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 .
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
STATUS OF CLAIMS AND REJECTIONS
Claims 10 and 15 have been cancelled.
Claims 1, 6, and 11 have been amended.
Claims 1-9 and 11-14 are pending.
In light of the claim amendments, the Section 112(b) rejection of claim 6 has been withdrawn, although a new Section 112(b) rejection is now introduced. The Section 101 rejection has also been withdrawn.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“an optical information collection unit configured to acquire optical information in each of multiple infrared wavelength bands over time” recited in claim 1;
“a derivation unit configured to classify a plurality of pieces of optical information by frequency and filter a noise signal to derive heart rate information” recited in claim 1;
“lighting devices configured to irradiate the infrared rays in the different wavelength bands” recited in claim 4;
“a detection unit configured to sense reflected light in which the infrared rays are reflected from the subject as the optical information” recited in claim 4.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
Claim limitation (1) is described at [0058] and [0059]. Claim limitation (2) is described at [0068]. Claim limitation (3) is described at [0045] and [0090]-[0093]. Claim limitation (4) is described at [0058] and [0059]. Claim limitation (5) is described at [0058] and [0059].
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
RESPONSE TO APPLICANT’S ARGUMENTS
In light of the claim amendments, the “sensing target region-determination unit” no longer invokes 35 USC 112(f) for its interpretation.
However, the remaining terms are still being interpreted under 35 USC 112(f). Applicant argues that the terms “each strongly imply or directly denote the respective structures and components that perform specific functions as recited in the claims.” Beyond this statement, however, Applicant does not offer any evidence or explanation as to why the interpretation is incorrect. As explained above, each of the claim limitations uses a generic placeholder (e.g., unit or device) that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
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.
Claim 1-9 and 11-14 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.
Claims 1 and 14 each recite receiving a brightness value for “each lighting combination” and processing “each lighting combination” to derive the heart rate information. The term, lighting combination, implies that the light is provided by multiple sources or at least includes multiple discrete wavelengths. However, the specification describes and claims 8-9 and 13-14 recite that the lighting devices may be used individually without another lighting device. (see, e.g., claim 8 reciting “…with the plurality of lighting devices being alternatingly turned on and off or simultaneously turned on.”). As such, the scope of the claims includes the measurements or brightness values being based on a single lighting device (i.e., not a lighting combination). Accordingly, it is not reasonably clear to one having ordinary skill in the art if the term “lighting combination” requires more than one lighting device to be turned on or only one lighting device to be turned on.
For the purposes of a compact prosecution, Examiner is interpreting “lighting combination” as “a measurement that is based on one or more lighting devices irradiating the skin, wherein the lighting devices have different wavelength bands, wherein at least some measurements are based on more than one lighting device irradiating the skin.”
RESPONSE TO APPLICANT’S ARGUMENTS
In light of the claim amendments, Examiner has withdrawn the Section 112(b) rejection of claim 6. However, claims 1-9 and 10-14 are now rejected for being indefinite based on the term “lighting combination” as explained above.
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, 4-8, 11, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Van Gastel M, Stuijk S, de Haan G. Motion robust remote-PPG in infrared. IEEE Transactions on Biomedical Engineering. 2015 Jan 9;62(5):1425-33 (hereinafter “VAN GASTEL,” which was previously cited in the Office Action dated 10/02/2025) and U.S. Patent Application Publication No. 2019/0183357 A1 (hereinafter “GODAVARTY”).
VAN GASTEL teaches a remote photoplethysmography (rPPG) system that uses multiple infrared wavelengths. (Abstract). VAN GASTEL notes that the motivation to use multiple wavelengths is to “improve robustness to subject motion, which is the main concern with (r)PPG.” (p.14225, right column, middle paragraph). Using rPPG in the infrared spectrum would enable extracting “the pulse signal in full darkness.” (p.1426, left column, first full paragraph).
With respect to claim 1, VAN GASTEL teaches a system for sensing a heart rate. “In this study, we investigate the feasibility of rPPG in the (near)-infrared spectrum, which broadens the scope of applications for rPPG…Experiments show that both camera setups are capable of accurate pulse extraction in all motion scenarios, with an average SNR of +6.45 and +7.26 dB, respectively.” (Abstract).
VAN GASTEL teaches a sensing target region-determination unit, including a camera located in front of a subject to photograph the subject, configured to check a position of the subject and set a sensing target region. As shown in Figure 9 (shown here), cameras are positioned in front of a seated subject. Figure 8 also illustrates that images of the subject’s face are acquired. (p.1430, Figure 8 at top of page).
