (Fig. 9, light detector 322), the first light emitter configured to project light through the first optical pathway element toward skin tissue of an animal, and the first light detector configured to detect portions of the light reflected by the skin tissue back through the second optical pathway element (Pg. 6, [0081], lines 9-12: “When the electronic device 200 is worn on the corresponding body portion of the user, for example, the biometric sensor 320 may emit light toward the user's body portion and may receive light reflected by the user's body portion”), wherein the first optical pathway element protrudes from the base and the collar component, the second optical pathway element protrudes from the base and the collar component, and wherein the first optical pathway element is spaced from the first optical pathway element to define an empty space therebetween (See Fig. 13, Each of the emitter and receiver are spaced apart and extend from the base) and one or more applications running on at least one processor of the collar device configured to receive information of the reflected light and use the information to determine a biological metric, the applications being configured to continually adjust the electric current to the light emitter to change the intensity of the light produced by the light emitter (Pg. 6, [0087]: “According to various embodiments, the controller 325 may include various processing circuitry and provide an electrical signal to control the operations of the light emission unit 321 and the light reception member 322 or 323, and may receive a signal received by the light reception member 322 or 323. The controller 325 may be connected to a processor (e.g., the processor 120 of FIG. 1) to control the intensity, driving channel, driving period, or the like of the light reception member 321”).
Regarding claim 26, Kim discloses wherein the application is also configured to continually adjust the sensitivity of the light detector to change the sensed light output from the light detector (See id).
Regarding claim 27, Kim discloses wherein the application is also configured to continually adjust the period of time varied during which the light emitter produces light and the light detector monitors for the detection of light (See id).
Regarding claim 28, Kim discloses a collar device comprising, a collar component (Fig. 4, main body 210) including at least one light emitter and at least one light detector (See Fig. 13. Pg. 6, [0082]: “According to various embodiments, the biometric sensor 320 may include light emission unit (a light source or an emitter) 321 and at least one a light detector 322 or 323. Referring to FIG. 5, in the electronic device 200 according to an embodiment, the light emission unit 321 may be disposed in the center of the rear surface R of the housing 211, and at least one light reception member 322 or 323 may be disposed around the light emission unit 321. Of course, the various components constituting the biometric sensor 320 may have various other forms”);
a spacer component (Fig. 9, circuit board 310) coupled to the collar component, the spacer component having a base (Fig. 4, rear surface R), a first optical pathway aligned with the first light emitter and extending through the base (Fig. 9, light emission unit 321), a second optical pathway aligned with the first light detector and extending through the base and the light detector tube (Fig. 9, light detector 322), the first light emitter configured to project light through the first optical pathway element toward skin tissue of an animal (Pg. 6, [0081], lines 9-12: “When the electronic device 200 is worn on the corresponding body portion of the user, for example, the biometric sensor 320 may emit light toward the user's body portion and may receive light reflected by the user's body portion”), and the first light detector configured to detect portions of the light reflected by the skin tissue back through the second optical pathway element (See id), wherein the first optical pathway element protrudes from the base and the collar component, the second optical pathway element protrudes from the base and the collar component (See Fig. 13), and wherein the first optical pathway element is spaced from the first optical pathway element to define an empty space therebetween (See Fig. 13, Each of the emitter and receiver are spaced apart and extend from the base), and one or more applications running on at least one processor of the collar device configured to receive information of the reflected light and use the information to determine a biological metric, the applications being configured to continually adjust the sensitivity of the light detector to change the sensed light output from the light detector (Pg. 6, [0087]: “According to various embodiments, the controller 325 may include various processing circuitry and provide an electrical signal to control the operations of the light emission unit 321 and the light reception member 322 or 323, and may receive a signal received by the light reception member 322 or 323. The controller 325 may be connected to a processor (e.g., the processor 120 of FIG. 1) to control the intensity, driving channel, driving period, or the like of the light reception member 321”).
Regarding claim 29, Kim discloses wherein the application is also configured to continually adjust the electric current to the light emitter to change the intensity of the light produced by the light emitter (See id).
