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 .
Specification
The title of the invention is not descriptive. The current title is highly vague and provides little informative value for a person of ordinary skill in the art whether the document warrants further review. A new title is required that is clearly indicative of the invention to which the claims are directed. MPEP 606.01 guides that a descriptive title may result in slightly longer title, but the loss in brevity of title will be more than offset by the gain in its informative value in indexing, classifying, searching, etc.
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) 1-7 and 16-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zilkie et al. (WO 2021/116766) submitted in IDS of 04/11/2024).
1. (and claim 20). A device for non-invasively measuring a level of an analyte in a user using Stimulated Raman Scattering (Figs. 47-60: "Raman spectrometer"), comprising:
a Raman pump source that emits pump light toward a skin surface of the user at a pump wavelength (Para. [0047]: "Raman spectroscopy can be carried out using the pump-probe pairs of lasers"; Para. [00278]: "The plurality of lasers includes a plurality of fixed wavelength DBR pump lasers 4703"; The recitation of the skin does not serve to structurally distinguish as it is a statement of intended use/object to be worked upon by the apparatus. See MPEP 2115);
a Stokes source that emits Stokes light toward the skin surface at a plurality of Stokes wavelengths (Para. [00278]: "a plurality of fixed wavelength probe lasers 4733") within a window of Raman measurement wavelengths, wherein the Stokes light comprises a plurality of narrowband emissions (id "a plurality of fixed wavelength") at a plurality of respective center wavelengths within (ranging across ) the window of Raman measurement wavelengths (Para. [00278]:"the fixed wavelength of the DBR corresponds to a wavelength within the wavelength range of the RSOA gain spectrum…the Pump lasers 4703 correspond to wavelengths within the range of 1250-1700nm and the probe wavelengths correspond to wavelengths within the range of 1300-1850nm.");
a photodetector that measures light that emanates from the skin surface (Para. [00279]: "photodetectors 4702-1, 4702-L"); and
a processor that processes the measured light to provide an estimated analyte level of the analyte in the user (Para. [00166]: "The concentration of the analyte can then be calculated from the spectrum. Calculation may be achieved via the algorithms embedded or from an algorithm set up by the on-board computer, CPU, or FPGA.").
2. The device of claim 1, wherein the Stokes source emits Stokes light that is narrowband relative to the window of Raman measurement wavelengths (Para. [00279]: "When in use, only one pump and probe laser pair is on at one time. Separate Rx detectors can be summed, heterodyned or differentially measured. More than one pair can be on at a same time, with single detector integrating multiple Raman peaks simultaneously. The pairs may be cycled through in time").
3. The device of claim 2, wherein the Stokes source comprises a variable wavelength narrowband laser configured to provide the plurality of narrowband emissions at the plurality of the respective center wavelengths (Para. [00298]: "A further embodiment is disclosed in FIG. 60 which differs from previous SRS Raman spectrometers disclosed in that the pump laser is tunable (e.g. by replacing the DBR grating with thermally tunable ring resonators) and therefore generates light of a variable wavelength").
4. The device of claim 3, wherein the variable wavelength narrowband laser is configured to be swept continuously from one end to another end of the window of Raman measurement wavelengths during non-invasive analyte measuring (Para. [00279]: "When in use, only one pump and probe laser pair is on at one time…The pairs may be cycled through in time").
5. The device of claim 2, wherein the Stokes source comprises a plurality of fixed-wavelength narrowband laser sources, each having a different center wavelength within the window of Raman measurement wavelengths (Para. [00279]: "When in use, only one pump and probe laser pair is on at one time…The pairs may be cycled through in time").
6. The device of claim 5, wherein the photodetector is a photodiode that detects light across the window of Raman measurement wavelengths, and wherein the plurality of fixed-wavelength narrowband laser sources are activated one-at-a-time during non-invasive analyte measuring (This claim is not found to impart any structure, but rather states how the elements are intended to be operated and is not found to structurally distinguish from Zilkie. See also para. [00279]: "When in use, only one pump and probe laser pair is on at one time…The pairs may be cycled through in time").
7. The device of claim 5, wherein the photodetector detects light across a range of wavelengths including both the pump wavelength and the window of Raman measurement wavelengths, and wherein at least one of modulation of the Raman pump source, time modulation of the Stokes source, or different modulations of both the Raman pump source and the Stokes source are used to allow differentiation of Raman pump wavelength light from light having wavelengths lying within the window of Raman measurement wavelengths (This claim is not found to impart any structure, but rather states how the elements are intended to be operated and is not found to structurally distinguish from Zilkie).