VAN GASTEL also teaches an optical information collection unit configured to acquire optical information in each of multiple infrared wavelength bands over time using infrared rays in different wavelength bands in the sensing target region. VAN GASTEL’s setup is shown here and includes three monochrome cameras for wavelengths 675, 800, 842. (see, e.g., Figure 4). VAN GASTEL concluded that “motion robust (cardiac) pulse detection in NIR” is feasible using current known setups for visible light. Accordingly, VAN GASTEL teaches that near-infrared wavelengths of 800 nm and 842 nm could be used. (see, e.g., p.1428, left column, first paragraph). However, those were selected only because of the limited availability of optical filters. (Id). VAN GASTEL noted that it has been shown that wavelengths up to 980 nm can be used. (p.1428, right column, first paragraph). VAN GASTEL also teaches using “dedicated LEDs” with a diffuser and at an irradiance level that is safe. (bottom right of p.1430 to top left of p.1431).
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VAN GASTEL also teaches a derivation unit configured to classify a plurality of pieces of optical information by frequency and filter a noise signal to derive heart rate information. More specifically, VAN GASTEL uses a processor to implement a pulse-extraction algorithm. (p.1426, left column penultimate paragraph and p.1431 top right paragraph). Noise is removed using a bandpass filter and Principal Component Analysis. “Next, the normalized channel traces are bandpass filtered, [0.6–3] Hz, to eliminate noise. A pulse signal is constructed by performing Principal Component Analysis (PCA) on the filtered channel traces, where potential involuntary motion and noise present in the traces are separated from the pulse signal.” (p.1427, right column penultimate paragraph).
VAN GASTEL also teaches that the derivation unit is further configured to:
receive a brightness value for each lighting combination according to the optical information obtained for each lighting combination from the optical information collection unit. VAN GASTEL teaches that a number of samples for each channel are acquired by the camera. (p.1426, top right column; see also p.1428: “The most obvious possibility to apply it in IR, is to replace the Bayer color field array(CFA) for a CFA which samples the light spectrum for wavelengths in NIR, [700–1000] nm.”). (p.1428, middle of right column).
derive the heart rate information through frequency classification and noise signal filtering processes after a direct current component is removed for each of the lighting combination to normalize, a frequency distribution and frequency for each lighting combination are analyzed over time, and the respective analyzed results are collected.
First, VAN GASTEL teaches first removing the DC component: “The color channels are normalized by: C(i)n= 1/(μ (C(i))) C(i)−1,where μ corresponds to the (temporal) mean value. More details about why the pulse vector is known are provided in the continuation of this section.” To be clear, VAN GASTEL compare’s each frame’s value to an average of the channel over time and then expresses the signal as deviation from this average (i.e., the DC component is removed).
Second, noise is removed using a bandpass filter and Principal Component Analysis. “Next, the normalized channel traces are bandpass filtered, [0.6–3] Hz, to eliminate noise. A pulse signal is constructed by performing Principal Component Analysis (PCA) on the filtered channel traces, where potential involuntary motion and noise present in the traces are separated from the pulse signal.” (p.1427, right column penultimate paragraph).
Third, VAN GASTEL teaches that the heart rate information (i.e., pulse) may be obtained using the PBV method. “Essentially, the PBV method suppresses all variations not aligned with the signature of the blood volume pulse. Experimental results show a large improvement in motion robustness compared to earlier methods, and we therefore recognize the PBV method as the current state-of-the-art method for motion robust remote pulse extraction.” (p.1426, top left column). Moreover, the pulse rate is “obtained by using a peak detector in the frequency domain using a sliding Fourier window.” (p.1431, bottom left column). The window includes “150 samples (10 s)….” (p.1431, bottom left column).
Fourth, with respect to the “respective analyzed results are collected,” VAN GASTEL teaches that “[w]ith a single wavelength, no distinction between pulse induced intensity variations and variations caused by motion exists. Multiple channels with different mixtures of the pulse induced intensity variations allow us to distinguish between both.” (p.1425, right column, middle paragraph). Through the experiments, VAN GASTEL concludes that “[s]imulations verified by large scale experiments show that a setup consisting of three monochrome cameras with different optical filters is favorable in terms of motion robustness compared to a single RGB camera setup, where the IR-blocking filter is replaced by a visible light blocking filter.” (p.1432, Conclusion).
However, it is not clear that VAN GASTEL teaches receiving brightness values for lighting combinations or analyzes and processes each of the lighting combinations.
In the same field of endeavor, GODAVARTY teaches “techniques to image biological tissue to determine biological information of an imaged tissue sample such as changes in hemoglobin concentrations, blood flow rate (pulse), and/or spatio-temporal features.” (Abstract). In GODAVARTY, “[t]he disclosed optical scanner may act as a visual scope to facilitate the viewing of hemodynamic changes in tissues along with monitoring the pulse of a patient in many areas of the body, beyond the information provided by a typical pulse oximeter.” ([0009]). GODAVARTY teaches that the light wavelengths used are near infrared (NIR). “According to the embodiments described herein, diffuse optical imaging (DOI) (also termed near infrared spectroscopy (NIRS)) using near-infrared (NIR) light may be used in any suitable imaging application in which hemodynamic imaging, pulse monitoring, and/or mapping of spatio-temporal features is utilized.” ([0024]). “DOI may use NIR light between 650-1000 nanometers (nm), as NIR light in this wavelength range is advantageously minimally absorbed and scattered in biological tissues, thus allowing for deep tissue penetration and imaging.” ([0025]). The GODAVARTY system can operate in different modes, including a reflectance mode.
