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 .
Claim Objections
Claim 34 objected to because of the following informalities:
Claim 34 depends on cancelled claim 33. To promote compact prosecution, the Examiner will interpret claim 34 to depend on claim 30. Appropriate correction is required, including revision to avoid any 112(b) issues.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-22, 26-30, and 34-41 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Specifically, representative Claim 1 recites:
A method for multi-dimensional sensing, the method comprising:
receiving a sensor signal from a single optical sensor proximate to a measurement region;
determining a plurality of sensor responses from the sensor signal; and
generating a plurality of measurement signals from the plurality of sensor responses, wherein each of the measurement signals corresponds to a different respective physical signal of the measurement region.
The claim limitations in the abstract idea have been highlighted in bold above; the remaining limitations are “additional elements”.
Under the Step 1 of the eligibility analysis, we determine whether the claims are to a statutory category by considering whether the claimed subject matter falls within the four statutory categories of patentable subject matter identified by 35 U.S.C. 101: Process, machine, manufacture, or composition of matter. The above claim is considered to be in a statutory category (process).
Under the Step 2A, Prong One, we consider whether the claim recites a judicial exception (abstract idea). In the above claim, the highlighted portion constitutes an abstract idea because, under a broadest reasonable interpretation, it recites limitations that fall into/recite an abstract idea exceptions. Specifically, under the 2019 Revised Patent Subject matter Eligibility Guidance, it falls into the grouping of subject matter when recited as such in a claim limitation, that covers mental processes – concepts performed in the human mind including an observation, evaluation, judgement, and/or opinion.
For example, steps of “determining a plurality of sensor responses from the sensor signal (making determinations based on the signal); and
generating a plurality of measurement signals from the plurality of sensor responses, wherein each of the measurement signals corresponds to a different respective physical signal of the measurement region (separating the signal into desired components)” are treated by the Examiner as belonging to mental process grouping.
Similar limitations comprise the abstract ideas of Claim 26.
Next, under the Step 2A, Prong Two, we consider whether the claim that recites a judicial exception is integrated into a practical application.
In this step, we evaluate whether the claim recites additional elements that integrate the exception into a practical application of that exception.
The above claims comprise the following additional elements:
Claim 1: A method for multi-dimensional sensing, the method comprising: receiving a sensor signal from a single optical sensor proximate to a measurement region;
Claim 26: A system for multi-dimensional sensing of a measurement region, the system comprising: an optical sensor; a signal processor configured to: receive a sensor signal from the optical sensor;.
The additional element in the preamble of “A method/system for multi-dimensional sensing of a measurement region” is not qualified for a meaningful limitation because it only generally links the use of the judicial exception to a particular technological environment or field of use. Receiving a sensor signal from an optical sensor represents a mere data gathering step and only adds an insignificant extra-solution activity to the judicial exception. A signal processor (generic processor) is generally recited and not qualified as a particular machine.
In conclusion, the above additional elements, considered individually and in combination with the other claim elements do not reflect an improvement to other technology or technical field, and, therefore, do not integrate the judicial exception into a practical application. Therefore, the claims are directed to a judicial exception and require further analysis under the Step 2B.
However, the above claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception (Step 2B analysis).
The claims, therefore, are not patent eligible.
With regards to the dependent claims, claims 2-22, 27-30, 34-38, 40, and 41 provide additional features/steps which are part of an expanded algorithm, so these limitations should be considered part of an expanded abstract idea of the independent claims.
Claim Rejections - 35 USC § 102
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 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, 4-7, 9, 10, 12, 16-19, 26, 29, and 35 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by O’Brien et al. (US 20100179444 A1), hereinafter “O’Brien”.
Regarding Claim 1, O’Brien teaches a method for multi-dimensional sensing, the method comprising:
receiving a sensor signal from a single optical sensor proximate to a measurement region (O’Brien [0046] Sensor module 101 may be a single sensor or any combination of sensors generating an n-dimensional signal responsive to physiological variables. Sensor module 101 may include an optical sensor 30 as described above generating an n-wavelength optical signal. Also see [0047] Input module 102 acquires sensor signal(s) when enabled for sensing by controller 106 by control/status line 110. Input module 102 may perform pre-processing signal conditioning, such as analog filtering. Input module 102 provides an n-dimensional signal to digital signal processor (DSP) module 104.);
determining a plurality of sensor responses from the sensor signal (O’Brien [0048] DSP 104 receives the n-dimensional sensor signal and performs adaptive processing to provide a signal having a reduced dimensionality that can be used by controller 106 to monitor a patient condition and appropriately control output module 108. For an n-dimensional signal, up to n-1 dimensions can be eliminated based on PCA to allow the sensed signal response to a variable of interest to be analyzed for efficient and accurate detection of a patient condition.); and
generating a plurality of measurement signals from the plurality of sensor responses, wherein each of the measurement signals corresponds to a different respective physical signal of the measurement region (O’Brien [0048] The adaptive processing performed by DSP 104, which includes PCA, computes the principal components of the n-dimensional signal variation under known variable conditions. PCA may be performed to compute the principal components of the signal data in response to one or more known conditions relating to a variable of interest.).
Regarding Claim 4, O’Brien further teaches wherein the physical signals of an environment comprises two or more of a temperature, a pressure, and an acoustic wave of the environment (O’Brien [0023] The term "physiological sensor" as used herein refers to any sensor, such as an electrode or transducer, that is responsive to a physiological phenomenon and generates a signal correlated to the physiological phenomenon. Such sensors may be responsive to electrical, chemical or mechanical phenomenon. Examples of physiological sensors include, but are not limited to, electrodes, optical sensors, pressure sensors, acoustic sensors, pH or other blood chemistry sensors, motion sensors such as accelerometers and MEMs-based sensors.).