Regarding claim 30, Kim discloses wherein the application is also configured to continually adjust the period of time varied during which the light emitter produces light and the light detector monitors for the detection of light (See id).
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.
Claims 3-5 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US Pub. 2020/0323489 A1) in view of Allec (US Pub. 2017/0325698 A1).
Regarding claim 3, Kim discloses the claimed invention except for as taught by Allec, wherein each optical pathway element comprises translucent material. (Pg. 16, [0151], lines 1-18: “In some variations, the protrusions may have one or more curves or contours that apply pressure to the skin when the device is worn by the individual. For example, the one or more protrusions may comprise one or more curves or contours that may be convex, and/or concave, and/or convex in some regions and concave in other regions. In some variations, the convex regions of the one or more protrusions may be disposed over the light paths of the light emitter(s) and/or light sensor(s). In other variations, the concave regions of the one or more protrusions may be disposed over the light paths of the light emitter(s) and/or light sensor(s). The one or more protrusions may comprise transparent and/or opaque regions. The regions of the protrusion(s) that are located within the illumination field and/or field-of-view (i.e., optical path or light path) of the light emitter(s) and light sensor(s) may be transparent or translucent, while other regions of the protrusion may be opaque”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the optical pathway elements of Kim to be translucent as taught by Allec to filter out undesired wavelengths of light.
Regarding claim 4, Kim discloses the claimed invention except for as taught by Allec, wherein each optical pathway element is cylindrical (Comparing Figs. 3A and 3B, the apertures have a rectangular profile in one plane and a circular profile in a second plane implying that they are cylindrical).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Kim to have cylindrical pathways as taught by Allec as it is a common shape for lenses.
Regarding claim 5, Kim discloses the claimed invention except for as taught by Allec, wherein lateral surfaces of the optical pathway elements comprise an opaque coating (Pg. 16, [0151], lines 12-18: The one or more protrusions may comprise transparent and/or opaque regions. The regions of the protrusion(s) that are located within the illumination field and/or field-of-view (i.e., optical path or light path) of the light emitter(s) and light sensor(s) may be transparent or translucent, while other regions of the protrusion may be opaque”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Kim to have an opaque surface as taught by Allec to better direct the light towards the detectors.
Regarding claim 17, Kim discloses the claimed invention except for as taught by Allec, wherein each optical pathway element comprises translucent material. (Pg. 16, [0151], lines 1-18: “In some variations, the protrusions may have one or more curves or contours that apply pressure to the skin when the device is worn by the individual. For example, the one or more protrusions may comprise one or more curves or contours that may be convex, and/or concave, and/or convex in some regions and concave in other regions. In some variations, the convex regions of the one or more protrusions may be disposed over the light paths of the light emitter(s) and/or light sensor(s). In other variations, the concave regions of the one or more protrusions may be disposed over the light paths of the light emitter(s) and/or light sensor(s). The one or more protrusions may comprise transparent and/or opaque regions. The regions of the protrusion(s) that are located within the illumination field and/or field-of-view (i.e., optical path or light path) of the light emitter(s) and light sensor(s) may be transparent or translucent, while other regions of the protrusion may be opaque”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the optical pathway elements of Kim to be translucent as taught by Allec to filter out undesired wavelengths of light.
Regarding claim 18, Kim discloses the claimed invention except for as taught by Allec, wherein each optical pathway element is cylindrical (Comparing Figs. 3A and 3B, the apertures have a rectangular profile in one plane and a circular profile in a second plane implying that they are cylindrical).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Kim to have cylindrical pathways as taught by Allec as it is a common shape for lenses.
Regarding claim 19, Kim discloses the claimed invention except for as taught by Allec, wherein lateral surfaces of the optical pathway elements comprise an opaque coating (Pg. 16, [0151], lines 12-18: The one or more protrusions may comprise transparent and/or opaque regions. The regions of the protrusion(s) that are located within the illumination field and/or field-of-view (i.e., optical path or light path) of the light emitter(s) and light sensor(s) may be transparent or translucent, while other regions of the protrusion may be opaque”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Kim to have an opaque surface as taught by Allec to better direct the light towards the detectors.
