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 Amendment
In response to amendment filed June 29, 2026, claims 1, 3, 8 and 10 are amended. Claim 2 has been cancelled and no new claims have been added. Claims 1 and 3-10 are pending.
Response to Arguments
Applicant's arguments filed June 29, 2026 have been fully considered but they are not persuasive with respect to the amendments to independent claims 1 and 10 that recite “an exhaled air guide path to pass only exhaled air” and “an inhaled air guide path to pass only inhaled air”. Examiner notes that Xian discloses in [0072] that there is an exhalation one-way valve which is interpreted to be the path through which only the exhaled air is guided as it is an one-way valve that guides flow and further Xian (US 20210378546 A1; previously cited by applicant) discloses in [0072] that there is an inhalation one-way valve which is interpreted to be the path through which only the inhaled air is guided as it is an one-way valve that guides flow which meets the amended limitation.
Applicant’s arguments, see Remarks, filed June 29, 2026, with respect to the rejection(s) of claim(s) 1, 3-6 and 10 under 35 U.S.C 103 have been fully considered and are persuasive in view of the amendments “a first light projector to emit light towards the exhaled air in the exhaled air guide path” and “a second light projector to emit light towards the inhaled air in the inhaled air guide”. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Sonnon (US 20230107113 A1; previously cited).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 and 3-10 are rejected under 35 U.S.C. 103 as being unpatentable over Xian (US 20210378546 A1; cited by applicant) in view of Gerder (US 20210405008 A1; cited by applicant) and Sonnon (US 20230107113 A1; previously cited).
With respect to claim 1, Xian discloses a respiratory sensor (see paragraph 0014: wearable metabolic analysis apparatus that has a device body with an integrated colorimetric sensor chip that measures oxygen and carbon dioxide which is respiration; and see paragraph 0066 and Fig. 3A-3B: colorimetric sensing module #105 is shown) comprising:
an exhaled air guide path to pass only exhaled air (see paragraph 0072: exhalation one-way valve #403 is the path which exhaled air flows);
an inhaled air guide path to pass only inhaled air (see paragraph 0072: inhalation one-way valve is the path which inhaled air flows);
a light wave circuit (see paragraph 0066-0069, colorimetric sensing module has a plurality of components including an LED array #304 and photodiode array #310; there are four LEDs #304 and four photodiodes #310 where there is one of each for each sensing area) including:
a first light projector to emit light toward exhaled air (see paragraph 0066-0069: the first LED in sensing area #311 which emits light towards exhaled air where it measures carbon dioxide, CO2), a first light receiver to receive light emitted by the first light projector (see paragraph 0066-0069: sensing area #311 is a CO2 sensing area on a sensor chip that receives light from first LED which is aligned with it),
a second light projector to emit light to the inhaled air (see paragraph 0066-0069: the second LED in sensing area #312 which emits light towards inhaled air where it measures oxygen, O2), and a second light receiver to receive light emitted from the second light projector (see paragraph 0066-0069: sensing area #312 is a O2 sensing area on a sensor chip that receives light from second LED which is aligned with it), and formed on a wafer (see paragraph 0068-0069 and Fig. 3B: the LED’s, sensing areas and photodiodes are aligned in colorimetric sensing module and where a sensor chip #307 which is a plastic molded substrate is inserted into the colorimetric sensing module); and
a detector to detect at least one of a state of the exhaled air from light received by the first light receiver and a state of the inhaled air from light received by the second light receiver (see paragraph 0065-0069: photodiodes array #310 is part of photodetector assembly with a photodiode circuit #309 where it detects carbon dioxide and oxygen in a breath).
Xian does not disclose that the light wave circuit is formed on a semiconductor wafer.
Gerder teaches a semiconductor wafer (see paragraph 0063: semiconductor sensor mechanisms on a chip).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Xian with the teachings of Gerder to have formed a circuit on a semiconductor wafer because it would have resulted in the predictable result of making it possible to integrate oxygen and carbon dioxide sense mechanism directly at a measuring point (Gerder: see [0063]).
Xian and Gerder do not specifically teach wherein: the first light projector emits light to the exhaled air in the exhaled air guide path, and the second light projector emits light to the inhaled air in the inhaled air guide path.