Regarding Claim 5, O’Brien further teaches wherein generating the plurality of measurement signals further comprises decoupling at least a portion of the physical signals (O’Brien [0097] The eigenvalue matrix is an n.times.n diagonal matrix containing the squares of the eigenvalues for the eigenvectors along its diagonal. The eigenvalue matrix column containing the highest eigenvalue indicates the most significant relationship between the signal dimensions. The largest eigenvalue can thus be used to identify the eigenvector defining the first principal component of the signal data for the known variable conditions. When n-dimensional signal data is acquired, the eigenvectors corresponding to the highest eigenvalues may be selected and other eigenvectors, associated with the least significant variation of the signal data, may be ignored, allowing the number of dimensions to be reduced in an analysis of the data.).
Regarding Claim 6, O’Brien further teaches wherein decoupling at least a portion of the physical signals further comprises:
analyzing a first sensor response of the plurality of sensor responses for a first time period (O’Brien [0050] Controller 106 analyzes the digitally processed signal provided by DSP 104 to detect a patient condition using a detection algorithm which applies detection criteria to the received signal or metrics derived therefrom. Controller 106 may adaptively select artifacts to cancel based on results of the PCA.);
generating a first measurement signal for the first time period based on the first sensor response (O’Brien [0048] The adaptive processing performed by DSP 104, which includes PCA, computes the principal components of the n-dimensional signal variation under known variable conditions. PCA may be performed to compute the principal components of the signal data in response to one or more known conditions relating to a variable of interest. PCA may additionally or alternatively be performed to compute the principal components of the signal data in response to one or more known conditions for artifacts. Input from sensors 101 may be used to identify the variable conditions.);
analyzing a second sensor response of the plurality of sensor responses for a second time period (O’Brien [0050] Controller 106 analyzes the digitally processed signal provided by DSP 104 to detect a patient condition using a detection algorithm which applies detection criteria to the received signal or metrics derived therefrom. Controller 106 may adaptively select artifacts to cancel based on results of the PCA. Also see [0052] The ability to adapt digital signal processing and the selection of sensor signals (and sensors) over time allows IMD 10 to accommodate situations in which artifact and signal characteristics change over time. By periodically repeating signal processing operations, DSP 104 provides data from which controller 106 can select signals or sensors to be used. ); and
generating a second measurement signal for the second time period based on the second sensor response (O’Brien [0048] The adaptive processing performed by DSP 104, which includes PCA, computes the principal components of the n-dimensional signal variation under known variable conditions. PCA may be performed to compute the principal components of the signal data in response to one or more known conditions relating to a variable of interest. PCA may additionally or alternatively be performed to compute the principal components of the signal data in response to one or more known conditions for artifacts. Input from sensors 101 may be used to identify the variable conditions.).
Regarding Claim 7, O’Brien further teaches analyzing a third sensor response of the plurality of sensor responses for a third time period (O’Brien [0050] Controller 106 analyzes the digitally processed signal provided by DSP 104 to detect a patient condition using a detection algorithm which applies detection criteria to the received signal or metrics derived therefrom. Controller 106 may adaptively select artifacts to cancel based on results of the PCA.); and
generating a third measurement signal for the third time period based on the third sensor response (O’Brien [0048] The adaptive processing performed by DSP 104, which includes PCA, computes the principal components of the n-dimensional signal variation under known variable conditions. PCA may be performed to compute the principal components of the signal data in response to one or more known conditions relating to a variable of interest. PCA may additionally or alternatively be performed to compute the principal components of the signal data in response to one or more known conditions for artifacts. Input from sensors 101 may be used to identify the variable conditions.);
Regarding Claim 9, O’Brien further teaches wherein decoupling at least a portion of the physical signals comprises selectively altering the environment based on a targeted physical signal (O’Brien [0122] Initially, template 262 may be corrected for ambient light contributions 302 when the n-dimension signal is an optical signal.).
Regarding Claim 10, O’Brien further teaches wherein decoupling at least a portion of the physical signals comprises suppressing one or more of the physical signals different from the targeted physical signal (O’Brien [0122] Initially, template 262 may be corrected for ambient light contributions 302 when the n-dimension signal is an optical signal.).
Regarding Claim 12, O’Brien further teaches wherein suppressing the one or more physical signals comprises modifying one or more of a temperature, a pressure, and an acoustic property of the environment (O’Brien [0076] FIG. 6 is a schematic diagram of an optical sensor and the signal conditioning module 200 of FIG. 5. Signal conditioning module 200 is used to provide an n-dimensional signal to the training module 250 of FIG. 5 for computing and storing signal templates. Also see [0079] Furthermore, signal conditioning module 200 may be adapted to receive any of the n-dimensional sensor signals).
Regarding Claim 16, O’Brien further teaches associating a first sensor response of the plurality of sensor responses with a first physical signal (O’Brien [0050] Controller 106 analyzes the digitally processed signal provided by DSP 104 to detect a patient condition using a detection algorithm which applies detection criteria to the received signal or metrics derived therefrom. Controller 106 may adaptively select artifacts to cancel based on results of the PCA. Controller 106 can also use the results of the processing by DSP 104 to selectively enable or disable sensors 101, or to select physiological signals processed by DSP 104.), and
associating a second sensor response of the plurality of sensor responses with a second physical signal (O’Brien [0050] Controller 106 analyzes the digitally processed signal provided by DSP 104 to detect a patient condition using a detection algorithm which applies detection criteria to the received signal or metrics derived therefrom. Controller 106 may adaptively select artifacts to cancel based on results of the PCA. Controller 106 can also use the results of the processing by DSP 104 to selectively enable or disable sensors 101, or to select physiological signals processed by DSP 104. Also see [0052] The ability to adapt digital signal processing and the selection of sensor signals (and sensors) over time allows IMD 10 to accommodate situations in which artifact and signal characteristics change over time. By periodically repeating signal processing operations, DSP 104 provides data from which controller 106 can select signals or sensors to be used.).
