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 .
DETAILED ACTION
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 5-6 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Aliamiri et al. (US 2019/0133468), in view of Noh et al. (KR 1020170019189 (provided in the IDS)), further in view of Podhajsky et al. (US 2015/0088002), Chen et al. (US 6,332,867) and Paulussen et al. (US 2018/0014737).
Addressing claim 1, Aliamiri discloses a deep-learning-based atrial fibrillation determination system using a photoplethysmography (PPG) signal detection sensor, the system comprising a server, wherein the server includes one or more processors configured to:
classify quality of a PPG signal as good or bad (see [0068], Fig. 3 and abstract; 210 quality assessment network).
determine, by using a deep learning model, from the PPG signal, whether atrial fibrillation has occurred (see abstract and Fig. 3).
Aliamiri does not disclose wherein the PPG signal is measured using the PPG signal detection ring, and the server receives the PPG signal from the PPG signal detection ring through a terminal, the PPG signal detection ring includes a plurality of sensors configured to simultaneously measure a plurality of PPG signals at different locations, each of the plurality of sensors includes a light source and a photoelectric conversion device, and the terminal includes one or more processors configured to after controlling the light source of each of the plurality of sensors select, from among the plurality of sensors, as a sensor for measuring the PPG signal, a sensor that has measured a test PPG signal having a highest signal quality among a plurality of test PPG signals, wherein the selected sensor is used to measure the PPG signal and wherein signal quality of the plurality of test PPG signals is evaluated based on at least one of magnitude of an acceleration signal, a signal-to-noise ratio, and a ratio of an AC component magnitude to a DC component magnitude. Noh discloses wherein the PPG signal is measured using the PPG signal detection ring, and receives the PPG signal from the PPG signal detection ring through a terminal, the PPG signal detection ring includes a plurality of sensors configured to simultaneously measure a plurality of PPG signals at different locations, each of the plurality of sensors includes a light source and a photoelectric conversion device, and the terminal includes one or more processors configured to after controlling the light source of each of the plurality of sensors select, from among the plurality of sensors, as a sensor for measuring the PPG signal, a sensor that has measured a test PPG signal having a highest signal quality among a plurality of test PPG signals (see Figs. 1, 7, pages 6-7 and 12, detection ring 720 with light source and photoelectric conversion device; signal selector 130 select the PPG signal having the best signal quality) and wherein signal quality of the plurality of test PPG signals is evaluated based on at least one of magnitude of an acceleration signal, a signal-to-noise ratio, and a ratio of an AC component magnitude to a DC component magnitude (see pages 6-7; base signal-to-noise ratio (SNR)). Podhajsky discloses wherein the PPG signal is measured using the PPG signal detection ring, and the server receives the PPG signal from the PPG signal detection ring through a terminal, the PPG signal detection ring includes a plurality of sensors configured to simultaneously measure a plurality of PPG signals at different locations, each of the plurality of sensors includes a light source and a photoelectric conversion device and wherein the selected sensor is used to measure the PPG signal (see Figs. 1C, [0045], [0066], [0073], [0078]; PPG detection ring 104/108; signals send to server to process, analyze to determine result; select the sensor that produce the best output (highest signal quality) to measure PPG; Podhajsky does not explicitly disclose one or more processors configured to select, from among the plurality of sensors, as a sensor for measuring the PPG signal, a sensor that has measured a test PPG signal having a highest signal quality among a plurality of test PPG signals; however, Podhajsky select the sensor with the best output to measure PPG and turn off other sensors implicitly discloses one or more processors to measure PPG while turn other sensors off; Noh above explicitly discloses signal selector 130 select the PPG signal having the best signal quality). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Aliamiri to have wherein the PPG signal is measured using the PPG signal detection ring, and receives the PPG signal from the PPG signal detection ring through a terminal, the PPG signal detection ring includes a plurality of sensors configured to simultaneously measure a plurality of PPG signals at different locations, each of the plurality of sensors includes a light source and a photoelectric conversion device, and the terminal includes one or more processors configured to select, from among the plurality of sensors, as a sensor for measuring the PPG signal, a sensor that has measured a test PPG signal having a highest signal quality among a plurality of test PPG signals, wherein the selected sensor is used to measure the PPG signal and wherein signal quality of the plurality of test PPG signals is evaluated based on at least one of magnitude of an acceleration signal, a signal-to-noise ratio, and a ratio of an AC component magnitude to a DC component magnitude as taught by Noh and Podhajsky because this provide the best estimation accuracy, better output data and save energy (see Noh’s page 8 and Podhajsky’s paragraphs [0065-0066]).
