DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
2. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 07/07/2026 has been entered.
Claim Rejections - 35 USC § 103
3. 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.
4. Claims 1, 2, 4-17, 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Toussaint et al., (US 2025/0000398 A1) in view of Siddique et al., (US 2021/0191021 A1).
Regarding claim 1, Toussaint et al., disclose (Figs. 3-9) an electronic device (10) comprising a light source (18, Fig.3 or “An LED light source”, see Fig. 9 and [0065])
and a detector (28, Fig. 6), wherein the light source (the LED) comprises:
an electromagnetic spectral emission source (the LED) configured to output an electromagnetic spectral emission (see Fig.9, the LED light source generates a light to illuminate individual's finger, and [0065], the “LED light source spectrally centered at 780-nm wavelength”), and at least one of:
a polarization optical element (LP1) configured to polarize the electromagnetic spectral emission (Fig.9, the LP1 receives the electromagnetic spectral emission and [0065], “ linear polarizer (LP1) is subsequently used to ensure that vertically polarized light propagates through a zero-order vortex wave plate” toward the finger), and
a collimation optical element (L3, [0065], “collimating lens (L3)”) configured to focus or collimate the electromagnetic spectral emission (see Fig.9 and [0065], “collimating lens (L3) arranged in a 2f system”), wherein the electronic device is configured to emit the polarized electromagnetic spectral emission toward biological tissue (Fig.9 shows output path of the polarized electromagnetic spectral emission is directed to the finger) such that at least a portion of the electromagnetic spectral emission penetrates the biological tissue and is backscattered from within the biological tissue (see Figs 3, 4, 9 and [0048], “FIG. 4 the biological tissue 14 is human skin of a portion of a patient's body (e.g., a finger)…The depth of penetration of the light can depend on the wavelength with shorter wavelengths penetrating to a shorter depth than longer wavelengths”; and [0068], “the non-specular light reflected from the deep and diffuse layers of the finger is collected”).
Although Toussaint et al., disclose the detector receiving backscattered light from tissue as shown in Figs. 3-9, Toussaint et al., do not disclose a plurality of super pixels as claimed.
Siddique et al., disclose an image sensor [0046]) including a plurality of super pixels (500, see Fig. 7, an array 700 of super pixels 500), arranged at different positions (see Figs. 5, 7),
each super pixel (500, Fig.5) including a plurality of pixels ([0046], “polarizer 500 includes four polarizing filters 501-504 that each corresponds to a pixel (not shown) of an image sensor”)
configured to collect light polarization information (“S0, S1, S2 and S3”, [0039] and [0051], “Parameters determined from the linearly and circularly polarized images may be used to generate full Stokes parameters for the light of the image”). In combination, detector comprising a sensor with super pixels at different positions relative to the light source, collecting light polarization information from the electromagnetic spectral emission backscattered from within the biological tissue as claimed. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Toussaint et al., by utilizing the teaching of Siddique et al., to enable measurement of multiple polarization states, thereby achieving an ultrafast, a high field of view (FOV), monolithic sensor for non-invasion biological tissue detection (Siddique et al., [0034]).
Regarding claim 2, Toussaint et al., in view of Siddique et al., as discussed in claim 1, Toussaint et al., disclose wherein the polarization optical element (LP1, Fig.9) includes at least one of an active polarization optical element modulated by electrical input or a passive polarization optical element ([0065], “A linear polarizer (LP1) is subsequently used to ensure that vertically polarized light propagates through a zero-order vortex wave plate…for radially polarized vector field generation”, indicating a passive polarization optical element ).
Regarding claim 4, Toussaint et al., in view of Siddique et al., as discussed in claim 1, Toussaint et al., disclose wherein the collimation optical element (L3, Fig.9) comprises at least one focusing or lensing optical element ([0065], “collimating lens (L3)”).
Regarding claim 5, Toussaint et al., in view of Siddique et al., as discussed in claim 1, Toussaint et al., disclose wherein the electromagnetic spectral emission includes frequencies in a visible range or a near infrared (NIR) spectrum ([0065], “An LED light source spectrally centered at 780-nm wavelength”).
Regarding claim 6, Toussaint et al., in view of Siddique et al., as discussed in claim 1, Toussaint et al., disclose wherein the electromagnetic spectral emission source being a light emitting diode (LED), at least one laser diode, or a vertical-cavity surface-emitting laser (VCSELL) ([0065], “An LED light source spectrally centered at 780-nm wavelength”).