Regarding Claim 17, O’Brien further teaches applying a signal transformation function to the plurality of sensor responses (O’Brien [0038] FIG. 2 is a diagram illustrating concepts of PCA applied to a multi-dimensional signal. PCA is a linear transformation of data to an n-dimensional coordinate system. Also see [0047] Input module 102 acquires sensor signal(s) when enabled for sensing by controller 106 by control/status line 110. Input module 102 may perform pre-processing signal conditioning, such as analog filtering.).
Regarding Claim 18, O’Brien further teaches wherein the signal transformation function comprises a signal transformation matrix (O’Brien [0038] FIG. 2 is a diagram illustrating concepts of PCA applied to a multi-dimensional signal. PCA is a linear transformation of data to an n-dimensional coordinate system. Also see [0040] As will be described herein, a principal component of variation of the multi-dimensional signal under known variable conditions can be determined using PCA. In PCA, the greatest variance of the data along a projection in the n-dimensional coordinate system is defined to lie along an axis referred to as the "first principal component". The second greatest variance of the data defines a second axis, and so on. PCA can be used to efficiently model multi-dimensional data using fewer dimensions. In practice, the first principal component of the signal data is determined under known variable conditions and stored as a template to reflect the greatest variance of the multi-dimensional signal under the known variable conditions. Other principal components associated with smaller variation can be ignored.).
Regarding Claim 19, O’Brien further teaches wherein the optical sensor comprises a first optical sensor of an array of optical sensors (O’Brien [0046] Sensor module 101 may include an optical sensor 30 as described above generating an n-wavelength optical signal.).
Regarding Claim 26, O’Brien teaches a system for multi-dimensional sensing of a measurement region, the system comprising:
an optical sensor (O’Brien [0046] Sensor module 101 may be a single sensor or any combination of sensors generating an n-dimensional signal responsive to physiological variables. Sensor module 101 may include an optical sensor 30 as described above generating an n-wavelength optical signal. See Fig. 3 101);
a signal processor (O’Brien [0047] Input module 102 provides an n-dimensional signal to digital signal processor (DSP) module 104. See Fig. 3 104) configured to:
receive a sensor signal from the optical sensor (O’Brien [0047] Input module 102 acquires sensor signal(s) when enabled for sensing by controller 106 by control/status line 110. Input module 102 may perform pre-processing signal conditioning, such as analog filtering. Input module 102 provides an n-dimensional signal to digital signal processor (DSP) module 104.);
determine a plurality of sensor responses from the sensor signal (O’Brien [0048] DSP 104 receives the n-dimensional sensor signal and performs adaptive processing to provide a signal having a reduced dimensionality that can be used by controller 106 to monitor a patient condition and appropriately control output module 108. For an n-dimensional signal, up to n-1 dimensions can be eliminated based on PCA to allow the sensed signal response to a variable of interest to be analyzed for efficient and accurate detection of a patient condition.); and
generate a plurality of measurement signals from the plurality of sensor responses, wherein each measurement signal corresponds to a different respective physical signal of the measurement region (O’Brien [0048] The adaptive processing performed by DSP 104, which includes PCA, computes the principal components of the n-dimensional signal variation under known variable conditions. PCA may be performed to compute the principal components of the signal data in response to one or more known conditions relating to a variable of interest.).
Regarding Claim 29, O’Brien further teaches wherein the physical signals of an environment comprises two or more of a temperature, a pressure, and an acoustic wave of the environment (O’Brien [0023] The term "physiological sensor" as used herein refers to any sensor, such as an electrode or transducer, that is responsive to a physiological phenomenon and generates a signal correlated to the physiological phenomenon. Such sensors may be responsive to electrical, chemical or mechanical phenomenon. Examples of physiological sensors include, but are not limited to, electrodes, optical sensors, pressure sensors, acoustic sensors, pH or other blood chemistry sensors, motion sensors such as accelerometers and MEMs-based sensors.).
Regarding Claim 35, O’Brien further teaches wherein the optical sensor comprises a first optical sensor of an array of optical sensors and wherein the system further comprises the array of optical sensors (O’Brien [0046] Sensor module 101 may include an optical sensor 30 as described above generating an n-wavelength optical signal.).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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) 2, 3, 27, and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over O’Brien (as stated above) in view of Chakravarty et al. (US 20140378328 A1), hereinafter “Chakravarty”.
Regarding Claim 2, O’Brien is not relied upon to further teach wherein a sensor response of the plurality of sensor responses is selected from the group consisting of one or more of a mode shift, a baseline drift, a mode split, a mode broadening, and any combination thereof.
Chakravarty teaches wherein a sensor response of the plurality of sensor responses is selected from the group consisting of one or more of a mode shift, a baseline drift, a mode split, a mode broadening, and any combination thereof (Chakravarty [0011] The second embodiment of the invention provides methods to monitor the resonance mode shift of the transmission spectrum of the two-dimensional photonic crystal sensor. Also see [0018] The fifth objective of the invention is to develop effective modulation methods to monitor the resonant mode shift of the photonic crystal sensor, and to further develop effective methods to monitor multiple resonance mode shifts for multiplexed analyte detection. And [0094] In addition, the present invention provides methods and systems to monitor the resonance mode shift of the photonic crystal sensor, including wavelength modulation, intensity modulation, or both.).