Claims 8-10, 15-16, and 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US Pub. 2020/0323489 A1).
Regarding claim 8, Kim discloses the claimed invention except for wherein the at least one light emitter includes three light emitters, wherein the at least one light detector includes two light detectors, wherein the at least one light emitter tube includes three light emitter tubes, wherein at least one light detector tube includes two light detector tubes, wherein the spacer component further includes a third optical pathway and a third optical pathway element aligned with one light emitter, a fourth optical pathway and a fourth optical pathway element aligned with one light detector, and a fifth optical pathway and a fifth optical pathway element aligned with one light detector. It would have been obvious to one having ordinary skill in the art at the time the invention was made to include additional light detectors and emitters and their associated tubes and optical pathways in order to increase the redundancy of the system, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Regarding claim 9, Kim as modified discloses the claimed invention in addition to wherein a first light detector tube is positioned between a first light emitter tube and a second light emitter tube, and a second light detector tube is positioned between the second light emitter tube and a third light emitter tube (It is an obvious configuration of components to alternate between detectors and emitters arranged in a row so that each detector is adjacent to the emitter whose light is detected).
Regarding claim 10, Kim as modified discloses the claimed invention in addition to wherein each light detector tube is spaced from the adjacent light detector tube to form a gap therebetween (See Fig. 13).
Regarding claim 15, Kim discloses the claimed invention except for wherein the collar device has three light emitters, wherein the collar device has two light detectors, wherein the spacer component further includes a third optical pathway element spaced from the second optical pathway element, a fourth optical pathway element spaced from the third optical pathway element, and a fifth optical pathway element spaced from the fourth optical pathway element. It would have been obvious to one having ordinary skill in the art at the time the invention was made to include additional light detectors and emitters and their associated tubes and optical pathways in order to increase the redundancy of the system, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Regarding claim 16, Kim as modified discloses the claimed invention in addition to wherein the spacer include five light detector tubes, and wherein the first optical pathway element is positioned within a first light detector tube, the second optical pathway element is positioned within a second light detector tube, the third optical pathway element is positioned within a third light detector tube, the fourth optical pathway element is positioned within a fourth light detector tube, and the fifth optical pathway element is positioned within a fifth light detector tube, each of the five light detector tubes being spaced apart from all other light detector tubes so as to form spaces between each pair of light detector tubes (The addition of emitters and detectors to the device of Kim necessitates the pathway elements arranged in the prescribed configuration).
Regarding claim 22, Kim discloses the claimed invention except for wherein the at least one light emitter includes three light emitters, wherein the at least one light detector includes two light detectors, wherein the at least one light emitter tube includes three light emitter tubes, wherein at least one light detector tube includes two light detector tubes, wherein the spacer component further includes a third optical pathway and a third optical pathway element aligned with one light emitter, a fourth optical pathway and a fourth optical pathway element aligned with one light detector, and a fifth optical pathway and a fifth optical pathway element aligned with one light detector. It would have been obvious to one having ordinary skill in the art at the time the invention was made to include additional light detectors and emitters and their associated tubes and optical pathways in order to increase the redundancy of the system, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Regarding claim 23, Kim as modified discloses the claimed invention in addition to wherein a first light detector tube is positioned between a first light emitter tube and a second light emitter tube, and a second light detector tube is positioned between the second light emitter tube and a third light emitter tube (It is an obvious configuration of components to alternate between detectors and emitters arranged in a row so that each detector is adjacent to the emitter whose light is detected).
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 HENRY HOOPER MUDD whose telephone number is (571)272-5941. The examiner can normally be reached Monday-Friday 8am-5pm.
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/HENRY HOOPER MUDD/Examiner, Art Unit 3642 /JOSHUA J MICHENER/Supervisory Patent Examiner, Art Unit 3642