Sonnon teaches a first light projector emits light to the exhaled air (see paragraph 0026 and 0034: one or more light emitter #217 emit light to exhaled air to detect carbon dioxide) and a second light projector emits light to inhaled air (see paragraph 0026 and 0034: one or more light emitters #217 emit light to inhaled air to detect oxygen).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Xian and Gerder with the teachings of Sonnon to have different light projectors emitting light to an exhaled air guide path and an inhaled air guide path because it would have resulted in the predictable result to measure a gas of interest as being carbon dioxide during exhalation and oxygen during inhalation (Sonnon: see [0034]).
With respect to claim 3, all limitations of claim 1 apply in which Xian further discloses a holding member (see paragraph 0038 and 0045: disposable mask #101) capable of holding the light wave circuit on a human body in such a manner that the light wave circuit is located around a mouth and a nose of the human body (intended use: see paragraph 0038-0045, disposable mask #101 and device body which includes colorimetric sensing module is integrated or merged into one unit around a user’s face including nose and mouth).
With respect to claim 4, all limitations of claim 3 apply in which Xian further discloses wherein the holding member has flexibility and is formed in a sheet shape (see paragraph 0045: disposable mask is formed of flexible materials and formed in sheet shape as seen in Fig. 4A).
With respect to claim 5, all limitations of claim 1 apply in which Xian further discloses wherein the detector detects a particle contained in the exhaled air or the inhaled air (see paragraph 0065-0069: photodiodes array #310 is part of photodetector assembly with a photodiode circuit #309 where it detects carbon dioxide and oxygen in a breath).
With respect to claim 6, all limitations of claim 1 apply in which Xian further discloses wherein the detector detects a gas contained in the exhaled air or the inhaled air on a basis of absorption of light having a specific wavelength emitted from the first light projector (see paragraph 0065-0069: photodiodes array #310 is part of photodetector assembly with a photodiode circuit #309 where it detects carbon dioxide and oxygen in a breath; and see paragraph 0062-0063: a specific wavelength of light is emitted by LED to detect carbon dioxide).
With respect to claim 7, all limitations of claim 1 apply in which Xian further discloses wherein the first light projector emits light having wavelengths (see paragraph 0062-0063: a specific wavelength of light is emitted by LED to detect carbon dioxide; and see paragraph 0066: because color changes for oxygen and carbon dioxide reaction are more sensitive to red light, illuminating wavelengths of 630nm are used).
Xian and Gerder do not specifically disclose wherein the first light projector emits light having a plurality of wavelengths.
Sonnon teaches light projectors the emit light having a plurality of wavelengths (see paragraph 0026 and 0034: light emitters #217 emit LED lights at wavelengths between 4.0 and 4.5 micrometers).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Xian and Gerder with the teachings of Sonnon to have and light projector that emits a plurality of wavelengths because it would have resulted in the predictable result of measuring multiple types of gases or molecules of interest and in this case both oxygen and carbon dioxide (Sonnon: see [0034]- [0035]).
With respect to claim 8, all limitations of claim 1 apply in which Xian further discloses a first rectifier to rectify the exhaled air in the exhaled air guide path in such a manner that the exhaled air in the exhaled air guide path flows only in a first direction (see paragraph 0072: exhalation one-way valve #403 is the path which exhaled air flows); and a second rectifier to rectify the inhaled air in the inhaled air guide path in such a manner that the inhaled air in the inhaled air guide path flows in only a second direction (see paragraph 0072: inhalation one-way valve is the path which inhaled air flows).
With respect to claim 9, all limitations of claim 1 apply in which Xian and Gerder do not specifically disclose wherein the detector determines whether a detection target is exhaled air or inhaled air on a basis of a detection result.
Sonnon teaches a detector that determines whether a detection target is exhaled air or inhaled air on a basis of a detection result (see paragraph 0032-0035: detectors #219 detect and measure gases based on wavelength absorption where light at a selected wavelength may be blocked by carbon dioxide traveling through the nose on exhale or during inhalation).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the detector taught Xian and Gerder with the teachings of Sonnon because it would have resulted in the predictable result of knowing whether air has been inhaled or exhaled by determining the concentration of carbon dioxide as exhaled air has a greater concentration of carbon dioxide (Sonnon: see [0034][0035]).