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the instant application, to modify O’Brien in view of Chakravarty, to explicitly teach wherein a sensor response of the plurality of sensor responses is selected from the group consisting of one or more of a mode shift, a baseline drift, a mode split, a mode broadening, and any combination thereof, to allow the system to control the optical sensitivity of the sensors (Chakravarty [0055] By reducing the diameter of the columnar members 601-610, the dielectric fraction inside the resonant mode of 202 is increased which brings the frequency of the mode down, closer to the dotted line 192 in FIG. 6. The diameter of the columnar members 601-610 can thus be changed in step to achieve a new microcavity design with a different resonant frequency. The parameters of the waveguide are adjusted to change the resonant mode).
Regarding Claim 3, O’Brien in view of Chakravarty (as stated above) further teaches wherein the sensor response comprises a mode shift comprising one or more of a change in a resonant frequency, a change in depth, and a change in shape (Chakravarty [0055] By reducing the diameter of the columnar members 601-610, the dielectric fraction inside the resonant mode of 202 is increased which brings the frequency of the mode down, closer to the dotted line 192 in FIG. 6. The diameter of the columnar members 601-610 can thus be changed in step to achieve a new microcavity design with a different resonant frequency.).
Regarding Claim 27, O’Brien is not relied upon to further teach wherein a sensor response of the plurality of sensor responses is selected from the group consisting of one or more of a mode shift, a baseline drift, a mode split, and a mode broadening.
Chakravarty teaches wherein a sensor response of the plurality of sensor responses is selected from the group consisting of one or more of a mode shift, a baseline drift, a mode split, and a mode broadening (Chakravarty [0011] The second embodiment of the invention provides methods to monitor the resonance mode shift of the transmission spectrum of the two-dimensional photonic crystal sensor. Also see [0018] The fifth objective of the invention is to develop effective modulation methods to monitor the resonant mode shift of the photonic crystal sensor, and to further develop effective methods to monitor multiple resonance mode shifts for multiplexed analyte detection. And [0094] In addition, the present invention provides methods and systems to monitor the resonance mode shift of the photonic crystal sensor, including wavelength modulation, intensity modulation, or both.).
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the instant application, to modify O’Brien in view of Chakravarty, to explicitly teach wherein a sensor response of the plurality of sensor responses is selected from the group consisting of one or more of a mode shift, a baseline drift, a mode split, and a mode broadening, to allow the system to control the optical sensitivity of the sensors (Chakravarty [0055] By reducing the diameter of the columnar members 601-610, the dielectric fraction inside the resonant mode of 202 is increased which brings the frequency of the mode down, closer to the dotted line 192 in FIG. 6. The diameter of the columnar members 601-610 can thus be changed in step to achieve a new microcavity design with a different resonant frequency. The parameters of the waveguide are adjusted to change the resonant mode).
Regarding Claim 28, O’Brien in view of Chakravarty (as stated above) further teaches wherein the sensor response comprises a mode shift comprising one or more of a change in resonant frequency, a change in depth, and a change in shape (Chakravarty [0055] By reducing the diameter of the columnar members 601-610, the dielectric fraction inside the resonant mode of 202 is increased which brings the frequency of the mode down, closer to the dotted line 192 in FIG. 6. The diameter of the columnar members 601-610 can thus be changed in step to achieve a new microcavity design with a different resonant frequency.).
Claim(s) 8, 11, 13-15, 20, and 36-38 is/are rejected under 35 U.S.C. 103 as being unpatentable over O’Brien (as stated above) in view of Magar et al. (US 20150289814 A1), hereinafter “Magar”.
Regarding Claim 8, O’Brien further teaches wherein the first sensor response comprises a mode shift (O’Brien [0093] The filter time constant 258 is selected according to an expected frequency of the variable of interest or the artifact for which the template is being generated, thus providing a cleaner signal from which the template will be computed. For example, if the principal component for a cardiac variable is desired during normal sinus rhythm, the time constant 258 may be set to allow the covariance matrix to be filtered with a frequency that retains signal variations that occur with the cardiac variable, e.g. at a frequency centered around approximately 1 Hz, and filters variations that occur at other frequencies due to artifacts such as respiration or body motion.), and
wherein the second sensor response comprises a baseline shift (O’Brien [0081] In addition to saturation logic 214, a dark interval correction block (not shown) could optionally be included to correct for baseline offset due to current leakage within the optical sensor electronics that occurs in the absence of light.) and the second measurement signal corresponds to pressure (O’Brien [0023] Examples of physiological sensors include, but are not limited to, electrodes, optical sensors, pressure sensors,).
O’Brien is not relied upon to teach the first measurement signal corresponds to temperature.
Magar teaches the first measurement signal corresponds to temperature (Magar [0297] A distributed sensor based mobile/remote monitoring system for the management of various types of diseases is disclosed. The system is capable of continuously monitoring a variety of parameters relating to the state of various diseases. The parameter monitoring can be continuous, periodic or episodic. Some of the parameters that can be monitored by the system are ECG (electrocardiograph), EEG (electroencephalograph), EMG (Electromyography), blood glucose, pulse, respiration, blood pressure, temperature).
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the instant application, to modify O’Brien in view of Magar, to explicitly teach the first measurement signal corresponds to temperature, to allow monitoring of temperature, which is important when monitoring vital signs of a patient and their environment (Magar [0297]).
Regarding Claim 11, O’Brien is not relied upon to further teach wherein suppressing one or more of the physical signals comprises adjusting the environment such that the one or more physical signals different from the target physical signal is within a first sensitivity signal region of the optical sensor.