Aliamiri also does not disclose select a measurement mode according to a user input, wherein the measurement mode includes a self-check mode and a background mode; and wherein, in the self-check mode, the measurement is started and ended by a user; in the background mode, the measurement starts and continues regardless of user input, and a user can set or change a measurement cycle. Chen discloses a select a measurement mode according to a user input, wherein the measurement mode includes a self-check mode and a background mode (see Fig. 4, col. 6, lines 5-18, col. 8, lines 44-67 and col. 9, lines 63-65; “apparatus 10 has a user interface 17, a possible embodiment of which is described in detail below with reference to FIG. 4, which permits a user to set an operating mode for apparatus 10 (in cases where there is more than one operating mode)”; user using user interface to set an operating mode is the same as select a measurement mode according to a user input; the user input on the user interface to select the operating mode; two operating mode: manual mode (self-check) and automatic mode (background mode); in manual mode (self-check) user can start and end a measurement by pressing start and end buttons; in automatic mode (background mode) measurement start automatically, but user can program the automatic measurement to have certain measurement parameters/cycle such as number of cycles, cycle time, etc.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Aliamiri as taught by Chen because this allow users the flexibility of manually taking measurement or have the apparatus operate unattended so that it is not necessary for a physician or other health care worker to be present while measurements are being made (see abstract).
Aliamiri does not disclose wherein the terminal further comprises a light source control component configured to control the light source of each of the plurality of sensors such that a DC component of each of the plurality of test PPG signals measured using the plurality of sensors is within a predetermined range. Paulussen discloses wherein the terminal further comprises a light source control component configured to control the light source of each of the plurality of sensors such that a DC component of each of the plurality of test PPG signals measured using the plurality of sensors is within a predetermined range (see [0016] and [0099]; adjust light intensity and angle base on DC component; light source intensity and angle is adjusted so that DC component is within a predetermined range). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Aliamiri to have wherein the terminal further comprises a light source control component configured to control the light source of each of the plurality of sensors such that a DC component of each of the plurality of test PPG signals measured using the plurality of sensors is within a predetermined range as taught by Paulussen because this allow the system to calibrate and improve measurement (see [0099]).
Addressing claims 5 and 10, Noh discloses sensor selection are performed sequentially and the sensor selection are performed periodically (see page 7 and Fig. 1; signals are send from plurality of channels of different locations therefore the sensor selection is sequential and the measurement is happen more than 1 time therefore the sensor selection is also periodically/continuously; In reDilnot, 319 F.2d 188, 138 USPQ 248 (CCPA 1963) (Claim directed to a method of producing a cementitious structure wherein a stable air foam is introduced into a slurry of cementitious material differed from the prior art only in requiring the addition of the foam to be continuous. The court held the claimed continuous operation would have been obvious in light of the batch process of the prior art.)). Paulussen discloses wherein light source control are sequentially and periodically (see [0016] and [0099]; obvious to one of ordinary skill in the art that light sources are control sequentially or simultaneously and obvious to one of ordinary skill in the art that the light source is adjusted periodically/continuously to improve measurement; In reDilnot, 319 F.2d 188, 138 USPQ 248 (CCPA 1963) (Claim directed to a method of producing a cementitious structure wherein a stable air foam is introduced into a slurry of cementitious material differed from the prior art only in requiring the addition of the foam to be continuous. The court held the claimed continuous operation would have been obvious in light of the batch process of the prior art.)).
Addressing claim 6, the system in claims 1 perform the method in claim 6 therefore claim 6 are being rejected for the same reason as claim 1.
Claims 3 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Aliamiri et al. (US 2019/0133468), in view of Noh et al. (KR 1020170019189 (provided in the IDS)), further in view of Podhajsky et al. (US 2015/0088002), Chen et al. (US 6,332,867), Paulussen et al. (US 2018/0014737) and Lee et al. (KR 102299035 (provided in the IDS)).