With respect to claim 10, Xian discloses an exhaled/inhaled air detection method performed by a respiratory sensor (see paragraph 0014 and 0053: wearable metabolic analysis apparatus that has a device body with an integrated colorimetric sensor chip that measures oxygen and carbon dioxide for analysis of a user’s breath which is respiration; and see paragraph 0066 and Fig. 3A-3B: colorimetric sensing module #105 is shown) including:
an exhaled air guide path to pass only exhaled air (see paragraph 0072: exhalation one-way valve #403 is the path which exhaled air flows);
an inhaled air guide path to pass only inhaled air (see paragraph 0072: inhalation one-way valve is the path which inhaled air flows);
a first light wave circuit (see paragraph 0066-0069, colorimetric sensing module has a plurality of components including an LED array #304 and photodiode array #310; there are four LEDs #304 and four photodiodes #310 where there is one of each for each sensing area) including a first light projector (see paragraph 0066-0069: the first LED in sensing area #311 which emits light towards air where it measures carbon dioxide, CO2), a first light receiver (see paragraph 0066-0069: sensing area #311 is a CO2 sensing area on a sensor chip that receives light from first LED which is aligned with it), a second light projector (see paragraph 0066-0069: the second LED in sensing area #312 which emits light towards air where it measures oxygen, O2), and a second light receiver (see paragraph 0066-0069: sensing area #312 is a O2 sensing area on a sensor chip that receives light from second LED which is aligned with it), and the respiratory sensor being formed on a wafer (see paragraph 0068-0069 and Fig. 3B: the LED’s, sensing areas and photodiodes are aligned in colorimetric sensing module and where a sensor chip #307 which is a plastic molded substrate is inserted into the colorimetric sensing module); and a detector (see paragraph 0065-0069: photodiodes array #310 is part of photodetector assembly with a photodiode circuit #309 where it detects carbon dioxide and oxygen in a breath),
the exhaled/inhaled air detection method comprising:
emitting, by the first light projector, light toward exhaled air in the exhaled air guide path (see paragraph 0066-0069: the first LED in sensing area #311 which emits light towards exhaled air where it measures carbon dioxide, CO2);
receiving, by the first light receiver, light emitted by the first light projector (see paragraph 0066-0069: sensing area #311 is a CO2 sensing area on a sensor chip that receives light from first LED which is aligned with it);
emitting, by the second light projector, light toward the inhaled air in the inhaled air guide path (see paragraph 0066-0069: the second LED in sensing area #312 which emits light towards inhaled air where it measures oxygen, O2);
receiving, by the second light receiver, light emitted by the second light projector (see paragraph 0066-0069: sensing area #312 is a O2 sensing area on a sensor chip that receives light from second LED which is aligned with it); and
detecting, by the detector, at least one of a state of the exhaled air in the exhaled air guide path from light received by the first light receiver and a state of the inhaled air in the inhaled air guide path from light received by the second light receiver (see paragraph 0065-0069: photodiodes array #310 is part of photodetector assembly with a photodiode circuit #309 where it detects carbon dioxide and oxygen in a breath).
Xian does not disclose that the light wave circuit is formed on a semiconductor wafer.
Gerder teaches a semiconductor wafer (see paragraph 0063: semiconductor sensor mechanisms on a chip).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Xian with the teachings of Gerder to have formed a circuit on a semiconductor wafer because it would have resulted in the predictable result of making it possible to integrate oxygen and carbon dioxide sense mechanism directly at a measuring point (Gerder: see [0063]).
Xian and Gerder do not specifically teach a first light projector that emits light to the exhaled air in the exhaled air guide path, and a second light projector emits light to the inhaled air in the inhaled air guide path.
Sonnon teaches a first light projector emits light to the exhaled air (see paragraph 0026 and 0034: one or more light emitter #217 emit light to exhaled air to detect carbon dioxide) and a second light projector emits light to inhaled air (see paragraph 0026 and 0034: one or more light emitters #217 emit light to inhaled air to detect oxygen).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Xian and Gerder with the teachings of Sonnon to have different light projectors emitting light to an exhaled air guide path and an inhaled air guide path because it would have resulted in the predictable result to measure a gas of interest as being carbon dioxide during exhalation and oxygen during inhalation (Sonnon: see [0034]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/N.N.P./Examiner, Art Unit 3791
/JENNIFER ROBERTSON/Supervisory Patent Examiner, Art Unit 3791
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