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
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/12/26 has been entered.
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, 3-4, 6-7, 9-11, 13-15, 17-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 2021/0128073, in view of Mukkamala et al. (US 2021/0267550) and further in view of Hayasaka et al. (US 2010/0053119).
Addressing claims 1 and 17, discloses a method of providing a biomarker by a display device, the method comprising (see Fig. 11):
a first guide that guides a user to place a finger on a optical reflection-sensing region (see Fig. 5; 510);
generating a first photoplethysmography (PPG) signal by performing a PPG sensing operation when the finger is located on the reflection-sensing region (see Fig. 5 and [0050], 520);
one guidance that requests the user to adjust the finger (see Fig. 5; 530);
generating at least one second PPG signal by performing the PPG sensing operation when the finger is move on the reflection-sensing region (see Fig. 5 and [0050], 540);
selecting an optimal PPG signal having a highest signal quality among the first PPG signal and the at least one second PPG signal (see Fig. 5, 550);
displaying on the display panel a digital vascular biomarker of the user determined based on the optimal PPG signal (see Fig. 11 and abstract; monitor and display vascular health information);
a method of providing a biomarker by a display device, the method comprising: generating a first biological signal based on a sensing operation performed for a finger of a user (see Fig. 5, 510);
instructing the user to adjust a position of the finger (see Fig. 5, 530);
generating a second biological signal based on a sensing operation performed for the adjusted position of the finger (see Fig. 5, 540;
selecting the first biological signal or the second biological signal (see Fig. 5, element 550);
displaying a biomarker on the display screen based on the selected first biological signal or the second biological signal (see Fig. 11).
Lee does not explicitly disclose place the finger on the screen/display, tilt the finger followed instruction on the image/screen/display; first sub-image and second sub-image. In the same field of endeavor, Mukkamala discloses first guidance image and second guidance image as place the finger on the screen/display, tilt the finger followed instruction on the image/screen/display and move finger up (see [0072], [0077]; Figs. 4B and 5; adjust finger by tilting follow on-screen instruction; obvious to one of ordinary skill in the art that tilting would tilt finger one direction or another such as left, right, up or down, etc.; finger should be place on 430 of the screen/display 418; the screen 502 is depicting a finger silhouette 504 together with on-screen instructions 506; instruction with silhouette together could be consider an sub-image on the screen 502; words displayed on a computer screen are considered an sub-image to the display hardware; Lee discloses providing first and second guide, etc. to guide user for fingerprint; the first time Mukkamala guide patient to put finger on the silhouette is the first guidance image with the first sub-image; the second time Mukkamala guide patient to tilt/move up finger on the silhouette is the second guidance with second sub-image; as see in Fig. 5, silhouette are 504 and 508 (the first and second sub-images); depend on the instruction the silhouette could be in different locations; Mukkamala discloses displaying on a display panel of the display device guidance images such as first guidance image, tilt image, etc.; it is not clear if Lee finger guidance is an image on the display; Mukkamala explicitly discloses finger guidance is an image on the display). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee to have place the finger on the screen/display, tilt the finger followed instruction on the image/screen/display as taught by Mukkamala because this provides convenient, accuracy as guidance, health data and user could press finger on the same screen (see abstract).
Lee discloses finger guidance to guide a user to place a finger on a reflection-sensing region. Mukkamala explicitly discloses finger guidance have image and sub-image on the display. However, Lee and Mukkamala do not explicitly disclose transmitting/emitting region/pixels/image adjacently surrounding the reflection-sensing region/image/pixels (see applicant’s specification paragraph [0099] and Fig. 17). The arrangement of transmitting region/pixels/image and sensing/receiving region/pixels/image only require routine skill in the art (In reJapikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice). Hayasaka explicitly discloses transmitting region/pixels/image surrounding the reflection-sensing region/image/pixels (see Fig. 3 and [0032]; Pa is the transmitting region/pixels/image surround the pick-up/sensing region/image/pixel). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee to have transmitting region/pixels/image surrounding the sensing region/image/pixels as taught by Hayasaka because this arrangement provides an advantage of making the device more compact (see [0011]; reduce thickness).
