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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2-3 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 recites the limitation "the control unit (150) is arranged to select one or more health parameters as respective conditional parameters, wherein each conditional parameter is mapped into a range in a predetermined set of ranges, and obtain, for at least one health parameter not selected as a conditional parameter, a reference parameter associated with respective mapped ranges of the one or more conditional parameters." In lines 1-6. This claim is rendered unclear and indefinite. Examiner does not understand the limitations in this claim and the specification reiterates the disclosure in the claims without adding more. For instance, examiner does not understand what a “conditional parameter” means in this context. Also, it is unclear how a conditional parameter is selected and how a reference parameter to a health parameter is selected based on a range of a conditional parameter. Examiner does not know how to interpret this claim and therefore will not reject it under art. Examiner suggests amending to clarify.
Claim 3 is rejected based on its dependency on claim 2.
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.
Claim(s) 1-10, 12, 14, 15, and 19 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by US 2016/0324432 Ahmed et al., hereinafter “Ahmed”.
Regarding claim 1, Ahmed discloses a sensing arrangement (100) for obtaining data from captured light reflected by, transmitted through, and/or modulated by a body part (110) of a person (Abstract, Para 54, and 72), the sensing arrangement comprising: illumination means (120) arranged to illuminate at least a portion of the body part (110) (Para 54; one or more light emitters); optical sensing means (130) arranged to capture light reflected by and/or transmitted through the body part (110) (Para 54; one or more light detectors); and a control unit (150) (Para 54; a processing module) arranged to determine an identity of the person (Para 176 and 193), determine one or more health parameters from the captured light (Para 54; determine heart rate), obtain, for at least one health parameter, a reference parameter associated with the person from a database (Para 70, 173, and 180), and determine a deviation of at least one health parameter from its corresponding reference parameter (Para 70, 173, and 180).
Regarding claim 2, as best understood, Ahmed discloses the one or more health parameters including heart rate and intensity score (shown in Fig.12 and 15a). Heart rate is selected as a conditional parameter (Para 54; determine heart rate) which is in a predetermined range of between 0-200 beats per minute (shown in Figs. 15A, 16A, 17A). The Examiner considers the Intensity score (Fig.12) to be a reference parameter since it is an indication of health associated with heart rate, both being displayed concurrently in Figs. 15A, 16A, and 17A.
Regarding claim 3, Ahmed discloses the one or more health parameters comprise at least heart rate and blood pressure, and wherein at least the heart rate is selected as a conditional parameter (Para 54; determine heart rate).
Regarding claim 4, Ahmed discloses the one or more health parameters, one or more reference parameters, and/or one or more conditional parameters comprise any of heart rate, blood pressure, blood oxygen saturation, breathing rate, body temperature, glucose level, and hemoglobin level (Para 54; heart rate is disclosed).
Regarding claim 5, Ahmed discloses the control unit (150) (Para 54; the processing module) is arranged to determine one or more environmental parameters associated with the environment of measurement conditions (Para 63 and 122), wherein each environmental parameter is mapped into a range in a predetermined set of ranges, and arranged to obtain one or more reference parameters associated with respective mapped ranges of the one or more environmental parameters (Para 127).
Regarding claim 6, Ahmed discloses the one or more environmental parameters comprise any of temperature, humidity, air oxygen concentration, elevation, date, location of the sensing arrangement (100) (Para 63; temperature is disclosed).
Regarding claim 7, Ahmed discloses the control unit (150) is arranged to determine one or more individual parameters associated with the person (Para 139 and 175; age), wherein each individual parameter is mapped into a range in a predetermined set of ranges and arranged to obtain one or more reference parameters associated with respective mapped ranges of the one or more individual parameters (Para 139).
Regarding claim 8, Ahmed discloses the one or more individual parameters comprise any of age, weight, and height (Para 139 and 175; any one of age, weight, and height are disclosed).
Regarding claim 9, Ahmed discloses at least one of the one or more health parameters is determined by analyzing a pulse plethysmograph signal, by analyzing fluorescent light emitted from endogenous molecules (proteins), and/or by analyzing exogenous activation (Para 72 and 244; pulse plethysmograph signal is disclosed).
Regarding claim 10, Ahmed discloses at least one of the one or more reference parameters is associated with a normal condition of the person where he/she is free from illness, disease, and/or infection (Para 122 and 180 disclose a healthy human that exercises so it is inherent that the subject is under normal condition; no illnesses are discussed).
Regarding claim 12, Ahmed discloses the control unit (150) is further arranged to upload at least one of the one or more health parameters to the database (Para 66 and 210).
Regarding claim 14, Ahmed discloses the control unit (150) is arranged to compare the deviation to a predetermined threshold value (Para 180).
Regarding claim 15, Ahmed discloses the control unit (150) is arranged to classify the deviation into a condition by computer-implemented classification model configured to classify the deviation (Para 70).
