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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “measurement diagnosis part” in claims 1, 5-7, 9, and 13-15 with specification support found in published paragraph [0092].
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Objections
Claims 1-16 are objected to because of the following informalities: The component numbers found throughout the claims should be removed. Appropriate correction is required.
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 8 and 16 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.
In claims 8 and 16, instances of “bio-signal measurement part” and “diagnosis part” would be interpreted under 112f, but there is no support as to what the corresponding structure is. Therefore, the terms are unclear.
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 1-6 and 9-14 are rejected under 35 U.S.C. 103 as being unpatentable over Haan et al (US Pub 2019/0000391 -cited by applicant as JP 2019-505263) in view of Jong (KR 2020-0001911 -cited by applicant).
Re claims 1, 9: Haan discloses a perfusion imaging-based non-contact autonomic nervous system response multi-dimensional bio-signal measurement system, comprising:
a light source configured to emit light outside a visible light region, for measuring a multi-dimensional bio-signal in a non-contact manner [0055; see the illumination unit 22 such as a lamp or LED to illuminate a patient’s skin];
a multi-dimensional multi-spectral camera configured to photograph amplified reflected light reflected after emitted from the light source, and generate an image sequence of the bio-signal accordingly [0036, 0053, 0078; see the camera 18 with 2D sensor as the imaging unit]; and
a measurement diagnosis part configured to measure heart rate and oxygen saturation through image processing of the image sequence of the bio-signal generated from photographing by the multi-dimensional multi-spectral camera [0026, 0070; see the combination unit 31 and image generation unit 32 wherein the PPG image shows pulsatility (i.e. heart rate) and oxygen saturation through an absorption spectrum].
Haan further discloses an imaging method with corresponding steps of emitting, photographing, and measuring by the diagnosis part [see abstract method and corresponding citations above].
Haan discloses all features including a plethysmographic sensor 19, except that the diagnosis part further measures blood flow per second and blood pressure through image processing of the image sequence of the bio-signal generated from photographing by the multi-dimensional multi-spectral camera. However, Jong teaches a part that further measures blood flow per second and blood pressure through image processing of the image sequence of the bio-signal generated from photographing by the multi-dimensional multi-spectral camera [0115, 0120; see the PPG signal p(t) and pressure signal from the photographing]. It would have been obvious to the skilled artisan to modify Haan, to measure these additional parameters as taught by Jong, in order to efficiently and accurately diagnosis a patient.
Re claims 2, 10: Haan discloses that the light source is configured to emit the light outside the visible light region, for measuring the multi-dimensional bio-signal in a non-contact manner, and emit the light in two different wavelengths [0055; see the infrared light and the at least two wavelength channels].
Re claims 3, 11: Haan discloses the light source comprises a red LED for emitting red light and an infrared LED for emitting infrared light, as the light in the two different wavelengths outside the visible light region, for measuring the multi-dimensional bio-signal in a non-contact manner [0055; see the infrared light and the red light for illumination].
Re claims 4, 12: Haan discloes the multi-dimensional multi-spectral camera is an infrared camera configured to photograph the amplified reflected light reflected after emitted from the light source and generate the image sequence of the bio-signal [0036; see the wavelength between 400 nm and 1200 nm which includes infrared].
Re claims 5, 13: Haan discloses all features including measurement of heart rate and oxygen saturation, but do not disclose diagnosis part is configured to measure the heart rate, the oxygen saturation, the blood flow per second, and the blood pressure through image processing of the image sequence of the bio-signal generated from photographing by the multi-dimensional multi-spectral camera, and is configured to measure the heart rate by extracting valid pixels through clustering from the image sequence of the bio-signal generated from photographing by the multi-dimensional multi-spectral camera. However, Jong teaches a part that further measures blood flow per second and blood pressure through image processing of the image sequence of the bio-signal generated from photographing by the multi-dimensional multi-spectral camera wherein valid pixels are extracted through clustering [0115, 0120; see the PPG signal p(t) and pressure signal from the photographing, wherein pixel values are separated and these are considered as ‘valid’].
Re claims 6, 14: Haan discloses the measurement diagnosis part is configured to measure the oxygen saturation by receiving, from the multi- dimensional multi-spectral camera, the image sequence obtained by photographing the amplified reflected light obtained as the light is emitted alternately from the red LED and the infrared LED of the light source and is reflected [0055, 0068; see the infrared and red LED illumination for oxygen saturation measurement as indicated by the absorption spectrum].
Claims 7, 8, 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Haan et al (US Pub 2019/0000391 -cited by applicant as JP 2019-505263) in view of Jong (KR 2020-0001911 -cited by applicant), and further in view of Park (KR 2021-0085867 -cited by applicant)
Re claims 7, 15: Haan/Jong disclose all features except the measurement diagnosis part is configured to measure the blood pressure without physical contact by using the measured heart rate and the measured oxygen saturation, and a change in the blood flow per second measured through a deep neural network based on a measured amount of reflected light. However, Park measuring the blood pressure without physical contact by using the measured heart rate and the measured oxygen saturation, and a change in the blood flow per second measured through a deep neural network based on a measured amount of reflected light [0004, 0080, figure 4; see the deep neural network that is used to measure the parameters]. It would have been obvious to the skilled artisan to modify Haan/Jong, to utilize a neural network as taught by Park, in order to quickly and accurately use the measurement values and make a diagnosis.
Re claims 8, 16: Haan (with Park) discloses the measurement diagnosis part comprises: an image processor configured to perform signal processing on images of the image sequence of the bio-signal generated through photographing by the multi-dimensional multi-spectral camera; a bio-signal measurement part configured to measure the heart rate and oxygen saturation using the images subjected to signal processing by the image processor; and a diagnosis part configured to diagnose a lesion using the heart rate and oxygen saturation measured by the bio-signal measurement part [0089; see the lesion that is diagnosed from the measured information]. Haan discloses all features except that the diagnosis is based on blood pressure through image processing. However, Jong teaches a part that further measures blood pressure through image processing of the image sequence of the bio-signal generated from photographing by the multi-dimensional multi-spectral camera [0115, 0120; see the PPG signal p(t) and pressure signal from the photographing]. It would have been obvious to the skilled artisan to modify Haan, to measure these additional parameters as taught by Jong, in order to efficiently and accurately diagnosis a patient.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL T ROZANSKI whose telephone number is (571)272-1648. The examiner can normally be reached Mon - Fri 8:00-4:00.
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/MICHAEL T ROZANSKI/Primary Examiner, Art Unit 3797