Magar teaches wherein suppressing one or more of the physical signals comprises adjusting the environment such that the one or more physical signals different from the target physical signal is within a first sensitivity signal region of the optical sensor (Magar [0137] One aspect of the invention is the utilization of the μ-Base as a master device, where the μ-Base can test, control, and monitor the functions of μ-Patches and/or μ-Gates by sending and/or receiving test signals and/or control signals. Examples of functions that are controlled by the μ-Base include initialization and link set up, power management, data packet routing, type of transmission radio, radio transmit-power, radio receive-sensitivity, patch operational integrity, audio tone generation, display activation, or a combination thereof. ).
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the instant application, to modify O’Brien in view of Magar, to explicitly teach wherein suppressing one or more of the physical signals comprises adjusting the environment such that the one or more physical signals different from the target physical signal is within a first sensitivity signal region of the optical sensor, so that the system performance can be dynamically adjusted, for example, due to a change in radio environment or a change in person's condition as monitored by the MSP 104 (Magar [0228]).
Regarding Claim 13, O’Brien is not relied upon to further teach increasing a sensitivity of the optical sensor to the targeted physical signal.
Magar teaches increasing a sensitivity of the optical sensor to the targeted physical signal (Magar [0137] One aspect of the invention is the utilization of the μ-Base as a master device, where the μ-Base can test, control, and monitor the functions of μ-Patches and/or μ-Gates by sending and/or receiving test signals and/or control signals. Examples of functions that are controlled by the μ-Base include initialization and link set up, power management, data packet routing, type of transmission radio, radio transmit-power, radio receive-sensitivity, patch operational integrity, audio tone generation, display activation, or a combination thereof. The system can be adjusted based on requirements).
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the instant application, to modify O’Brien in view of Magar, to explicitly teach increasing a sensitivity of the optical sensor to the targeted physical signal, so that the system performance can be dynamically adjusted, for example, due to a change in radio environment or a change in person's condition as monitored by the MSP 104 (Magar [0228]).
Regarding Claim 14, O’Brien in view of Magar (as stated above) further teaches wherein increasing the sensitivity of the optical sensor comprises adjusting an environment of the optical sensor such that the target physical signal is within a second sensitivity signal region of the optical sensor different from the first sensitivity signal region (Magar [0137] One aspect of the invention is the utilization of the μ-Base as a master device, where the μ-Base can test, control, and monitor the functions of μ-Patches and/or μ-Gates by sending and/or receiving test signals and/or control signals. Examples of functions that are controlled by the μ-Base include initialization and link set up, power management, data packet routing, type of transmission radio, radio transmit-power, radio receive-sensitivity, patch operational integrity, audio tone generation, display activation, or a combination thereof. Also see [0228] The MSP (μ-Base) 104 can control the functionality and performance of its peripheral/patches based on the requirement defined for the overall system. The system performance can be dynamically adjusted, for example, due to a change in radio environment or a change in person's condition as monitored by the MSP 104.).
Regarding Claim 15, O’Brien in view of Magar (as stated above) further teaches analyzing a first sensor response of the plurality of sensor responses for a first time period associated with the first sensitivity signal region (O’Brien [0050] Controller 106 analyzes the digitally processed signal provided by DSP 104 to detect a patient condition using a detection algorithm which applies detection criteria to the received signal or metrics derived therefrom. Controller 106 may adaptively select artifacts to cancel based on results of the PCA.); and
generating a first measurement signal corresponding to the target physical signal (O’Brien [0048] The adaptive processing performed by DSP 104, which includes PCA, computes the principal components of the n-dimensional signal variation under known variable conditions. PCA may be performed to compute the principal components of the signal data in response to one or more known conditions relating to a variable of interest. PCA may additionally or alternatively be performed to compute the principal components of the signal data in response to one or more known conditions for artifacts. Input from sensors 101 may be used to identify the variable conditions.).
Regarding Claim 20, O’Brien further teaches wherein the sensor signal comprises a first sensor signal (O’Brien [0046] Sensor module 101 may be a single sensor or any combination of sensors generating an n-dimensional signal responsive to physiological variables. Sensor module 101 may include an optical sensor 30 as described above generating an n-wavelength optical signal. Also see [0047] Input module 102 acquires sensor signal(s) when enabled for sensing by controller 106 by control/status line 110. Input module 102 may perform pre-processing signal conditioning, such as analog filtering. Input module 102 provides an n-dimensional signal to digital signal processor (DSP) module 104.) and the plurality of sensor responses comprises a first plurality of sensor responses (O’Brien [0048] DSP 104 receives the n-dimensional sensor signal and performs adaptive processing to provide a signal having a reduced dimensionality that can be used by controller 106 to monitor a patient condition and appropriately control output module 108. For an n-dimensional signal, up to n-1 dimensions can be eliminated based on PCA to allow the sensed signal response to a variable of interest to be analyzed for efficient and accurate detection of a patient condition.), wherein the method further comprises:
receiving a second sensor signal from a second optical sensor of the array of optical sensors ( (O’Brien [0046] Sensor module 101 may be a single sensor or any combination of sensors generating an n-dimensional signal responsive to physiological variables. Sensor module 101 may include an optical sensor 30 as described above generating an n-wavelength optical signal. Also see [0047] Input module 102 acquires sensor signal(s) when enabled for sensing by controller 106 by control/status line 110. Input module 102 may perform pre-processing signal conditioning, such as analog filtering. Input module 102 provides an n-dimensional signal to digital signal processor (DSP) module 104.). Also see [0052] The ability to adapt digital signal processing and the selection of sensor signals (and sensors) over time allows IMD 10 to accommodate situations in which artifact and signal characteristics change over time. By periodically repeating signal processing operations, DSP 104 provides data from which controller 106 can select signals or sensors to be used. );
determining a second plurality of sensor responses from the second optical sensor (O’Brien [0048] DSP 104 receives the n-dimensional sensor signal and performs adaptive processing to provide a signal having a reduced dimensionality that can be used by controller 106 to monitor a patient condition and appropriately control output module 108. For an n-dimensional signal, up to n-1 dimensions can be eliminated based on PCA to allow the sensed signal response to a variable of interest to be analyzed for efficient and accurate detection of a patient condition.); and
generating a first measurement signal indicative of a first physical signal, wherein the first measurement signal is based on the first plurality of sensor responses for the first optical sensor, the second plurality of sensor responses for the second optical sensor (O’Brien [0048] The adaptive processing performed by DSP 104, which includes PCA, computes the principal components of the n-dimensional signal variation under known variable conditions. PCA may be performed to compute the principal components of the signal data in response to one or more known conditions relating to a variable of interest.).