Addressing claims 3 and 8, Aliamiri does not disclose wherein one or more processors of the server further configured to calculate an atrial fibrillation index, and wherein the atrial fibrillation index is defined by a ratio between a time during which the quality of the PPG signal is classified as good and a time during which it is determined that atrial fibrillation has occurred while the quality of a PPG signal is classified as good. In the same field of endeavor, Lee discloses wherein one or more processors of the server further configured to calculate an atrial fibrillation index, and wherein the atrial fibrillation index is defined by a ratio between a time during which the quality of the PPG signal is classified as good and a time during which it is determined that atrial fibrillation has occurred while the quality of a PPG signal is classified as good (see pages 1-4; equation 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Aliamiri to have wherein one or more processors of the server further configured to calculate an atrial fibrillation index, and wherein the atrial fibrillation index is defined by a ratio between a time during which the quality of the PPG signal is classified as good and a time during which it is determined that atrial fibrillation has occurred while the quality of a PPG signal is classified as good as taught by Lee because this provide good accurate prediction for atrial fibrillation (see page 4).
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Aliamiri et al. (US 2019/0133468), in view of Noh et al. (KR 1020170019189 (provided in the IDS)), further in view of Podhajsky et al. (US 2015/0088002), Chen et al. (US 6,332,867), Paulussen et al. (US 2018/0014737) and applicant admitted art.
Addressing claims 11-12, Aliamiri discloses calculate the atrial fibrillation determination probability and prediction; however, does not disclose applying temperature scaling to determine reliability calculation. Applicant’s specification paragraph [0067] discloses (Guo C, Pleiss G, Sun Y, Weinberger KQ, “On Calibration of Modern Neural Networks”) perform reliability calculation by applying temperature scaling. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Aliamiri to have determination reliability calculation by applying temperature scaling because this provides confidence calibration to further improve the system. Also see the prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Guo, “On Calibration of Modern Neural Networks” discloses using temperature scaling provide surprising effective at calibrating prediction. Guo suggested a network should provide a calibrated confidence measure in addition to its prediction.
Response to Arguments
Applicant's arguments filed 06/30/26 have been fully considered but they are not persuasive. Applicant argues Noh does not teach or suggest first controlling the light source of each sensor located at a different position so that the DC component of each test PPG signal falls within a predetermined range before selecting an optimal sensor. Applicant’s argument is not persuasive because applicant argues the reference individually while the claim is being rejected by a combination of references. Nor discloses control the light source (set the light source to transmit two different wavelengths is control the light source), after the light sources transmit two different wavelengths then the sensors receive signals, the system then determine the best quality signal or signals and then select the sensor that provide the best quality signal. Paulussen is relied on to adjust the light source to optimized light transmission therefore Aliamiri in view of Nor and Paulussen disclose a system that optimized light transmission and then select the best quality sensor signal.
Applicant argues Paulussen is directed to adjusting the beam angle of the source light, rather than controlling the light source itself. Applicant argues is not persuasive because adjusting the beam angle of the source light is adjusting the light source itself. One has to move/adjust the light source mechanically or electronically in order to adjust the beam angle of the light source. Controlling the light source is a broad term. Move a light source by certain angle to adjust beam angle is control a light source. Set the light source to transmit 3 different type of wavelengths is controlling the light source. Applicant argues Paulussen refers to using a DC signal component of a sensor signal as a control measure for determining whether a sufficient amount of scattered source light reaches the PPG sensor or for optimizing an AC component based on a known relationship between the AC and DC signal components. A certain DC signal range would mean sufficient amount of scatter source light reaches the PPG sensor therefore Paulussen control the light source to adjust beam angle within a predetermined DC range that allow a sufficient amount of scattered source light to reach the PPG sensor. Paulussen does not teach or suggest controlling the light source of each of a plurality of sensors before sensor selection, nor does it teach the claimed sequence of light-source control, test-signal quality evaluation, and sensor selection. Applicant’s argument is not persuasive because examiner does not rely on Paulussen to disclose these limitations. Examiner only relies on Paulussen to adjust light source to provide optimal transmission (transmission that provide the most or sufficient amount of scattered source light to reach the PPG sensor). Furthermore, it is obvious to one of ordinary skill in the art that control/adjust light source is the first step as see in Nor and Paulussen in order to receive signal, determine the best signal and select the sensor that provide the best signal, the system first has to transmit light.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2019/0328243 and “On Calibration of Modern Neural Networks”; US 2002/0045854 (see [0027] and claim 21; using touch screen to select automatic or manual mode); US 2016/0345847 (see [0047]) and US 4,889,132 (see col. 7, lines 37-47; user select to operate in manual mode or automatic mode; in manual mode user input request to start and end measurement).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/HIEN N NGUYEN/
Primary Examiner
Art Unit 3797
Prosecution Insights