Addressing claims 4, 7, 11, 13 and 18, Lee discloses:
addressing claim 4, wherein generating the at least one second PPG signal includes: generating a left tilt PPG signal by performing the PPG sensing operation when the finger is tilted to the left; and generating a right tilt PPG signal by performing the PPG sensing operation when the finger is tilted to the right (see Fig. 5; Lee discloses generate first and second PPG signal after guiding the finger to first and second contact position; Mukkamala discloses image with instruction to tilt finger left or right or up or down (see Fig. 5 and [0077])).
addressing claim 7, wherein generating the at least one second PPG signal includes: generating a left tilt PPG signal by performing the PPG sensing operation when the finger is tilted to the left; generating a right tilt PPG signal by performing the PPG sensing operation when the finger is tilted to the right; generating an upward tilt PPG signal by performing the PPG sensing operation when the finger is tilted upward; and generating a downward tilt PPG signal by performing the PPG sensing operation when the finger is tilted downward (see Fig. 5; Lee discloses generate first and second PPG signal after guiding the finger to first and second contact position; Mukkamala discloses image with instruction to tilt finger left or right or up or down (see Fig. 5 and [0077])).
addressing claim 11, wherein generating the at least one second PPG signal includes: generating a left tilt PPG signal by performing the PPG sensing operation when the finger is tilted to the left; and generating a right tilt PPG signal by performing the PPG sensing operation when the finger is tilted to the right, and wherein generating the at least one third PPG signal includes: generating an upward movement PPG signal by performing the PPG sensing operation when the finger moves upward; and generating a downward movement PPG signal by performing the PPG sensing operation when the finger moves downward (see Fig. 5; Lee discloses generate first and second PPG signal after guiding the finger to first and second contact position; Mukkamala discloses image with instruction to tilt finger left or right or up or down).
addressing claim 13, wherein displaying the digital vascular biomarker of the user includes: displaying at least one of a blood pressure, a heart rate, a stress level, or a cardiovascular health of the user determined based on the optimal PPG signal (see [0029] and [0065]).
addressing claim 18, wherein each of the first biological signal and the second biological signal is a photoplethysmography (PPG) signal (see Fig. 1 and [0050]).
Addressing claims 3, 6, 9-10, 14-15 and 20, Mukkamala discloses:
addressing claim 3, wherein displaying the at least one tilt guidance image includes: displaying a left tilt guidance image that requests the user to tilt the finger to left; and displaying a right tilt guidance image that requests the user to tilt the finger to right (see [0077] and Fig. 5; tilt or roll would be to the left or right).
addressing claim 6, wherein displaying the at least one tilt guidance image further includes: displaying an upward tilt guidance image that requests to tilt the finger upward; and displaying a downward tilt guidance image that requests to tilt the finger downward (see [0077]; tilt finger would tilt left, right, up or down).
addressing claim 9, displaying at least one movement guidance image that requests movement of the finger; and generating at least one third PPG signal by performing the PPG sensing operation when the finger move (see [0077] and [0110]; reposition finger multiple time until PPG measurement is valid).
addressing claim 10, wherein displaying the at least one tilt guidance image includes: displaying a left tilt guidance image that requests to tilt the finger to left; and displaying a right tilt guidance image that requests to tilt the finger to right, and wherein displaying the at least one movement guidance image includes: displaying an upward movement guidance image that requests the user to move the finger upward; and displaying a downward movement guidance image that requests the user to move the finger downward (see [0077]).
addressing claim 14, storing optimal guidance image information representing an optimal guidance image for the user, wherein the optimal guidance image is a guidance image corresponding to the optimal PPG signal among the initial guidance image and the at least one tilt guidance image (see Fig. 5, [0077] and [0110]; once valid results are obtained, the specific finger position that provided the best valid results could be stored in a user setting so that subsequent measurements could start with a prompt for that finger position);
addressing claim 15, displaying the optimal guidance image for the user based on the optimal guidance image information when the user subsequently requests sensing of the digital vascular biomarker; generating a subsequent PPG signal by performing the PPG sensing operation; and displaying the digital vascular biomarker of the user determined based on the subsequent PPG signal (see [0040] and [0110]; stored in a user setting so that subsequent measurements could start with a prompt for that finger position; prompt on the screen is an image guidance of the optimal finger position; measure PPG and output/display blood pressure).