O’Brien is not relied upon to further teach wherein the first measurement signal is based on sensitivities of the first and second optical sensors to the first physical signal and a second physical signal.
Magar teaches wherein the first measurement signal is based on sensitivities of the first and second optical sensors to the first physical signal and a second physical signal (Magar [0137] One aspect of the invention is the utilization of the μ-Base as a master device, where the μ-Base can test, control, and monitor the functions of μ-Patches and/or μ-Gates by sending and/or receiving test signals and/or control signals. Examples of functions that are controlled by the μ-Base include initialization and link set up, power management, data packet routing, type of transmission radio, radio transmit-power, radio receive-sensitivity, patch operational integrity, audio tone generation, display activation, or a combination thereof.).
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the instant application, to modify O’Brien in view of Magar, to explicitly teach wherein the first measurement signal is based on sensitivities of the first and second optical sensors to the first physical signal and a second physical signal, so that the system can monitor performance of the subject based on the received data and make adjustments if necessary (Magar [0228] The MSP (μ-Base) 104 can control the functionality and performance of its peripheral/patches based on the requirement defined for the overall system. The system performance can be dynamically adjusted, for example, due to a change in radio environment or a change in person's condition as monitored by the MSP 104.).
Regarding Claim 36, O’Brien further teaches wherein the array of optical sensors comprises a second optical sensor (O’Brien [0046] Sensor module 101 may be a single sensor or any combination of sensors generating an n-dimensional signal responsive to physiological variables. Sensor module 101 may include an optical sensor 30 as described above generating an n-wavelength optical signal.).
O’Brien is not relied upon to teach wherein the first optical sensor has a higher sensitivity to a first physical signal than the second optical sensor and the second optical sensor has a higher sensitivity to a second physical signal than the first optical sensor, the first physical signal different from the second physical signal.
Magar teaches wherein the first optical sensor has a higher sensitivity to a first physical signal than the second optical sensor and the second optical sensor has a higher sensitivity to a second physical signal than the first optical sensor, the first physical signal different from the second physical signal (Magar [0137] One aspect of the invention is the utilization of the μ-Base as a master device, where the μ-Base can test, control, and monitor the functions of μ-Patches and/or μ-Gates by sending and/or receiving test signals and/or control signals. Examples of functions that are controlled by the μ-Base include initialization and link set up, power management, data packet routing, type of transmission radio, radio transmit-power, radio receive-sensitivity, patch operational integrity, audio tone generation, display activation, or a combination thereof.).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant application, to modify O’Brien in view of Magar to explicitly teach wherein the first optical sensor has a higher sensitivity to a first physical signal than the second optical sensor and the second optical sensor has a higher sensitivity to a second physical signal than the first optical sensor, the first physical signal different from the second physical signal, so that the system can monitor performance of the subject based on the received data and make adjustments if necessary (Magar [0228] The MSP (μ-Base) 104 can control the functionality and performance of its peripheral/patches based on the requirement defined for the overall system. The system performance can be dynamically adjusted, for example, due to a change in radio environment or a change in person's condition as monitored by the MSP 104.).
Regarding Claim 37, O’Brien in view of Magar (as stated above) further teaches wherein an environment of the first optical sensor is configured to enhance the first physical signal or an environment of the second optical sensor is configured to suppress the first physical signal (Magar [0137] One aspect of the invention is the utilization of the μ-Base as a master device, where the μ-Base can test, control, and monitor the functions of μ-Patches and/or μ-Gates by sending and/or receiving test signals and/or control signals. Examples of functions that are controlled by the μ-Base include initialization and link set up, power management, data packet routing, type of transmission radio, radio transmit-power, radio receive-sensitivity, patch operational integrity, audio tone generation, display activation, or a combination thereof. Also see [0228] The MSP (μ-Base) 104 can control the functionality and performance of its peripheral/patches based on the requirement defined for the overall system. The system performance can be dynamically adjusted, for example, due to a change in radio environment or a change in person's condition as monitored by the MSP 104.).
Regarding Claim 38, O’Brien in view of Magar (as stated above) further teaches wherein an environment of the first optical sensor is configured to suppress the second physical signal or an environment of the second optical sensor is configured to enhance the second physical signal (Magar [0137] One aspect of the invention is the utilization of the μ-Base as a master device, where the μ-Base can test, control, and monitor the functions of μ-Patches and/or μ-Gates by sending and/or receiving test signals and/or control signals. Examples of functions that are controlled by the μ-Base include initialization and link set up, power management, data packet routing, type of transmission radio, radio transmit-power, radio receive-sensitivity, patch operational integrity, audio tone generation, display activation, or a combination thereof. Also see [0228] The MSP (μ-Base) 104 can control the functionality and performance of its peripheral/patches based on the requirement defined for the overall system. The system performance can be dynamically adjusted, for example, due to a change in radio environment or a change in person's condition as monitored by the MSP 104.).
Claim(s) 21 and 39-41 is/are rejected under 35 U.S.C. 103 as being unpatentable over O’Brien (as stated above) in view of Tapanes (US 20150062588 A1).
