DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant's arguments filed 12/24/2025 have been fully considered but they are not persuasive.
In response to applicant's argument that “Korkala's light guide elements maintain light in a vertical, parallel path perpendicular to the skin. The light guide elements in Korkala do not deflect light to different spatial regions. Korkala's fiber optic plate maintains a 1:1 vertical mapping between emitters and the skin directly above them” (Applicant’s remarks filed 12/24/2025, page 7), the fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985).
In response to applicant's argument that “This calibration is merely mapping which detector sees which emitter, and not determining a reference value to select pixels for measurement based on physiological signal quality” (Applicant’s remarks filed 02/24/2025, page 8), a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
For the above reasons, the rejection is maintained.
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)(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.
Claims 1-10 and 13-21 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Korkala (Pub. No.: US 2022/0007954).
Consider claim 1, Korkala discloses a vital sensor, in particular pulse sensor (paragraph [0020], Fig. 1, PPG sensor used for measuring pulse oximetry and paragraph [0023], sensor may include Electromechanical Film (EMFi) pulse sensor), comprising:
- at least one pixelated emitter array (paragraph [0039], Figs. 6, LED matrix 602 disposed on the active-pixel sensor array and Figs. 3, 4, LED(s) 302) with a first and at least one second pixel, which are each configured to emit light of a wavelength range in the direction of a projection surface (Fig. 3, skin 208) (paragraph [0039], Fig. 6, first set of one or more LEDs configured to emit light at a first wavelength and a second set of one or more LEDs configured to emit light at a second wavelength wherein light emitted by the emitter(s) 302 is first focused towards the skin, see paragraph [0030], Fig. 3);
- at least one optical element (paragraph [0039], Fig. 6, fibre optic plate 600, representing an embodiment of the array of light guide elements and paragraph [0028], Figs. 3, 4, light guide elements 300) which is arranged between the at least one pixelated emitter array and the projection surface (Fig. 3, light guide elements 300 arranged between LED(s) 302 and skin 208) and which is configured to direct light of the first pixel onto a first region of the projection surface and light of the at least one second pixel onto a second region of the projection surface which differs from the first region (paragraph [0039], Figs. 3, 4, a first set of one or more LEDs configured to emit light at a first wavelength, e.g. for the purpose of the PPG measurements, and a second set of one or more LEDs configured to emit light at a second wavelength, e.g. for the purpose of motion compensation or for oxygen saturation);
- at least one photodetector (paragraph [0039], Fig. 6, active-pixel sensor array 604 and Fig. 3, photodetectors 304) configured to detect the light emitted by the pixels and reflected on the projection surface (paragraph [0039], Figs. 3, 4, light arriving at the array from the direction of the skin 208 is effectively directed towards the photodetectors by the light pipes of the array); and
- an evaluation unit which is configured to control the first and the at least one second pixel in a pulsed and time-sequential manner in order to determine a first reference value (paragraphs [0045], [0052], [0054], [0059], Figs. 9, 10, 11, 12, processing circuitry may comprise a controller 12 configured to control the emitter(s) 30 to emit the light according to a control sequence and measurement circuitry 14 configured to process measurement signals received from the photodetectors 32).
Consider claim 2, Korkala discloses wherein the projection surface is formed by the skin of a human wearer of the vital sensor (paragraph [0032], Figs. 3, 4, skin 208 when the sensor device is attached to the user).
Consider claim 3, Korkala discloses wherein the evaluation unit is configured to control at least one of the first and the at least one second pixel for measuring a vital parameter, in particular the pulse rate, of the human wearer on the basis of the first reference value (paragraph [0039], Fig. 6, first set of one or more LEDs configured to emit light at a first wavelength, e.g. for the purpose of the PPG measurements wherein a PPG sensor is configured to determine cardiac activity of the user 100, such as heart rate).
Consider claim 4, Korkala discloses wherein the evaluation unit is configured to determine a second reference value during the measurement of the vital parameter, and to control the first and the at least one second pixel in a pulsed and time-sequential manner on the basis of the second reference value (paragraph [0039], Fig. 6, a second set of one or more LEDs configured to emit light at a second wavelength, e.g. for the purpose of motion compensation or for oxygen saturation).