Notably, the GODAVARTY system can selectively control multiple light sources. “[I]f source assembly 180 implements multiple NIR light sources, processor 162 may cause source driver 164 to turn on a first NIR light source corresponding to a first wavelength for a first time period, followed by a second NIR light source corresponding to a second wavelength being turned on continuously. To provide another example, processor 162 may cause source driver 164 to turn on a first and a second NIR light source simultaneously.” ([0036]; see also [0037]: “processor 162 may cause source driver 164 to turn on two different wavelength NIR light sources in an alternatively time-division multiplexed ‘ON-OFF-ON’ frequency (e.g., 10-20 Hz)….”).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the light sources of VAN GASTEL to include the source assembly of GODAVARTY that emits two different light sources simultaneously (i.e., produces a lighting combination). One of ordinary skill in the art would have been motivated to use the dual system to dynamically image the near-infrared signals at any suitable number of wavelengths as taught in GODAVARTY. There would have been a reasonable expectation of success as GODAVARTY teaches multiple light sources can be used at once.
Moreover, it would have been obvious to one having ordinary skill in the art at the time of filing to combine GODAVARTY’s dual-wavelength light emission with VAN GASTEL’s system using at least two NIR wavelengths. One of ordinary skill in the art could have combined the dual-wavelength source assembly of GODAVARTY using known methods. In combination, each element would perform the same function as it does separately. Moreover, one of ordinary skill in the art would have recognized that the results of the combination were predictable.
With respect to claim 4, VAN GASTEL teaches wherein the optical information collection unit includes a plurality of lighting devices configured to irradiate the infrared rays in the different wavelength bands, and a detection unit configured to sense reflected light in which the infrared rays are reflected from the subject as the optical information.
In the same field of endeavor, VAN GASTEL teaches that a plurality of light devices can be configured to irradiate the infrared rays in different wavelength bands. More specifically, VAN GASTEL teaches selecting specific wavelengths to improve robustness. (p.1428, right column, first paragraph). “This can be achieved by employing dedicated LEDs, whose emission spectra are more bandlimited compared to incandescent light bulbs. To verify which combination of LEDs yields the best motion robustness, simulations are performed for all wavelengths passed by the visible light blocking filter.” (Id.)
VAN GASTEL also teaches a detection unit configured to sense reflected light in which the infrared rays are reflected from the subject as the optical information. VAN GASTEL’s detection unit includes three monochrome cameras for wavelengths 675, 800, 842. (see, e.g., Figure 4). VAN GASTEL also teaches that single camera setup is possible. “[T]he feasibility of using a single camera in NIR is investigated, by replacing the IR blocking filter of a regular RGB camera with a visible light blocking filter….” (p.1426, left column, paragraph before Materials and Methods).
With respect to claim 5 (depending from claim 4), VAN GASTEL teaches wherein the plurality of lighting devices are configured to irradiate near-infrared rays in different wavelength bands, respectively.
VAN GASTEL notes that the motivation to use multiple wavelengths is to “improve robustness to subject motion, which is the main concern with (r)PPG.” (p.14225, right column, middle paragraph). Using rPPG in the infrared spectrum would enable extracting “the pulse signal in full darkness.” (p.1426, left column, first full paragraph). VAN GASTEL demonstrated that wavelengths of 800 nm and 842 nm could be used. (see, e.g., p.1428, left column, first paragraph). “This can be achieved by employing dedicated LEDs, whose emission spectra are more bandlimited compared to incandescent light bulbs. To verify which combination of LEDs yields the best motion robustness, simulations are performed for all wavelengths passed by the visible light blocking filter.” (p.1428, right column, first paragraph).
With respect to claim 6 (depending from claim 5), VAN GASTEL teaches that the plurality of lighting devices are set to irradiate the near-infrared rays in different wavelengths in a range of greater than 760 nm and less than 2,500 nm. VAN GASTEL demonstrated that wavelengths of 800 nm and 842 nm could be used. (see, e.g., p.1428, left column, first paragraph). “This can be achieved by employing dedicated LEDs, whose emission spectra are more bandlimited compared to incandescent light bulbs. To verify which combination of LEDs yields the best motion robustness, simulations are performed for all wavelengths passed by the visible light blocking filter.” (p.1428, right column, first paragraph).
As to the claim limitation, wherein a first wavelength of the wavelengths is configured to penetrate a first depth and a second wavelength of the wavelengths is configured to penetrate a second depth in which the first depth is shallower than the second depth, it is known that longer wavelengths penetrate tissue deeper. As such, the 842 nm light (or greater wavelength) would necessarily penetrate deeper than the 800 nm light. (see, e.g., SPIGULIS, which was previously cited in the first Office Action dated 10/02/2025, and teaches that light of longer wavelengths penetrates tissue more deeply.)
