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 § 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 1-14 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. For claims 1 and 8, the claims recite the optical filter comprises a bandpass filter that has a passband of 30nm at 5% of peak of the passband. It is unclear what the peak of the passband is. It is unclear if this is referring to the intensity or of the passband of the filter or the wavelength of the emitted light.
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) 1-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bierman et al. “Melanin bias in pulse oximetry explained by light source spectral bandwidth” in view of Vermeulen et al. US 2017/0055860 and Aumer et al. US 2022/0142494.
Regarding claims 1 and 8, Bierman discloses a photoplethysmographic sensor comprising:
a first light source adapted to emit light with a spectral bandwidth greater than 30nm at 5% of peak intensity ([FIG2][pg. 961, first column] the red light source has a bandwidth of approximately 625nm to 680nm and 5% intensity);
the first light source adapted to emit light with a peak intensity in the wavelength range of 620nm to 770nm ([FIG2][pg. 961, first column] the red light has a peak bandwidth of 662nm);
a second light source adapted to emit light with a peak intensity in the wavelength range of 800nm to 960nm ([FIG2][pg. 961, first column] the IR light source has a peak bandwidth of 902nm);
a bandpass filter with a passband less than 30nm at 5% of peak of the passband ([FIG2][pg. 961, first column] the filter reduces the passband to 4nm);
filter adapted to attenuate light at wavelengths outside the passband by at least 85% ([FIG2][pg. 961, first column] the filter attenuates all but the 4nm center passband);
a photodetector configured to detect light from the first and second light sources and to convert the detected light signal into an electronic signal ([pg. 958, first column] LEDs and photodetectors are common components used in pulse oximeter. [pg. 959, “Spectrally resolved photoplethysmography measurement”] the senor device has two LEDs and photodetector).
Bierman does not specifically disclose the optical filter or the configuration with the output aperture. Vermeulen teaches a similar PPG system that uses an optical filter positioned within the path of the light emitted by the first light source and adapted to pass light within the spectral bandwidth of the first light source ([FIG4][¶53] the light source’s emissions are passed through an optical filter to alter the bandpass of wavelengths). Therefore, it would have been obvious to one of ordinary skill in the art prior to the time of filing to combine the device of Bierman with the filters of Vermeulen as it is the simple substitution for one known element for another in order to suppress unwanted signal components ([¶18]) as well as reduced power consumption ([¶14]: less processing using optical filters).
Bierman does not specifically disclose the first light source, the optical filter, and the output aperture configured to prevent light output by the first light source from passing through the output aperture without first passing through the optical filter; and an output aperture positioned to allow light passing through the optical filter and light emitted by the second light source to pass through. Aumer teaches a similar optical sensor for use with PPG that has aperture to pass the light ([¶43] the aperture in which windows 112w, 212w sit) and a housing that directs light through the filter and then aperture ([¶10,11] the housing is opaque material. [¶56] the windows can act as diffusers). Therefore, it would have been obvious to one of ordinary skill in the art prior to the time of filing to combine the device of Bierman with the teachings of Aumer in order to reduce motion artifacts ([¶56]).
Regarding claims 2 and 9, Aumer teaches a housing contains the output aperture and the photodetector ([FIG7,10] the housing contains all the components).
Regarding claims 3 and 10, Bierman discloses the first light source is a light-emitting diode ([pg. 959, “Spectrally resolved photoplethysmography measurement”] the sensor device has two LEDs and photodetector).
Regarding claims 4 and 11, Bierman discloses the second light source is a light-emitting diode ([pg. 959, “Spectrally resolved photoplethysmography measurement”] the sensor device has two LEDs and photodetector).
Regarding claims 5 and 12, Vermeulen teaches the optical filter comprises two or more filters to provide a bandpass less than 20nm ([¶14,18,87] at least one filter is used on an LED. Additionally, implementing a bandpass filter as separate high and low pass filters would have been obvious to one of ordinary skill in the art).
Regarding claims 6 and 13, Aumer teaches opaque walls positioned between the first emitter and the optical filter to constrain the output aperture from passing light emitted by the first emitter that has not first passed through the optical filter ([¶10,11] the housing of the device is opaque so the light has to pass through the apertures).
Regarding claims 7 and 14, Aumer teaches a diffuser adapted to diffuse light from the first light source after said light passes through the optical filter and light from the second light source before either light is passed to the output aperture ([¶56] the windows in the aperture can diffuse the light).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL ANTHONY CATINA whose telephone number is (571)270-5951. The examiner can normally be reached 10-6pm.
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/MICHAEL A CATINA/Examiner, Art Unit 3791 /TSE CHEN/Supervisory Patent Examiner, Art Unit 3791
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