Regarding claim 19, Ahmed discloses a method for obtaining data from captured light reflected by and/or transmitted through a body part (110) of a person (Abstract, Para 54, and 72), the method comprising illuminating (Sx1) at least a portion of the body part (110) with illumination means (120) (Para 54; one or more light emitters), capturing (Sx2) light reflected by, transmitted through, and/or modulated by the body part (110) with optical sensing means (130) (Para 54; one or more light detectors), determining (Sx3) an identity of the person (Para 176 and 193), determining (Sx4) one or more health parameters from the captured light (Para 54; determine heart rate), obtaining (Sx5), for at least one health parameter, a reference parameter associated with the person from a database (Para 70, 173, and 180), and determining (Sx6) a deviation of at least one health parameter from its corresponding reference parameter (Para 70, 173, and 180).
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.
Claim(s) 11 is rejected under 35 U.S.C. 103 as being unpatentable over US 2016/0324432 Ahmed et al., hereinafter “Ahmed”, further in view of CN 101605495 A Cho et al., hereinafter “Cho”.
Regarding claim 11, Ahmed discloses at least one of the one or more reference parameter (Para 122 and 180)
Ahmed does not disclose the one or more reference parameter is associated with a previously known medical condition of the person.
However, Cho discloses a device that utilizes lights and light sensors to measure ECG (Para 11) and teaches the one or more reference parameter is associated with a previously known medical condition of the person (Para 54).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed analyzing data against medical history of an illness as taught by Cho, in the invention of Ahmed, in order to determine if parameters recorded by the device have changed over a longer period of time in order to draw conclusions about the development of existing diseases (Cho; Para 54 and 78).
Claim(s) 13 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over US 2016/0324432 Ahmed et al., hereinafter “Ahmed”, further in view of US 2016/0188831 Kurtz et al., hereinafter “Kurtz”.
Regarding claim 13, Ahmed discloses all the limitations of claim 12.
Ahmed does not disclose the reference parameter corresponding to the uploaded health parameter is updated based on the uploaded health parameter.
However, Kurtz discloses a device for capturing images to determine health parameters (Abstract) and teaches the reference parameter corresponding to the uploaded health parameter is updated based on the uploaded health parameter (Para 82 and Figure 5b, elements 420, 450).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed updating the uploaded health parameters as taught by Kurtz, in the invention of Ahmed, in order to update any ongoing trend-line tracking (Kurtz; Para 82).
Regarding claim 18, Ahmed discloses all the limitations of claim 1.
Ahmed does not disclose the control unit (150) is arranged to recommend a follow up health test and/or consultation with medical expertise based on the deviation.
However, Kurtz discloses the control unit (150) is arranged to recommend a follow up health test and/or consultation with medical expertise based on the deviation (Para 89).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed recommending a follow up as taught by Kurtz, in the invention of Ahmed, in order to understand a detected meaningful trend or change (Kurtz; Para 89).
Claim(s) 16 is rejected under 35 U.S.C. 103 as being unpatentable over US 2016/0324432 Ahmed et al., hereinafter “Ahmed”, further in view of WO 2020/082124 Coles et al., hereinafter “Coles”.
Regarding claim 16, Ahmed discloses all the limitations of claim 1.
Ahmed does not disclose the identity of the person is determined from biometric identification data of the person obtained from the captured light.
However, Coles discloses capturing images using a camera to be used in a medical setting (Abstract and Para 92) and teaches the identity of the person is determined from biometric identification data of the person obtained from the captured light (Para 9 and 10 and Para 92 discloses that the sensing device is a camera that is a device that captures light).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed biometric identification data as taught by Coles, in the invention of Ahmed, in order to identify a unique human subject (Coles; Para 9).
Claim(s) 17 is rejected under 35 U.S.C. 103 as being unpatentable over US 2016/0324432 Ahmed et al., hereinafter “Ahmed”, further in view of CN 2016147659 Hua et al., hereinafter “Hua”.
Regarding claim 17, Ahmed discloses all the limitations of claim 1.
Ahmed does not disclose the control unit (150) is arranged to recommend an allowance or denial of admittance into an area past the sensing arrangement (100) based on the deviation.
However, Hua discloses a health detection device that uses light and light sensors (Para 13) and teaches the control unit (150) is arranged to recommend an allowance or denial of admittance into an area past the sensing arrangement (100) based on the deviation (Para 4 and 24).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have disclosed an allowance or denial of admittance into an area past the sensing arrangement as taught by Hua, in the invention of Ahmed, in order to control the opening of doors based on health checks (Hua; Para 24).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AYA ZIAD BAKKAR whose telephone number is (313)446-6659. The examiner can normally be reached on 7:30 am - 5:00 pm M-Th.
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/AYA ZIAD BAKKAR/
Examiner, Art Unit 3796
/CARL H LAYNO/Supervisory Patent Examiner, Art Unit 3796