With respect to claim 7 (depending from claim 5), VAN GASTEL teaches wherein the plurality of lighting devices are set to exclude a visible light wavelength range from a solar spectrum.
VAN GASTEL notes that the motivation to use multiple wavelengths is to “improve robustness to subject motion, which is the main concern with (r)PPG.” (p.14225, right column, middle paragraph). Using rPPG in the infrared spectrum would enable extracting “the pulse signal in full darkness.” (p.1426, left column, first full paragraph). VAN GASTEL demonstrated that wavelengths of 800 nm and 842 nm could be used. (see, e.g., p.1428, left column, first paragraph).
With respect to claim 8 (depending from claim 5), VAN GASTEL teaches wherein the optical information collection unit is operated using a combination of a plurality of lightings over time. VAN GASTEL teaches that a plurality of light devices can be configured to irradiate the infrared rays in different wavelength bands. More specifically, VAN GASTEL teaches selecting specific wavelengths to improve robustness. (p.1428, right column, first paragraph). “This can be achieved by employing dedicated LEDs, whose emission spectra are more bandlimited compared to incandescent light bulbs. To verify which combination of LEDs yields the best motion robustness, simulations are performed for all wavelengths passed by the visible light blocking filter.” (Id.)
However, VAN GASTEL does not explicitly teach that the plurality of lighting devices are alternatingly turned on and off or simultaneously turned on.
As discussed above with respect to claim 1, GODAVARTY teaches that the lighting sources can be alternatingly turned on and off or simultaneously turned on. “[I]f source assembly 180 implements multiple NIR light sources, processor 162 may cause source driver 164 to turn on a first NIR light source corresponding to a first wavelength for a first time period, followed by a second NIR light source corresponding to a second wavelength being turned on continuously. To provide another example, processor 162 may cause source driver 164 to turn on a first and a second NIR light source simultaneously.” ([0036]; see also [0037]: “processor 162 may cause source driver 164 to turn on two different wavelength NIR light sources in an alternatively time-division multiplexed ‘ON-OFF-ON’ frequency (e.g., 10-20 Hz)….”).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the light sources of VAN GASTEL to include the source assembly of GODAVARTY that emits two different light sources simultaneously (i.e., produces a lighting combination) and emits each of the light sources individually in an alternating fashion. One of ordinary skill in the art would have been motivated to use the dual system to dynamically image the near-infrared signals at any suitable number of wavelengths as taught in GODAVARTY. There would have been a reasonable expectation of success as GODAVARTY teaches multiple light sources can be used at once.
With respect to claim 11, VAN GASTEL teaches a method for sensing a heart rate. “In this study, we investigate the feasibility of rPPG in the (near)-infrared spectrum, which broadens the scope of applications for rPPG…Experiments show that both camera setups are capable of accurate pulse extraction in all motion scenarios, with an average SNR of +6.45 and +7.26 dB, respectively.” (Abstract). The method includes:
a sensing target region-determination step of including a camera located in front of a subject to photograph the subject and checking a face position of the subject and setting a sensing target region on a face of the subject. As shown in Figure 9 (shown here), cameras are positioned in front of a seated subject. Figure 8 also illustrates that images of the subject’s face are acquired. (p.1430, Figure 8 at top of page).
an optical information collection step of acquiring optical information in each of multiple infrared wavelength bands through a lighting device irradiating infrared rays in different wavelength bands. VAN GASTEL teaches a setup that includes three monochrome cameras for wavelengths 675, 800, 842. (see, e.g., Figure 4). VAN GASTEL concluded that “motion robust (cardiac) pulse detection in NIR” is feasible using current known setups for visible light. Accordingly, VAN GASTEL teaches that near-infrared wavelengths of 800 nm and 842 nm could be used. (see, e.g., p.1428, left column, first paragraph). However, those were selected only because of the limited availability of optical filters. (Id). VAN GASTEL noted that it has been shown that wavelengths up to 980 nm can be used. (p.1428, right column, first paragraph). VAN GASTEL also teaches using “dedicated LEDs” with a diffuser and at an irradiance level that is safe. (bottom right of p.1430 to top left of p.1431).
a derivation step of classifying a plurality of pieces of optical information by frequency and filtering a noise signal to derive heart rate information. VAN GASTEL teaches using a processor to implement a pulse-extraction algorithm. (p.1426, left column penultimate paragraph and p.1431 top right paragraph). Noise is removed using a bandpass filter and Principal Component Analysis. “Next, the normalized channel traces are bandpass filtered, [0.6–3] Hz, to eliminate noise. A pulse signal is constructed by performing Principal Component Analysis (PCA) on the filtered channel traces, where potential involuntary motion and noise present in the traces are separated from the pulse signal.” (p.1427, right column penultimate paragraph).
wherein in the derivation step, a brightness value for each lighting combination is received according to the optical information obtained for each lighting combination. VAN GASTEL teaches that a number of samples for each channel are acquired by the camera. (p.1426, top right column; see also p.1428: “The most obvious possibility to apply it in IR, is to replace the Bayer color field array(CFA) for a CFA which samples the light spectrum for wavelengths in NIR, [700–1000] nm.”). (p.1428, middle of right column).