addressing claim 20, wherein the finger adjustment image instructs the user to tilt or move the finger wherein the optical reflection-sensing region does not sense contact force or pressure (see [0077]; Hayasaka discloses the optical reflection-sensing region does not sense contact force or pressure (see [0029] and [0039]; only sense finger position and pick up image of the finger)).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 2021/0128073), in view of Mukkamala et al. (US 2021/0267550), further in view of Hayasaka et al. (US 2010/0053119) and Arias et al. (US 2022/0039708).
Addressing claim 2, Lee does not disclose light sensing using organic photodiode. In the same field of endeavor, Arias discloses light sensing using organic photodiode (see [0015]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee to have light sensing using organic photodiode as taught by Arias because it is flexible, stretchable and low cost (see [0007] and [0049]). Hayasaka discloses the optical reflection-sensing region does not sense contact force or pressure (see [0029] and [0039]; only sense finger position and pick up image of the finger).
Claims 5, 8, 12 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 2021/0128073), in view of Mukkamala et al. (US 2021/0267550), further in view of Hayasaka et al. (US 2010/0053119) and Sun et al. (US 2020/0146629).
Addressing claims 5, 8 and 12, Lee does not disclose selecting the optimal PPG signal having a largest AC component. In the same field of endeavor, Sun discloses selecting the optimal PPG signal having a largest AC component (see [0131] and Figs. 5-14B; perform several measures and select the highest AC component and suggest user wearing hole/position that give the best/optimal PPG with highest AC component). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lee to select the optimal PPG signal having a largest AC component as taught by Sun because this gives optimal measurement result (see Fig. 12).
Addressing claim 19, Sun discloses wherein selecting the first biological signal or the second biological signal includes: determining a signal quality of the first biological signal; determining a signal quality of the second biological signal; comparing the signal quality of the first biological signal and the signal quality of the second biological signal; and selecting the second biological signal based on the comparison, and wherein the second PPG signal has a higher signal quality than the first PPG signal (see Fig. 5, obtain N PPG signals from N positions; select the optimal signal (signal with highest quality); prompt user to the position that give the highest quality signal; examiner interprets the claim as obtain plurality of measurement signals; compare and select the signal with the highest quality).
Response to Arguments
Applicant's arguments filed 02/10/26 have been fully considered but they are not persuasive. Applicant argues Hayasaka failed to disclose such sensors to be reflection-sensing, such as to detect reflected light emitted by surrounding and adjacent emitting pixels. Applicant’s argument is not persuasive because Hayasaka sense the position of the finger from the emitted light by the emitting pixels (see [0010], [0033], [0038], [0040], [0052], Figs. 2-3, 5A-C; Hayasaka discloses surrounding and adjacent emitting pixels Pa emit light on the display as an image; this image light irradiate the finger; it reflect back and condense through the lens 12b for the reflection-sensing pixels Pb to pick up (sense); process this light signal the system determine the position of the finger and generate image of finger). Applicant argues Hayasaka may arguably disclose a sensing region adjacently surrounded by an emitting region of the display panel, that sensing region is unworkable without other triangulating sensing regions, and none are disclosed to be a reflection-sensing region. Applicant’s argument is not persuasive because Hayasaka discloses reflection-sensing region/pixels Pb. Hayasaka does not discloses triangulating. Further, even if Hayasaka use triangulation, the claims do not claim triangulation can not be used. Hayasaka discloses the claim limitation which is having transmitting region/pixels surround receiving region/pixels.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2022/0133241 (see Fig. 18C; graphic/image that guide finger placement); US 20120016245 (see Fig. 3; LEDs to transmit light for sensing surround the detector PD); US 20200201117 (see Fig. 11 and [0082]; the infrared emitting region C surrounding the fingerprint sensing region B) and US 20220366720 (see [0097] and Fig. 10-11; light emitting region surround light receiving/sensing region).
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/HIEN N NGUYEN/
Primary Examiner
Art Unit 3797
Prosecution Insights