Regarding claims 7-8, Toussaint et al., in view of Siddique et al., as discussed in claim 1, Toussaint et al., do not disclose an electromagnetic spectrum filter as claimed. Siddique et al., disclose an electromagnetic spectrum filter (605, Fig.6E) configured to filter the electromagnetic spectral emission detected by the sensor ([0049], “Each respective spectral filter may be arranged to be aligned with a polarizer 500 and a photodetector, and reflect correspondingly different wavelengths of light”). Siddique et al., also disclose the electromagnetic spectrum filter being a color filter, a narrow band filter, a distributed Bragg filter or a broadband filter ([0049], “distributed Bragg reflector (DBR)” used to form spectral filters). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Toussaint et al., in view of Siddique et al., to improve signal quality and selectively detect desired wavelengths.
Regarding claim 9, Toussaint et al., in view of Siddique et al., as discussed in claim 7, Siddique et al., also disclose the electromagnetic spectrum filter (201, Fig. 2A) including one or more filter types (“201 a-201 d”, Fig. 2A), and each filter type is respectively associated with one or more pixels in the sensor (paragraph [0053], “filters 201 a-201 d with respect to four pixels 205-208”).
Regarding claim 10, Toussaint et al., in view of Siddique et al., as discussed in claim 7, Toussaint et al., disclose the sensor including at least one photo diode (PD) pixel ([0053], The light detector 28 includes a photodiode), avalanche photo diode (APD) pixel, and single-photon avalanche diode (SPAD).
Regarding claim 11, Toussaint et al., in view of Siddique et al., as discussed in claim 7, Toussaint et al., disclose the electromagnetic spectral emission source being positioned to be oriented 90 degrees relative to the detector (Fig.9 shows the light from the LED traveling the detector (camera) at the position 1. The position 1 is located at 90 degrees relative to the illumination axis to capture the light from light source LED).
Regarding claim 12, Toussaint et al., in view of Siddique et al., as discussed in claim 7, although Toussaint et al., disclose (Fig.3) the detector (28) further comprising a polarization filter (22) arranged in a predetermined arrangement (see Fig.3), Toussaint et al., do not disclose the at least one array, line, or row as claimed. Siddique et al., disclose a polarization filter (201, Fig.2) that at least one array, line, or row (see Fig.2). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Toussaint et al., by utilizing the teaching of Siddique et al., to capture multiple polarization states, and thus, leading to faster/better performance for the system.
Regarding claim 13, Toussaint et al., in view of Siddique et al., as discussed in claim 7, Toussaint et al., do not disclose the sensor further comprising at least one pixel having a first pattern type configured to detect at least a portion of the electromagnetic spectral emission having the first pattern type as claimed. Siddique et al., disclose a sensor further comprising at least one pixel (205, Fig. 2A) having a first pattern type configured to detect at least a portion of the electromagnetic spectral emission having the first pattern type (see Fig. 2A). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Toussaint et al., by utilizing the teaching of Siddique et al., to measure all polarization components at same pixel location using the subpixel, improving both measurement stability and measurement accuracy.
Regarding claim 14, Toussaint et al., in view of Siddique et al., as discussed in claim 13, Toussaint et al., disclose a depth of the electromagnetic spectral emission ([0048], “The depth of penetration of the light can depend on the wavelength”) being determined based on an angle at which a portion of the electromagnetic spectral emission is detected ([0052, “A portion of the polarization analyzer 22 can be oriented at a first angle… Another portion of the polarization analyzer 22 can be oriented at a second angle”), and Siddique et al., disclose the pixel as discussed in claim13 above.
Regarding claim 15, Toussaint et al., disclose (Figs. 3-9) an electronic device (10), comprising a light source (18, Fig. 3 or “An LED light source”, Fig.9) and a detector (28, Fig.3 or camera, Fig.9), wherein the light source (LED, Fig.9) comprises: an electromagnetic spectral emission source (LED) configured to output an electromagnetic spectral emission ([0065], the “LED light source spectrally centered at 780-nm wavelength”), and at least one of:
a polarization optical element (LP1) configured to polarize the electromagnetic spectral emission (Fig.9, the LP1 receives the electromagnetic spectral emission and [0065], “linear polarizer (LP1) is subsequently used to ensure that vertically polarized light propagates through a zero-order vortex wave plate” toward the finger), and
a collimation optical element (L3, [0065], “collimating lens (L3)”) configured to focus or collimate the electromagnetic spectral emission (see Fig. 9 and [0065], collimating lens (L3) arranged in a 2f system to collimate/focus the electromagnetic spectral emission) and
wherein the detector (28) comprises; a sensor ([0047], “The light detector 28 can include at least one of a charge-coupled device (CCD) camera, a CMOS camera, a photodiode”); wherein the electronic device (10) determines pulse-wave bioinformation based on collected light polarization information (polarization states )(Fig.3, the system 10 comprises the processor 26; [0053], “The processor 26 can execute instructions at least for the determination of one or more cardiovascular variability parameters using the first and second polarization states of the interacted polarized light output by the polarization analyzer 22”, and [0044], “determine one or more cardiovascular variability parameters… including an arterial blood pressure value, a blood vessel stiffness value, a vascular assessment value, a microvascular blood flow value” from the backscattered light ).