the heart rate information is derived through frequency classification and noise signal filtering processes after a direct current component is removed for each of the lighting combination to normalize, a frequency distribution and frequency for each lighting combination are analyzed over time, and the respective analyzed results are collected
First, VAN GASTEL teaches first removing the DC component: “The color channels are normalized by: C(i)n= 1/(μ (C(i))) C(i)−1,where μ corresponds to the (temporal) mean value. More details about why the pulse vector is known are provided in the continuation of this section.” To be clear, VAN GASTEL compare’s each frame’s value to an average of the channel over time and then expresses the signal as deviation from this average (i.e., the DC component is removed).
Second, noise is removed using a bandpass filter and Principal Component Analysis. “Next, the normalized channel traces are bandpass filtered, [0.6–3] Hz, to eliminate noise. A pulse signal is constructed by performing Principal Component Analysis (PCA) on the filtered channel traces, where potential involuntary motion and noise present in the traces are separated from the pulse signal.” (p.1427, right column penultimate paragraph).
Third, VAN GASTEL teaches that the heart rate information (i.e., pulse) may be obtained using the PBV method. “Essentially, the PBV method suppresses all variations not aligned with the signature of the blood volume pulse. Experimental results show a large improvement in motion robustness compared to earlier methods, and we therefore recognize the PBV method as the current state-of-the-art method for motion robust remote pulse extraction.” (p.1426, top left column). Moreover, the pulse rate is “obtained by using a peak detector in the frequency domain using a sliding Fourier window.” (p.1431, bottom left column). The window includes “150 samples (10 s)….” (p.1431, bottom left column).
Fourth, with respect to the “respective analyzed results are collected,” VAN GASTEL teaches that “[w]ith a single wavelength, no distinction between pulse induced intensity variations and variations caused by motion exists. Multiple channels with different mixtures of the pulse induced intensity variations allow us to distinguish between both.” (p.1425, right column, middle paragraph). Through the experiments, VAN GASTEL concludes that “[s]imulations verified by large scale experiments show that a setup consisting of three monochrome cameras with different optical filters is favorable in terms of motion robustness compared to a single RGB camera setup, where the IR-blocking filter is replaced by a visible light blocking filter.” (p.1432, Conclusion).
However, it is not clear that VAN GASTEL teaches receiving brightness values for lighting combinations or analyzes and processes each of the lighting combinations.
In the same field of endeavor, GODAVARTY teaches “techniques to image biological tissue to determine biological information of an imaged tissue sample such as changes in hemoglobin concentrations, blood flow rate (pulse), and/or spatio-temporal features.” (Abstract). In GODAVARTY, “[t]he disclosed optical scanner may act as a visual scope to facilitate the viewing of hemodynamic changes in tissues along with monitoring the pulse of a patient in many areas of the body, beyond the information provided by a typical pulse oximeter.” ([0009]). GODAVARTY teaches that the light wavelengths used are near infrared (NIR). “According to the embodiments described herein, diffuse optical imaging (DOI) (also termed near infrared spectroscopy (NIRS)) using near-infrared (NIR) light may be used in any suitable imaging application in which hemodynamic imaging, pulse monitoring, and/or mapping of spatio-temporal features is utilized.” ([0024]). “DOI may use NIR light between 650-1000 nanometers (nm), as NIR light in this wavelength range is advantageously minimally absorbed and scattered in biological tissues, thus allowing for deep tissue penetration and imaging.” ([0025]). The GODAVARTY system can operate in different modes, including a reflectance mode.
Notably, the GODAVARTY system can selectively control multiple light sources. “[I]f source assembly 180 implements multiple NIR light sources, processor 162 may cause source driver 164 to turn on a first NIR light source corresponding to a first wavelength for a first time period, followed by a second NIR light source corresponding to a second wavelength being turned on continuously. To provide another example, processor 162 may cause source driver 164 to turn on a first and a second NIR light source simultaneously.” ([0036]; see also [0037]: “processor 162 may cause source driver 164 to turn on two different wavelength NIR light sources in an alternatively time-division multiplexed ‘ON-OFF-ON’ frequency (e.g., 10-20 Hz)….”).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the light sources of VAN GASTEL to include the source assembly of GODAVARTY that emits two different light sources simultaneously (i.e., produces a lighting combination). One of ordinary skill in the art would have been motivated to use the dual system to dynamically image the near-infrared signals at any suitable number of wavelengths as taught in GODAVARTY. There would have been a reasonable expectation of success as GODAVARTY teaches multiple light sources can be used at once.
Moreover, it would have been obvious to one having ordinary skill in the art at the time of filing to combine GODAVARTY’s dual-wavelength light emission with VAN GASTEL’s system using at least two NIR wavelengths. One of ordinary skill in the art could have combined the dual-wavelength source assembly of GODAVARTY using known methods. In combination, each element would perform the same function as it does separately. Moreover, one of ordinary skill in the art would have recognized that the results of the combination were predictable.