Regarding Claim 21, O’Brien is not relied upon to further teach wherein the plurality of measurement signals is generated at least in part based on a reference signal from a reference sensor.
Tapanes teaches wherein the plurality of measurement signals is generated at least in part based on a reference signal from a reference sensor (Tapanes [0040] Interferometer systems as disclosed herein can detect a disturbance to a sensor portion by comparing a phase shift between observed first and second optical signals that have traveled through a first (e.g., a "reference") optical conduit and a second (e.g., a "sensor") optical conduit.).
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the instant application, to modify O’Brien in view of Tapanes to explicitly teach wherein the plurality of measurement signals is generated at least in part based on a reference signal from a reference sensor, to allow the system to compare signals and detect abnormalities based on established expected values (Tapanes [0062] Although many factors can cause an observed phase shift between signals conveyed through the first and second optical conduits, a nominal, or baseline, phase shift between observed signals of undisturbed reference and sensor conduits can be determined. Thus, one can infer that a sensor cable (e.g., a bundle having a sensor conduit and a reference conduit) has been disturbed when a sufficiently large (or a threshold) deviation from a baseline phase shift is observed. In addition, observing such a phase-shift at more than one location in the total optical path (e.g., outbound and inbound signals), combined with characteristics of the sensor cable (e.g., its length, the speed at which light travels through each of the optical conduits), a location of the disturbance can be inferred.).
Regarding Claim 39, O’Brien is not relied upon to further teach a reference sensor configured to provide a reference signal corresponding to one or more of the physical signals of the measurement region.
Tapanes teaches a reference sensor configured to provide a reference signal corresponding to one or more of the physical signals of the measurement region (Tapanes [0040] Interferometer systems as disclosed herein can detect a disturbance to a sensor portion by comparing a phase shift between observed first and second optical signals that have traveled through a first (e.g., a "reference") optical conduit and a second (e.g., a "sensor") optical conduit.).
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the instant application, to modify O’Brien in view of Tapanes to explicitly teach a reference sensor configured to provide a reference signal corresponding to one or more of the physical signals of the measurement region, to allow the system to compare signals and detect abnormalities based on established expected values (Tapanes [0062] Although many factors can cause an observed phase shift between signals conveyed through the first and second optical conduits, a nominal, or baseline, phase shift between observed signals of undisturbed reference and sensor conduits can be determined. Thus, one can infer that a sensor cable (e.g., a bundle having a sensor conduit and a reference conduit) has been disturbed when a sufficiently large (or a threshold) deviation from a baseline phase shift is observed. In addition, observing such a phase-shift at more than one location in the total optical path (e.g., outbound and inbound signals), combined with characteristics of the sensor cable (e.g., its length, the speed at which light travels through each of the optical conduits), a location of the disturbance can be inferred.).
Regarding Claim 40, O’Brien in view of Tapanes (as stated above) further teaches wherein the reference sensor comprises an optical sensor (Tapanes [0040] Interferometer systems as disclosed herein can detect a disturbance to a sensor portion by comparing a phase shift between observed first and second optical signals that have traveled through a first (e.g., a "reference") optical conduit and a second (e.g., a "sensor") optical conduit.).
Regarding Claim 41, O’Brien in view of Tapanes (as stated above) does not explicitly further teach wherein the reference sensor comprises a non-optical sensor.
However, Tapanes teaches the reference sensor (Tapanes [0040] Interferometer systems as disclosed herein can detect a disturbance to a sensor portion by comparing a phase shift between observed first and second optical signals that have traveled through a first (e.g., a "reference") optical conduit and a second (e.g., a "sensor") optical conduit.), and that sensors such as those disclosed in the embodiment of Tapanes can be non-optical (Tapanes [0002] The innovations disclosed herein pertain to interferometer systems, and more particularly, but not exclusively, to fiber-optic interferometer systems, such as, for example, systems used in security, surveillance or monitoring applications. Some disclosed interferometer systems relate to detecting and locating disturbances (e.g., a disturbance to a secure perimeter, such as a "cut" on a fence, a leak from a pipeline, a change in structural integrity of a building, a disturbance to a communication line, a change in operation of a conveyor belt, an impact on a surface or acoustical noise, among others) with one or more passive sensors.).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant application, to modify O’Brien and Tapanes (as stated above), further in view of Tapanes, to explicitly teach wherein the reference sensor comprises a non-optical sensor, to expand on the type of sensors that can be used to provide reference data (see MPEP 2143 (B) Simple substitution of one known element for another to obtain predictable results).
Claim(s) 22 and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over O’Brien (as stated above) in view of Ozdemir et al. (US 20180109325 A1), hereinafter “Ozdemir”.
Regarding Claim 22, O’Brien is not relied upon to explicitly teach wherein the optical sensor comprises one or more of: an interference-based optical sensor, an optical resonator, an optical interferometer, a whispering gallery mode (WGM) resonator, a microbubble optical resonator, a microsphere resonator, a micro-toroid resonator, a micro-ring resonator, and a micro-disk optical resonator.