Consider claim 5, Korkala discloses wherein the at least one optical element comprises at least one of the following: a refractive lens, in particular a spherical lens; a Fresnel step lens; a diffractive optical element, in particular a diffractive lens; and a lens of a metamaterial (paragraph [0036], Fig. 5, light guide element may comprise an optically transparent core 502 surrounded by an optical refractive barrier 504).
Consider claim 6, Korkala discloses wherein an aperture is arranged in front of each pixel of the pixelated emitter array, which is configured to limit the cross-section of the light emitted by the pixels in particular to a light spot (paragraph [0039], Fig. 6, the LED matrix 602 may be disposed on the active-pixel sensor array 604 arranged inside the casing such that the LED matrix and the active-pixel sensor array are exposed through a hole in the casing).
Consider claim 7, Korkala discloses wherein the at least one optical element comprises at least one spherical lens (paragraph [0036], Fig. 5, optical barrier 504 may be arranged to surround the core 502 through the length of the light guide element).
Consider claim 8, Korkala discloses wherein at least two pixels of the pixelated emitter array are associated to the at least one spherical lens (paragraph [0036], Fig. 5, optical barrier 504 may be arranged to surround the core 502 through the length of the light guide element).
Consider claim 9, Korkala discloses wherein the at least one optical element comprises a number of spherical lenses corresponding to the number of pixels of the pixelated emitter array, wherein one spherical lens is associated with each pixel of the pixelated emitter array (paragraph [0036], Fig. 5, optical barrier 504 may be arranged to surround the core 502 through the length of the light guide element).
Consider claim 10, Korkala discloses wherein at least one spherical lens is arranged eccentrically with respect to at least one of the first and the at least one second pixel as seen in an emission direction of the pixelated emitter array (paragraph [0036], Fig. 5, optical barrier 504 may be arranged to surround the core 502 through the length of the light guide element).
Consider claim 13, Korkala discloses wherein the first pixel is configured to emit light of a first wavelength (paragraph [0039], Fig. 6, first set of one or more LEDs configured to emit light at a first wavelength) and the second pixel is configured to emit light of a second wavelength different from the first wavelength (paragraph [0039], Fig. 6, a second set of one or more LEDs configured to emit light at a second wavelength).
Consider claim 14, Korkala discloses comprising a first and at least one second pixelated emitter array, wherein pixels of the first pixelated emitter array are configured to emit light of a first wavelength (paragraph [0039], Fig. 6, first set of one or more LEDs configured to emit light at a first wavelength) and pixels of the at least one second pixelated emitter array are configured to emit light of a second wavelength different from the first wavelength (paragraph [0039], Fig. 6, a second set of one or more LEDs configured to emit light at a second wavelength).
Consider claim 15, Korkala discloses at least two photodetectors which are arranged symmetrically, in particular along a circular virtual line, around the at least one pixelated emitter array (paragraph [0039], Fig. 6).
Consider claim 16, Korkala discloses wherein the evaluation unit is configured to apply a current derived from the first reference value to at least one of the first and the at least one second pixel for measuring a vital parameter, in particular the pulse rate, wherein in particular the current is greater than a current for determining the first reference value (paragraph [0059], Fig. 12, If the measurement data indicates motion above the threshold, the process may proceed to block 1206 where one or more additional emitters and/or one or more additional photodetectors are enabled for the optical biometric measurements, thus enabling a new measurement channel for heart rate or oxygen saturation measurements).
Consider claim 17, Korkala discloses a method for measuring a vital parameter, in particular the pulse rate, of a human wearer of a vital sensor (paragraph [0032], Figs. 3, 4, sensor device is attached to the user skin 208), in particular a pulse sensor (paragraph [0020], Fig. 1, PPG sensor used for measuring pulse oximetry and paragraph [0023], sensor may include Electromechanical Film (EMFi) pulse sensor), comprising the steps:
- sequentially emitting pulsed light of a wavelength range by means of a first and at least one second pixel of a pixelated emitter array in the direction of the skin of the human wearer, wherein a light pulse generated by the first pixel is directed onto a first region of the skin of the human wearer and a light pulse generated by the second pixel is directed onto a second region of the skin of the human wearer which differs from the first region (Fig. 3, skin 208) (paragraph [0039], Fig. 6, first set of one or more LEDs configured to emit light at a first wavelength and a second set of one or more LEDs configured to emit light at a second wavelength wherein light emitted by the emitter(s) 302 is first focused towards the skin, see paragraph [0030], Fig. 3);
- detecting the light emitted by the pixels and reflected from the skin of the human wearer by means of at least one photodetector (paragraph [0039], Figs. 3, 4, light arriving at the array from the direction of the skin 208 is effectively directed towards the photodetectors by the light pipes of the array); and
- determining a first reference value for each pixel on the basis of which at least one of the first and the at least one second pixel is controlled to measure the vital parameter (paragraphs [0045], [0052], [0054], [0059], Figs. 9, 10, 11, 12, processing circuitry may comprise a controller 12 configured to control the emitter(s) 30 to emit the light according to a control sequence and measurement circuitry 14 configured to process measurement signals received from the photodetectors 32).