With respect to claim 13, VAN GASTEL teaches wherein in the optical information collection step, the optical information is obtained by using a plurality of lighting devices. VAN GASTEL teaches that a plurality of light devices can be configured to irradiate the infrared rays in different wavelength bands. More specifically, VAN GASTEL teaches selecting specific wavelengths to improve robustness. (p.1428, right column, first paragraph). “This can be achieved by employing dedicated LEDs, whose emission spectra are more bandlimited compared to incandescent light bulbs. To verify which combination of LEDs yields the best motion robustness, simulations are performed for all wavelengths passed by the visible light blocking filter.” (Id.)
However, VAN GASTEL does not explicitly teach allowing the plurality of lighting devices to alternatingly turn on and off or turn on simultaneously to operate in a plurality of light combinations over time.
As discussed above with respect to claim 1, GODAVARTY teaches that the lighting sources can be alternatingly turned on and off or simultaneously turned on. “[I]f source assembly 180 implements multiple NIR light sources, processor 162 may cause source driver 164 to turn on a first NIR light source corresponding to a first wavelength for a first time period, followed by a second NIR light source corresponding to a second wavelength being turned on continuously. To provide another example, processor 162 may cause source driver 164 to turn on a first and a second NIR light source simultaneously.” ([0036]; see also [0037]: “processor 162 may cause source driver 164 to turn on two different wavelength NIR light sources in an alternatively time-division multiplexed ‘ON-OFF-ON’ frequency (e.g., 10-20 Hz)….”).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the light sources of VAN GASTEL to include the source assembly of GODAVARTY that emits two different light sources simultaneously (i.e., produces a lighting combination) and emits each of the light sources individually in an alternating fashion. One of ordinary skill in the art would have been motivated to use the dual system to dynamically image the near-infrared signals at any suitable number of wavelengths as taught in GODAVARTY. There would have been a reasonable expectation of success as GODAVARTY teaches multiple light sources can be used at once.
Claims 2, 3, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Van Gastel M, Stuijk S, de Haan G. Motion robust remote-PPG in infrared. IEEE Transactions on Biomedical Engineering. 2015 Jan 9;62(5):1425-33 (hereinafter “VAN GASTEL,” which was previously cited in the Office Action dated 10/02/2025) and U.S. Patent Application Publication No. 2019/0183357 A1 (hereinafter “GODAVARTY”) as applied to claims 1 and 11 above, and further in view of a translation of CN116327152A (hereinafter “CHONGQING”).
With respect to claim 2, VAN GASTEL does not teach wherein the sensing target region-determination unit is configured to check a face position of the subject and set the sensing target region based on a feature point derived by applying a face of the subject to a trained machine learning algorithm model.
In the same field of endeavor, CHONGQING teaches a method of remote heart rate detection. (Abstract). “The method comprises the steps of collecting video data of a user; carrying out ROI region positioning on each frame of image in the video data; the Fast-ICA is used to extract rPPG time sequence signals according to the ROI areas of all the frame images; encoding the rPPG time sequence signal by using a GADF to form a two-dimensional feature image; and completing the reasoning of the heart rate value through the neural network model.” (Abstract).
CHONGQING teaches selects the ROI area based on face key points by applying an image of the face to a trained model. “[P]erforming ROI area positioning on each frame of image in the video data includes: Use the face feature key point recognition algorithm based on deep learning and heat map to detect and obtain face key points as the ROI area.” (p.3, lines 10-13). CHONGQING teaches that this is technological progress. “The present invention adopts the combination of traditional image processing and deep learning to obtain the heart rate value from the face video, so as to realize the complementary advantages of the two technologies, and finally obtain the heart rate value with higher precision.” (p.12, lines 25-28).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the VAN GASTEL system to check a face position of the subject and set the sensing target region based on a feature point derived by applying a face of the subject to a trained machine learning algorithm model, as taught in CONGQING. One of ordinary skill in the art would have been motivated to use the deep learning model because it more precisely determines the heart rate of a person from an image of their face, which is the method of detection taught in VAN GASTEL. There would have been a reasonable expectation of success as CHONGQING teaches that a deep learning model can be used to identify a ROI area for detecting the heart rate.
With respect to claim 3 (depending from claim 2), VAN GASTEL does not teach wherein the sensing target region-determination unit is configured to derive the sensing target region based on the machine learning algorithm model trained according to a distribution of blood vessels in the face.