Although Toussaint et al., disclose the detector receiving backscattered light from tissue as shown in Figs. 3-9, Toussaint et al., do not disclose a plurality of super pixels as claimed. Siddique et al., disclose an image sensor [0046]) including a plurality of super pixels (500, see Fig. 7, an array 700 of super pixels 500, [0046], “polarizer 500 includes four polarizing filters 501-504 that each corresponds to a pixel (not shown) of an image sensor”), arranged at different positions (see Figs. 5, 7), each super pixel (500, Fig.5) including a plurality of pixels ([0046], “polarizer 500 includes four polarizing filters 501-504 that each corresponds to a pixel (not shown) of an image sensor”)
configured to collect light polarization information (“S0, S1, S2 and S3”, [0039] and [0051], “Parameters determined from the linearly and circularly polarized images may be used to generate full Stokes parameters for the light of the image”). In combination, detector comprising a sensor with super pixels at different positions relative to the light source, collecting light polarization information from the electromagnetic spectral emission backscattered from within the biological tissue as claimed.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Toussaint et al., to utilizing the teaching of Siddique et al., to enable measurement of multiple polarization states, thereby achieving an ultrafast, a high field of view (FOV), monolithic sensor for non-invasion biological tissue detection (Siddique et al., [0034]).
Regarding claim 16, Toussaint et al., in view of Siddique et al., as discussed in claim 15, Toussaint et al., do not disclose the at least one pixel configured to detect at least a portion of the electromagnetic spectral emission having a first pattern type as claimed. Siddique et al., also disclose the at least one pixel (205, Fig. 2A) being configured to detect a portion of the electromagnetic spectral emission having a first pattern type according to a wavelength or frequency of the electromagnetic spectral emission (see all Fig.2, the pixel 205 is designed to detect a portion of the emission due to its wavelength which passes through the nanostructures 211). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Toussaint et al., by utilizing the teaching of Siddique et al., to measure all polarization components at same pixel location using subpixel, improving both measurement stability and measurement accuracy.
Regarding claim 17, Toussaint et al., in view of Siddique et al., as discussed in claim 15, Toussaint et al., disclose a depth of the electromagnetic spectral emission ([0048], “The depth of penetration of the light can depend on the wavelength”) being determined based on an angle at which a portion of the electromagnetic spectral emission is detected ([0052, “A portion of the polarization analyzer 22 can be oriented at a first angle… Another portion of the polarization analyzer 22 can be oriented at a second angle”) by at least one pixel (the CMOS camera, Fig.9, the CMOS camera is an array of pixels to generate the regions of interest as depicted by the horizontal and vertical boxes in FIG. 10, [0068]).
Regarding claim 19, Toussaint et al., disclose (Figs. 3-9) an electronic device (10) comprising a light source (18, Fig.3 or “An LED light source”, see Fig. 9 and [0065])
and a detector (28, Fig. 6), wherein the light source comprises:
an electromagnetic spectral emission source (the LED) configured to output an electromagnetic spectral emission (see Fig.9, the LED light source generates a light to illuminate individual's finger, and [0065], the “LED light source spectrally centered at 780-nm wavelength”), and wherein the electronic device determines pulse-wave bioinformation based on the collected light polarization information (polarization states )(Fig.3, the system 10 comprises the processor 26; [0053], “The processor 26 can execute instructions at least for the determination of one or more cardiovascular variability parameters using the first and second polarization states of the interacted polarized light output by the polarization analyzer 22”, and [0044], “determine one or more cardiovascular variability parameters… including an arterial blood pressure value, a blood vessel stiffness value, a vascular assessment value, a microvascular blood flow value” from the backscattered light ).