Ozdemir teaches wherein the optical sensor comprises one or more of:
an interference-based optical sensor (Ozdemir [0193] To relate this behavior to the internal field distribution in the cavity, we also performed numerical simulations which revealed that when the intracavity intensity distribution shows a standing-wave pattern with a balanced contribution of cw and ccw propagating components and a clear interference pattern, the emission is bidirectional, in the sense that laser light leaks into the second waveguide in both the cw and ccw directions (FIG. 16C). However, when the distribution does not show such a standard standing-wave pattern but an indiscernible interference pattern, the emission is very directional, such that the intracavity field couples to the waveguide only in the cw or the ccw direction depending on whether the system is at the first or the second EP (FIG. 16, D and E). We also confirmed that the presence or absence of an interference pattern in the field distribution is also linked with a bi- or uni-directional transmission, respectively, observed in FIG. 15 for the passive resonator (FIG. 26). Interference is inherent in the detected signal),
an optical resonator, an optical interferometer (Ozdemir [0083] The technology as disclosed and claimed demonstrates generating and transferring optical chaos in an opto-mechanical resonator. The technology demonstrates opto-mechanically-mediated transfer of chaos from a strong optical field (pump) that excites mechanical oscillations, to a very weak optical field (probe) in the same resonator.),
a whispering gallery mode (WGM) resonator (Ozdemir [0194] Summarizing, we have demonstrated chiral modes in whispering-gallery-mode microcavities and microlasers via geometry-induced non-Hermitian mode-couplings. […] ),
a microbubble optical resonator, a microsphere resonator, a micro-toroid resonator, a micro-ring resonator, and a micro-disk optical resonator (Ozdemir [0084] The details of the technology as disclosed and various implementations can be better understood by referring to the figures of the drawing. Referring to FIGS. 1a through 1c, a basic configuration of the technology was tested, which included a fiber-taper-coupled WGM microtoroid resonator (FIG. 1a.). FIG. 1a is an illustration of a whispering-gallery mode microtoroid opto-mechanical microresonator illustrating the mechanical motion induced by optical radiation force.).
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the instant application, to modify O’Brien in view of Ozdemir to explicitly teach wherein the optical sensor comprises one or more of: an interference-based optical sensor, an optical resonator, an optical interferometer, a whispering gallery mode (WGM) resonator, a microbubble optical resonator, a microsphere resonator, a micro-toroid resonator, a micro-ring resonator, and a micro-disk optical resonator, to explicitly disclose or provide examples of the optical sensing means of O’Brien.
Regarding Claim 30, O’Brien is not relied upon to explicitly teach wherein the optical sensor comprises one or more of: an interference-based optical sensor, an optical resonator, an optical interferometer, a whispering gallery mode (WGM) resonator, a microbubble optical resonator, a microsphere resonator, a micro-toroid resonator, a micro-ring resonator, and a micro-disk optical resonator.
Ozdemir teaches wherein the optical sensor comprises one or more of:
an interference-based optical sensor (Ozdemir [0193] To relate this behavior to the internal field distribution in the cavity, we also performed numerical simulations which revealed that when the intracavity intensity distribution shows a standing-wave pattern with a balanced contribution of cw and ccw propagating components and a clear interference pattern, the emission is bidirectional, in the sense that laser light leaks into the second waveguide in both the cw and ccw directions (FIG. 16C). However, when the distribution does not show such a standard standing-wave pattern but an indiscernible interference pattern, the emission is very directional, such that the intracavity field couples to the waveguide only in the cw or the ccw direction depending on whether the system is at the first or the second EP (FIG. 16, D and E). We also confirmed that the presence or absence of an interference pattern in the field distribution is also linked with a bi- or uni-directional transmission, respectively, observed in FIG. 15 for the passive resonator (FIG. 26). Interference is inherent in the detected signal),
an optical resonator, an optical interferometer (Ozdemir [0083] The technology as disclosed and claimed demonstrates generating and transferring optical chaos in an opto-mechanical resonator. The technology demonstrates opto-mechanically-mediated transfer of chaos from a strong optical field (pump) that excites mechanical oscillations, to a very weak optical field (probe) in the same resonator.),
a whispering gallery mode (WGM) resonator (Ozdemir [0194] Summarizing, we have demonstrated chiral modes in whispering-gallery-mode microcavities and microlasers via geometry-induced non-Hermitian mode-couplings. […] ),
a microbubble optical resonator, a microsphere resonator, a micro-toroid resonator, a micro-ring resonator, and a micro-disk optical resonator (Ozdemir [0084] The details of the technology as disclosed and various implementations can be better understood by referring to the figures of the drawing. Referring to FIGS. 1a through 1c, a basic configuration of the technology was tested, which included a fiber-taper-coupled WGM microtoroid resonator (FIG. 1a.). FIG. 1a is an illustration of a whispering-gallery mode microtoroid opto-mechanical microresonator illustrating the mechanical motion induced by optical radiation force.).
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the instant application, to modify O’Brien in view of Ozdemir to explicitly teach wherein the optical sensor comprises one or more of: an interference-based optical sensor, an optical resonator, an optical interferometer, a whispering gallery mode (WGM) resonator, a microbubble optical resonator, a microsphere resonator, a micro-toroid resonator, a micro-ring resonator, and a micro-disk optical resonator, to explicitly disclose or provide examples of the optical sensing means of O’Brien.
Regarding Claim 34, O’Brien in view of Ozdemir further teaches a microring resonator comprising one or more of a cross-sectional shape of a circle, a racetrack, and an ellipse (Ozdemir [0084] The details of the technology as disclosed and various implementations can be better understood by referring to the figures of the drawing. Referring to FIGS. 1a through 1c, a basic configuration of the technology was tested, which included a fiber-taper-coupled WGM microtoroid resonator (FIG. 1a.). FIG. 1a is an illustration of a whispering-gallery mode microtoroid opto-mechanical microresonator illustrating the mechanical motion induced by optical radiation force. Fig 1A has at least a circular cross -section shape).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Donlagic et al. (US 20110249973 A1) discloses Opto-Electronic Signal Processing Methods, Systems, And Apparatus For Optical Sensor Interrogation.
Skinner et al. (US 20060289724 A1) discloses a Fiber Optic Sensor Capable Of Using Optical Power To Sense A Parameter.
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/CHRISTIAN T BRYANT/Examiner, Art Unit 2857
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