Consider claim 18, Korkala discloses determining a second reference value during the measurement of the vital parameter (paragraph [0052], Fig. 10, step 1008 more sample questioned answered “yes”), wherein the first reference value is determined again for each pixel if the second reference value falls below a predefined threshold value (paragraph [0052, Fig. 10, step 1004 signal level less than threshold and more samples requested for processing where first reference value is determined again).
Consider claim 19, Korkala discloses wherein for measuring the vital parameter only those pixels are controlled for which the first reference value exceeds a predefined threshold value (paragraph [0052], Fig. 10, if the signal level is above the threshold, it is determined that the light from the emitter(s) has been detected by the photodetector forming the pixel, and the sample (set) is selected for combining (step 1006) and no more samples need processing).
Consider claim 20, Korkala discloses wherein the pixels for which the first reference value exceeds a predefined threshold value are provided with a higher current for measuring the vital parameter (paragraph [0057]).
Consider claim 21, Korkala discloses wherein at least one optical element (paragraph [0039], Fig. 6, fibre optic plate 600, representing an embodiment of the array of light guide elements and paragraph [0028], Figs. 3, 4, light guide elements 300) is arranged between the at least one pixelated emitter array and the skin of the human wearer (Fig. 3, light guide elements 300 arranged between LED(s) 302 and skin 208), wherein the optical element is configured to direct the light pulse generated by the first pixel onto the first region of the skin of the human wearer and the light pulse generated by the second pixel onto the second region of the skin of the human wearer (paragraph [0039], Figs. 3, 4, a first set of one or more LEDs configured to emit light at a first wavelength, e.g. for the purpose of the PPG measurements, and a second set of one or more LEDs configured to emit light at a second wavelength, e.g. for the purpose of motion compensation or for oxygen saturation).
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 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Korkala in view of Bhat et al. (Pub. No.: US 2017/0337413).
Consider claim 11, Korkala does not specifically disclose wherein the first and the at least one second pixel are each formed by a Vertical Cavity Surface Emitting Laser (VCSEL).
Bhat discloses wherein the first and the at least one second pixel are each formed by a Vertical Cavity Surface Emitting Laser (VCSEL) (paragraph [0046], Fig. 1, an array of pixels 11 formed by micro-LEDs 12 or other light sources, such as vertical-cavity surface emitting lasers (VCSELs)).
Therefore, in order to provide for different kinds of LEDs that emit different peak wavelengths of interest, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have applied the same technique as suggested by Bhat wherein the first and the at least one second pixel are each formed by a Vertical Cavity Surface Emitting Laser (VCSEL), see teaching found in Bhat, paragraph [0046].
Consider claim 12, Korkala does not specifically disclose wherein a converter layer is arranged on at least one pixel of the pixelated emitter array, which is configured to at least partially convert the light emitted by the pixel into light of a different wavelength, in particular broadband light.
Bhat discloses wherein a converter layer is arranged on at least one pixel of the pixelated emitter array, which is configured to at least partially convert the light emitted by the pixel into light of a different wavelength, in particular broadband light (paragraph [0046], LEDs 12 may be the same kind (e.g., UV LEDs) with different phosphors to emit the different wavelengths of interest).
Therefore, in order to provide for different kinds of LEDs that emit different peak wavelengths of interest, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have applied the same technique as suggested by Bhat wherein a converter layer is arranged on at least one pixel of the pixelated emitter array, which is configured to at least partially convert the light emitted by the pixel into light of a different wavelength, in particular broadband light, see teaching found in Bhat, paragraph [0046].
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GERALD JOHNSON whose telephone number is (571)270-7685. The examiner can normally be reached Monday-Friday 8am-5pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carey Michael can be reached at (571)270-7235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Gerald Johnson/
Primary Examiner, Art Unit 3797