In the same field of endeavor, CHONGQING teaches that the rPPG time-series signal expresses “the rhythmic change of blood volume in blood vessels from the ROI region in the video data….” (p.4, lines 38-39). The rPPG time-series signal is converted into a “two-dimensional feature image.” (p.4, lines 41-42). To train the model, CHONGQING teaches that “the reasoning of the heart rate value is completed through a neural network model, and the neural network model is LA-Res2Net, which is obtained by training a plurality of human face video data sets with heart rate value labels; The training phase method of the LA-Res2Net includes: All face video data in the data set are processed by the data preprocessing module to obtain their corresponding rPPG feature image data; Put all the rPPG feature images and the corresponding HR labels into the neural network model LA-Res2Net, and use the RMSprop optimizer and the mean absolute error loss function to train the model.” (p.4, lines 15-25).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the VAN GASTEL system to derive the sensing target region based on the machine learning algorithm model trained according to a distribution of blood vessels in the face, as taught in CONGQING. One of ordinary skill in the art would have been motivated to use the deep learning model of CONGQING because it more precisely determines the heart rate of a person from an image of their face, which is the method of detection taught in VAN GASTEL. There would have been a reasonable expectation of success as CHONGQING teaches that a deep learning model can be used to identify a ROI area for detecting the heart rate.
With respect to claim 12, VAN GASTEL does not teach wherein in the sensing target region- determination step, the sensing target region is set based on a feature point derived by applying the face of the subject to a trained machine learning algorithm model.
In the same field of endeavor, CHONGQING teaches a method of remote heart rate detection. (Abstract). “The method comprises the steps of collecting video data of a user; carrying out ROI region positioning on each frame of image in the video data; the Fast-ICA is used to extract rPPG time sequence signals according to the ROI areas of all the frame images; encoding the rPPG time sequence signal by using a GADF to form a two-dimensional feature image; and completing the reasoning of the heart rate value through the neural network model.” (Abstract).
CHONGQING teaches selects the ROI area based on face key points by applying an image of the face to a trained model. “[P]erforming ROI area positioning on each frame of image in the video data includes: Use the face feature key point recognition algorithm based on deep learning and heat map to detect and obtain face key points as the ROI area.” (p.3, lines 10-13). CHONGQING teaches that this is technological progress. “The present invention adopts the combination of traditional image processing and deep learning to obtain the heart rate value from the face video, so as to realize the complementary advantages of the two technologies, and finally obtain the heart rate value with higher precision.” (p.12, lines 25-28).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the VAN GASTEL system to check a face position of the subject and set the sensing target region based on a feature point derived by applying a face of the subject to a trained machine learning algorithm model, as taught in CONGQING. One of ordinary skill in the art would have been motivated to use the deep learning model because it more precisely determines the heart rate of a person from an image of their face, which is the method of detection taught in VAN GASTEL. There would have been a reasonable expectation of success as CHONGQING teaches that a deep learning model can be used to identify a ROI area for detecting the heart rate.
Claims 9 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Van Gastel M, Stuijk S, de Haan G. Motion robust remote-PPG in infrared. IEEE Transactions on Biomedical Engineering. 2015 Jan 9;62(5):1425-33 (hereinafter “VAN GASTEL,” which was previously cited in the Office Action dated 10/02/2025) and U.S. Patent Application Publication No. 2019/0183357 A1 (hereinafter “GODAVARTY”) as applied to claims 8 and 13 above, and further in view of over U.S. Patent Appl. Publ. No. 2022/0370010 A1 (hereinafter “ZILKIE,” which was previously cited in the Office Action dated 10/02/2025).
With respect to claim 9, the cited art does not teach wherein the optical information collection unit excludes a control in which the respective lighting devices are turned off simultaneously from the plurality of lighting combinations, and the plurality of lightings is combined so that a frequency of turning on and off each lighting device is minimized.
In the same field of endeavor, ZILKIE teaches an optical sensing module that is suitable for wearable devices in which the module includes a plurality of lasers. (Abstract). Each laser of the plurality of lasers operating at a wavelength that is different from the wavelength of the others. (Id). ZILKIE teaches using different wavelengths in a sequence. ([0018]). “The lasers may be switched in sequence (i.e., switched on one at a time) or some or all lasers may be switched on together.” ([0178]). “An advantage of this is that it is not necessary to scan as one might expect from in conventional laboratory spectrophotometry. It is therefore possible to use a wavelength agnostic detector. The detector may respond differently across the range (i.e. the output may vary for a given intensity of light across the wavelength range) but this can be compensated for. This contributes to considerable commercial advantages since it is cheaper and easier to have multiple light sources and a simple detector rather than a simple light source and a complex detector.” ([0011]). The wavelengths may all correspond to NIR wavelengths. ([0019]).
However, ZILKIE also teaches that “[t]he system may operate one wavelength at a time, in which case, the wavelength may be identified temporally. If more than one wavelength is transmitted the detector circuit may distinguish wavelengths or combinations of wavelengths. This may be done by applying and monitoring for identifying modulation (as mentioned above), e.g., frequency tones on the transmitted radiation. Groups of wavelengths may similarly be identified. In some circumstances it may be beneficial to transmit a number of wavelengths simultaneously and then to switch off wavelengths individually or in groups of wavelengths. In this way, intensities of light of certain wavelengths received at low intensities (for example, as a result of high scattering or high absorbance) may be determined with greater accuracy.”