16. The device of claim 1, wherein the photodetector is a broad-range photodiode (Para. [00279]: "photo detector e.g. InGaAs for highest sensitivity with a band pass DBR filter (e.g. transmitting same range as probe lasers ex 1700-1800). ").
17. The device of claim 1, wherein the analyte is glucose (Para. [00265]: "measuring blood glucose non-invasively").
18. A computer-implemented method (Para. [00166]:"Calculation may be achieved via the algorithms embedded or from an algorithm set up by the on-board computer, CPU, or FPGA." See citations given for claim 1 above for the claimed steps) for non-invasively measuring a level of an analyte in a user using Stimulated Raman Scattering, comprising:
emitting, by a Raman pump source, pump light toward a skin surface of the user at a pump wavelength;
emitting, by a Stokes source, Stokes light toward the skin surface at a plurality of Stokes wavelengths within a window of Raman measurement wavelengths, wherein the Stokes light comprises a plurality of narrowband emissions at a respective plurality of center wavelengths ranging across the window of Raman measurement wavelengths;
measuring, by a photodetector, light that emanates from the skin surface; and
processing, by a processor, the measured light to provide an estimated analyte level of the user.
19. The computer-implemented method of claim 18, wherein the Stokes source emits Stokes light that is narrowband relative to the window of Raman measurement wavelengths See citations given for claim 2 above.
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) 8-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zilkie as applied to claim 7 above, and further in view of Cheng et al. (US 2014/0218726).
Zilkie shows all the elements of claim 7 as discussed above, and further teaches to use lock-in detection electronics (Paras. [00275],[00277]) but does not show that the lock-in detection electronics is a lock-in amplifier.
Cheng shows Stimulated Raman Scattering microscopy and that using lock-in amplifiers were common at para. [0010], "Lock-in amplifiers (analog or digital) are commonly used for extraction of heterodyne-detected signals like SRS."
Before the effective filing date of the claimed invention, it would have been obvious to a lock-in amplifier for the predictable result of extracting the detected signals with high signal-to-noise ratio.
9. The device of claim 8, wherein processing the measured light to provide an estimated analyte level of the user further comprises: determining a stimulated Raman gain for a particular wavelength of light based on the portion of the signal associated with the modulated source (Para. [00165]:"intensities of light of certain wavelengths received at low intensities (for example, as a result of high scattering or high absorbance) may be determined with greater accuracy").
10. The device of claim 9, wherein processing the measured light to provide an estimated analyte level of the user further comprises: determining a stimulated Raman gain for a plurality of wavelengths; and generating a Raman fingerprint for the skin surface of the user (Para. [00267]: "Raman fingerprints are Stokes energy down-shifts… and the fingerprints for in-vivo biomonitoring can range from 730 cm-1 for glucose")..
11. The device of claim 10, wherein processing the measured light to provide an estimated analyte level of the user further comprises: generating an estimated analyte level based on the Raman fingerprint for the skin surface of the user (Para. [00267]:"the fingerprints for in-vivo biomonitoring can range from 730 cm-1 for glucose up to 2845 cm-1 for CH2 stretch vibrations").
12. The device of claim 11, wherein: the modulated source is the Raman pump source; and the unmodulated source is the Stokes source (See para. [00290] where one or both are modulated).
13. The device of claim 8, wherein processing the measured light to provide an estimated analyte level of the user further comprises: determining a stimulated Raman loss for a particular wavelength of light based on the portion of the signal associated with the unmodulated source.
14. The device of claim 11, wherein: the modulated source is the Stokes source; and the unmodulated source is the Raman pump source (See para. [00290] where one or both are modulated).
15. The device of claim 5, wherein the Raman pump source and the fixed- wavelength narrowband laser sources of the Stokes source are VCSELs (Para. [00232]), and wherein no optical fibers or mirrors are used anywhere in the device (see Figs. 47-60 where photonic integrated chips are used. Furthermore, Zilkie does not each fiber and mirrors are critical).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hwa Andrew S Lee whose telephone number is (571)272-2419. The examiner can normally be reached Mon-Fri 9am-5:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michelle Iacoletti can be reached at (571) 270-5789. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Hwa Andrew Lee/Primary Examiner, Art Unit 2877