Although Toussaint et al., disclose the detector receiving backscattered light from tissue as shown in Figs. 4, 9, Toussaint et al., do not disclose a plurality of super pixels and an electromagnetic spectrum filter as claimed. Siddique et al., disclose an image sensor [0046]) including a plurality of super pixels (500, see Fig. 7, an array 700 of super pixels 500, [0046], “polarizer 500 includes four polarizing filters 501-504 that each corresponds to a pixel (not shown) of an image sensor”), arranged at different positions (see Figs. 5, 7), each super pixel (500, Fig.5) including a plurality of pixels ([0046], “polarizer 500 includes four polarizing filters 501-504 that each corresponds to a pixel (not shown) of an image sensor”)
configured to collect light polarization information (“S0, S1, S2 and S3”, [0039] and [0051], “Parameters determined from the linearly and circularly polarized images may be used to generate full Stokes parameters for the light of the image”). Siddique et al., also disclose an electromagnetic spectrum filter (605, Fig.6E) configured to filter the electromagnetic spectral emission detected by the sensor ([0049], “Each respective spectral filter may be arranged to be aligned with a polarizer 500 and a photodetector, and reflect correspondingly different wavelengths of light”). In combination, detector comprising a sensor with super pixels at different positions relative to the light source, collecting light polarization information from the electromagnetic spectral emission backscattered from within the biological tissue as claimed. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Toussaint et al., in view of Siddique et al., to improve signal quality and selectively detect desired wavelengths.
Regarding claim 20, Toussaint et al., in view of Siddique et al., as discussed in claim 19, do not disclose the sensor further comprising at least one pixel having a first pattern type configured to detect at least a portion of the electromagnetic spectral emission having the first pattern type as claimed. Siddique et al., disclose a sensor further comprising at least one pixel (205, Fig. 2A) having a first pattern type configured to detect at least a portion of the electromagnetic spectral emission having the first pattern type (see Fig. 2A). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the proposed system of Toussaint et al., in view of Siddique et al., to measure all polarization components at same pixel location using the subpixel, improving both measurement stability and measurement accuracy.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Toussaint et al., in view of Siddique et al., and further in view of Farkas et al., (US 2015/0018645 A1).
Regarding claim 3, Toussaint et al., in view of Siddique et al., as discussed in claim 1, do not disclose the collimation optical element comprising a diffractive optical element as claimed. Farkas et al., disclose a collimation optical element (310/320, Fig.7) comprising a diffractive optical element (310, [0045], “a diffraction grating”). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Toussaint et al., in view of Siddique et al., by utilizing the teaching of Farkas et al., to better control of how light interact with the biological tissue, improving signal quality.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Toussaint et al., in view of Siddique et al., and further in view of Zuta et al., (US 2020/0240769 A1).
Regarding claim 18, Toussaint et al., in view of Siddique et al., as discussed in claim 17, do not disclose the angle at which the electromagnetic spectral emission is detected as claimed. Zuta et al., disclose a depth of the electromagnetic spectral emission being determined based on an angle (paragraph [0054], “A deviation of the measured angle of incidence for a ray of a particular wavelength from the reference angle of incidence for that wavelength may be converted to a distance of the element of the scene”) at which a portion of the electromagnetic spectral emission is detected by the at least one pixel (paragraph [0054], “An angle of incidence of a ray…measured”, and “converted to a relationship that converts a wavelength measured at each image pixel to a distance”). In combination, the angle at which the electromagnetic spectral emission is detected would be determined as a function of a first time at which the electromagnetic spectral emission is output by the electromagnetic spectral emission source and a second time at which the portion of the electromagnetic spectral emission output from the electromagnetic spectral emission source is detected by the at least one pixel (see Fig.3 of Toussaint et al., the electromagnetic spectral emission leaves the source 18 which is as a function of a first time, and when the light is reaches to the detector 28 which is the a second time). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Toussaint et al., in view of Siddique et al., by utilizing the teaching of Zuta et al., to improve the performance of the system by calculating the depth of the sample.
Response to Arguments
5. Applicant’s arguments, see Remarks, filed on 06/15/2026, with respect to the 102 rejections have been fully considered and are persuasive in light of amendments. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of Toussaint et al., and Siddique et al, wherein the limitation “a sensor including a plurality of super pixels arranged at different positions relative to the light source, each super pixel including a plurality of pixels configured to collect light polarization information”, is relied on Siddique et al.
Also, Applicant notes that “Siddique... does not disclose a PPG detector having spatially distributed super pixels that collect polarization information from biological-tissue backscatter”, Examiner respectfully responses that the examiner does not rely on Siddique et al, to teach PPG detector or biological tissue backscatter. Siddique et al, is used as a secondary reference, having spatially distributed super pixels (see Figs. 5, 7, [0035], and [0046]) and Toussaint et al., already explicitly discloses illuminating biological tissue and detecting backscattered PPG/cardiovascular signals ([0031]). The resulting combination would provide a PPG detector having spatially distributed super pixels that collect polarization information from biological-tissue backscatter. Therefore, the rejection above is proper.
Conclusion
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAI THI NGOC TRAN whose telephone number is (571)272- 3456. The examiner can normally be reached Monday-Friday: 9:00-5:30pm.
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/M.T.T./Examiner, Art Unit 2878
/GEORGIA Y EPPS/Supervisory Patent Examiner, Art Unit 2878
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