It would have been obvious to one skilled in the art to use a combination of a plurality of lightings over time, with the plurality of lighting devices being alternatingly turned on and off or simultaneously turned on, as taught in ZILKIE. One would be motivated to use a combination of lighting devices to increase the robustness of the device, as taught in VAN GASTEL, but, at other times, alternatingly turned on and off or simultaneously turned on. ZILKIE teaches that it may be cheaper to turn on separately to save costs using only one detector but also simultaneously, at other times, because “it may be beneficial to transmit a number of wavelengths simultaneously and then to switch off wavelengths individually or in groups of wavelengths. In this way, intensities of light of certain wavelengths received at low intensities (for example, as a result of high scattering or high absorbance) may be determined with greater accuracy.” There would have been a reasonable expectation of success as ZILKIE teaches that multiple wavelengths can be used to illuminate the subject at separate times.
With respect to claim 14, the cited art does not teach wherein in the optical information collection step, a control in which the respective lighting devices are turned off simultaneously is excluded from the plurality of lighting combinations, and the plurality of lightings is combined so that a frequency of turning on and off each lighting devices is minimized.
In the same field of endeavor, ZILKIE teaches an optical sensing module that is suitable for wearable devices in which the module includes a plurality of lasers. (Abstract). Each laser of the plurality of lasers operating at a wavelength that is different from the wavelength of the others. (Id). ZILKIE teaches using different wavelengths in a sequence. ([0018]). “The lasers may be switched in sequence (i.e., switched on one at a time) or some or all lasers may be switched on together.” ([0178]). “An advantage of this is that it is not necessary to scan as one might expect from in conventional laboratory spectrophotometry. It is therefore possible to use a wavelength agnostic detector. The detector may respond differently across the range (i.e. the output may vary for a given intensity of light across the wavelength range) but this can be compensated for. This contributes to considerable commercial advantages since it is cheaper and easier to have multiple light sources and a simple detector rather than a simple light source and a complex detector.” ([0011]). The wavelengths may all correspond to NIR wavelengths. ([0019]).
However, ZILKIE also teaches that “[t]he system may operate one wavelength at a time, in which case, the wavelength may be identified temporally. If more than one wavelength is transmitted the detector circuit may distinguish wavelengths or combinations of wavelengths. This may be done by applying and monitoring for identifying modulation (as mentioned above), e.g., frequency tones on the transmitted radiation. Groups of wavelengths may similarly be identified. In some circumstances it may be beneficial to transmit a number of wavelengths simultaneously and then to switch off wavelengths individually or in groups of wavelengths. In this way, intensities of light of certain wavelengths received at low intensities (for example, as a result of high scattering or high absorbance) may be determined with greater accuracy.”
It would have been obvious to one skilled in the art to use a combination of a plurality of lightings over time, with the plurality of lighting devices being alternatingly turned on and off or simultaneously turned on, as taught in ZILKIE. One would be motivated to use a combination of lighting devices to increase the robustness of the device, as taught in VAN GASTEL, but, at other times, alternatingly turned on and off or simultaneously turned on. ZILKIE teaches that it may be cheaper to turn on separately to save costs using only one detector but also simultaneously, at other times, because “it may be beneficial to transmit a number of wavelengths simultaneously and then to switch off wavelengths individually or in groups of wavelengths. In this way, intensities of light of certain wavelengths received at low intensities (for example, as a result of high scattering or high absorbance) may be determined with greater accuracy.” There would have been a reasonable expectation of success as ZILKIE teaches that multiple wavelengths can be used to illuminate the subject at separate times.
RESPONSE TO APPLICANT’S ARGUMENTS
Applicant amended independent claims 1 and 11 to include limitations from former claim 10 as well as additional limitations. Applicant argues that ZILKIE, which was introduced in the rejection of claim 10, is silent on “frequency classification and noise signal filtering processes” and also silent on “removing a direct current component for each light combination….” (Response, bottom of p.10).
First, ZILKIE was specifically relied upon for teaching a lighting combination as recited in former claim 10, which was dependent from claims 5 and 4. ZILKIE was not relied upon for teaching frequency classification or noise signal filtering.
Second, as discussed above, VAN GASTEL teaches the DC component removal as well as frequency classification and noise signal filtering. As discussed above, VAN GASTEL does not explicitly teach the lighting combination. While ZILKIE does teach using a lighting combination, as explained in the first Office Action dated 10/02/2025, this Final Office Action relies upon GODAVARTY for teaching the lighting combination as it is a more appropriate secondary reference for VAN GASTEL.
Prior Art Made of Record
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art includes:
Fan et al. “Non-contact remote estimation of cardiovascular parameters.” Biomedical Signal Processing and Control 40 (2018): 192-203. (Year: 2018). This reference describes many features of systems that remotely detect cardiovascular parameters, including heart rate.
Conclusion
THIS ACTION IS MADE FINAL. 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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/JASON P GROSS/Examiner, Art Unit 3797
/SERKAN AKAR/Primary Examiner, Art Unit 3797
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