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 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) 1, 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over He et al. (US-20140176338-A1) in view of Zeng (CN-109498025-A).
Regarding claim 1
He discloses
A health monitoring system ([0002]—[0005]), comprising;
a device ([0002]);
a radio-frequency (RF) analyte detection device that includes at least one transmit antenna and at least one receive antenna ([0005], Fig. 1 & 2), the at least one transmit antenna is positioned and arranged to transmit an RF signal into a user ([0002]), and the at least one receive antenna is positioned and arranged to detect an RF response signal resulting from transmission of the RF signal by the at least one transmit antenna into the user ([0002]—[0005]);
a memory connected to and receiving data from the device and the RF analyte detection device ([0005]—[0007]);
He does not disclose
“A non-invasive device health-monitoring device
And MRI machine
a controller connected to and controlling the MRI device and the non-invasive RF analyte detection device;
a fusion module connected to the memory and that is configured to extract data therein from the MRI device and the non-invasive RF analyte detection device and that is configured to fuse the data;
wherein, the MRI device and the non-invasive RF device are controlled using the controller to put data collected by the MRI device and the non-invasive RF device in the memory and then execute the fusion module to fuse the collected data of both the MRI device and the non-invasive RF device”.
Zeng, however, teaches
A non-invasive device health-monitoring device (¶ 36 under Summary Of Invention)
And MRI machine (ABSTRACT)
a controller connected to and controlling the MRI device and the non-invasive RF analyte detection device (ABSTRACT, a controller is inherent in an MRI machine);
a fusion module connected to the memory and that is configured to extract data therein from the MRI device and the non-invasive RF analyte detection device (¶ or line 36 under Summary Of Invention) and that is configured to fuse the data (¶ or line 36 under Summary Of Invention);
wherein, the MRI device and the non-invasive RF device are controlled using the controller to put data collected by the MRI device and the non-invasive RF device in the memory and then execute the fusion module to fuse the collected data of both the MRI device and the non-invasive RF device (¶ 3 under Background Technology).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the facility of “MRI machine with the non-invasive RF device” as taught by Zeng in the system of He.
The justification for this modification would be to monitor health parameters in real-time at an analyte level.
Regarding claim 2
He in view of Zeng teach the health monitoring system of claim 1,
Zeng, applied to claim 2, further teaches
wherein the MRI device and the non-invasive RF analyte detection device are separate from one another (¶ or line 36 under Summary Of The Invention, the optical sensor is physically separate from the MRI machine).
Claim(s) 3, 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over He et al. (US-20140176338-A1) in view of Zeng (CN-109498025-A) in view of Eyster (CN-1455245-A).
Regarding claim 3
He discloses
A health monitoring method ([0002]—[0005]) comprising:
a) collecting a first set of data from a target using a real-time, non-invasive radio-frequency (RF) analyte detection device that includes at least one transmit antenna and at least one receive antenna ([0005], Fig. 1 & 2), the at least one transmit antenna is positioned and arranged to transmit an RF signal into a user ([0002]), the at least one transmit antenna is positioned and arranged to transmit an RF signal into the target ([0002]—[0005]), and the at least one receive antenna is positioned and arranged to detect an RF response signal resulting from transmission of the RF signal by the at least one transmit antenna into the target ([0002]—[0005]);
He does not disclose
“b) collecting a second set of data from the target using an invasive analyte detection device;
c) comparing the first set of data from the real-time, non-invasive RF analyte detection device to the second set of data from the invasive analyte detection device;
d) calibrating the real-time, non-invasive RF analyte detection device based on the comparison of the first set of data and the second set of data; and
e) repeating steps a)-d) until the real-time, non-invasive RF analyte detection device meets a compliance standard”.
Zeng, however, teaches
b) collecting a second set of data from the target using an invasive analyte detection device (¶ or line 36 under Summary of the Invention);
c) comparing the first set of data from the real-time, non-invasive RF analyte detection device to the second set of data from the invasive analyte detection device (¶ or line 36 under Summary of the Invention);
He in view of Zeng do not disclose
“d) calibrating the real-time, non-invasive RF analyte detection device based on the comparison of the first set of data and the second set of data; and
e) repeating steps a)-d) until the real-time, non-invasive RF analyte detection device meets a compliance standard”.
Eyster, however, teaches
d) calibrating the real-time, non-invasive RF analyte detection device based on the comparison of the first set of data and the second set of data (¶ 8 & 9 under The Background Technology); and
e) repeating steps a)-d) until the real-time, non-invasive RF analyte detection device meets a compliance standard (¶ 8 & 9 under The Background Technology)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the facility of “invasive/non-invasive analyte” as taught by Zeng as well as the “calibration & compliance data” of Eyster in the method of He in view of Zeng.
The justification for this modification would be to 1) to monitor health parameters in real-time at an analyte level, and 2) improve the quality of analyte concentration detection.
Regarding claim 4
He in view of Zeng teach the method of claim 3,
He in view of Zeng do not teach
“performing steps d) and e) on a periodic schedule”.
Eyster, however, teaches
performing steps d) and e) on a periodic schedule (¶ 8 & 9 under The Background Technology).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the “calibration based on
analyte detection until a limit is reached” as taught by Eyster in the method of He in view of Zeng.
The justification for this modification would be to improve the quality of analyte concentration detection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FREDERICK WENDEROTH whose telephone number is (571)270-1945. The examiner can normally be reached M-F 7 a.m. - 4 p.m.
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/WALTER L LINDSAY JR/Supervisory Patent Examiner, Art Unit 2852
/Frederick Wenderoth/
Examiner, Art Unit 2852