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.
Claim 12 is 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.
Claim 1 recites “wherein the two measurements are simultaneous” and claim 12 recites the light emitting element is “configured for switching at least between emitting light along the optical measurement path and emitting light along the optical calibration path”. The claim is indefinite because it is not obvious how an alternating light allows for simultaneous measurements, nor does the instant specification address this (e.g. page 11, last paragraph).
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 5-10, 13-4, 17-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nam et al (United States Patent Application Publication 20210356322)
As to claim 5, Nam teaches a spectrometer device (paragraph 0056 “The detector 25 may include … a spectrometer”) configured for performing an in-use calibration (paragraph 0076 “additional calibration performed at the time of bio-information estimation”), the spectrometer device comprising:
at least one detector configured for generating at least one first detector signal S.sub.d1 and at least one second detector signal S.sub.d2 (paragraph 0057 “the detector 25 may be configured as one or a plurality of arrays” and Figure 5, paragraph 0083 “A detector 25 may detect light that is emitted by the internal light source 24 and is scattered or reflected by an inner reflective surface 27, a surface of the object OBJ, or a measurement site, for example, a blood vessel, inside the object OBJ.” and paragraph 0062 “estimate bio-information based on characteristics of a signal received from the optical sensor 110.”);
at least one light emitting element configured for emitting light sample (Figure 5, paragraph 0083 “internal light source 24”);
an optical measurement element configured for receiving the emitted light and transferring the emitted light to the detector along at least one optical measurement path (Figure 2, paragraph 0061 “cover surface 23”, see Figure 5 where OBJ is on top of that surface, similar to instant Figure 1, element 116),
wherein the optical measurement path comprises at least one reflection at at least one sample (Figure 3, light from element 24 passes through the cover and reflects from the reflective surface, paragraph 0083 “A detector 25 may detect light that is emitted by the internal light source 24 and is scattered or reflected by … a surface of the object OBJ”);
at least one optical calibration element having different optical properties than the optical measurement element (Figure 2, paragraph 0060 “inner reflective surface 27” and in Figure 3, light from element 24 passes through the cover and reflects from the reflective surface indicating they have different properties),
the optical calibration element being configured for receiving the emitted light and transferring the emitted light to the detector along at least one optical calibration path independent from the optical measurement path (Figure 5, paragraph 0083 “A detector 25 may detect light that is emitted by the internal light source 24 and is scattered or reflected by an inner reflective surface 27”, and this path is separate from ‘light source to OBJ to detector’),
the optical calibration path comprising at least one interaction with the optical calibration element without an interaction with the sample (Figure 5, light goes from the source 24 to reflective surface 27 to the detector 25, without encountering the OBJ) and
wherein the optical calibration path is arranged within the spectrometer device (Figure 2, paragraph 0061 “The optical sensor 110 may have a cover surface 23 that contacts the object and the inner reflective surface 27 may be disposed on the cover surface 23. In this case, the cover surface 23 may be made of a transparent material, such as glass, so that light emitted from the internal light source 24 and the light reflected by the object can be transmitted. A space 22 between the substrate 21 and the cover surface 23 may be molded.” where the cover 23, walls 26 and substrate 21 define the device); and
at least one electronics unit (Figure 1, paragraph 0053 “processor 120”) configured for deriving from the first detector signal S.sub.d1 and the second detector signal S.sub.d2 at least one calibrated optical property of the at least one sample (paragraph 0084 “The processor 120 may calculate the absorbance based on the characteristics of the light detected through the detector 25, and reference characteristics and a spectral transmission constant acquired through calibration”);
wherein the spectrometer device comprises at least two detectors (paragraph 0057 “the detector 25 may be configured as one or a plurality of arrays”),
wherein the first detector is configured for being illuminated by the emitted light via the at least one optical measurement path and wherein the second detector is configured for being illuminated by the emitted light via the at least one optical calibration path (Figure 5, paragraph 0083 “A detector 25 may detect light that is emitted by the internal light source 24 and is scattered or reflected by an inner reflective surface 27, a surface of the object OBJ, or a measurement site, for example, a blood vessel, inside the object OBJ.” indicating the detector is configured for being illuminated from both paths).
As to claim 6, Nam teaches everything claimed, as applied above in claim 5, in addition the spectrometer device is configured for performing an in-use calibration method (paragraph 0076 “additional calibration performed at the time of bio-information estimation”).
As to claim 7, Nam teaches everything claimed, as applied above in claim 5, in addition the electronics unit is configured for communicating with at least one data storage element having stored thereon at least one predetermined item of pre-calibration information of the spectrometer device (paragraph 0075 “ the processor 120 may determine that the accuracy of the bio-information estimation is reduced when the bio-information estimation result deviates from a normal range by more than a predetermined threshold or when the number of times the bio-information estimation result deviates from the normal range is greater than a predetermined threshold.”).
As to claim 8, Nam teaches everything claimed, as applied above in claim 7, in addition the item of pre-calibration information of the spectrometer device comprises at least one factory calibration coefficient C.sub.fc determined by at least one first factory signal S.sub.d0 and a second factory signal S.sub.c0, wherein the first factory signal S.sub.d0 is generated by the detector according to a factory-measurement performed with a reference sample having at least one known optical property (paragraph 0063 “In order to increase the accuracy of bio-information estimation, the processor 120 may perform initial calibration at the time of manufacture of the apparatus 100 for estimating bio-information”, paragraph 0064 “FIG. 3 is a diagram for describing initial calibration.” and Figure 3 shows light from the source to the sample 31, and from the source to the reflective surface 27, resulting in the claimed two factory signals), and
wherein the second factory signal S.sub.c0 is generated by the detector according to a factory-measurement performed without the reference sample, wherein <equation> (paragraph 0069 “The processor 120 may acquire a ratio between the acquired optical characteristic I.sub.spec(λ) of the light reflected by the outer reflective surface and the initial optical characteristic I.sub.r0(λ) of the light reflected by the inner reflective surface 27 as the spectral transmission constant.”, and the claimed equation is a ratio of the signals).
As to claim 9, Nam teaches everything claimed, as applied above in claim 7, in addition the calibrated optical property of the at least one sample is an optical absorbance A of the sample (paragraph 0084 “The processor 120 may calculate the absorbance based on the characteristics of the light detected through the detector 25, and reference characteristics and a spectral transmission constant acquired through calibration, and calculate a bio-information estimation value using the absorbance.”),
wherein the electronics unit is configured for determining the optical absorbance by performing the following calculation <equation> (the claimed equation is not patentably different from Nam equation 3).
As to claim 10, Nam teaches everything claimed, as applied above in claim 5, in addition the optical measurement element (Figure 2, element 23) is arranged separated from the detector (Figure 2, element 25) by a first transparent gap (see Figure 3, where light from source 24 goes through space 22 and is reflected by surface 31) and wherein the optical calibration element (Figure 2, element 27) is arranged separated from the detector by a second transparent gap (Figure 2, light from source 24 is reflected to detector 25). While Nam does not explicitly teach the gaps are transparent, paragraph 0061 indicates “A space 22 between the substrate 21 and the cover surface 23 may be molded.” indicating an empty and therefore transparent space).
As to claim 13, Nam teaches everything claimed, as applied above in claim 5, in addition the optical calibration element is one or more of a reflector (Figure 2, paragraph 0060 “inner reflective surface 27”), a metal layer, or a mirror, and wherein the optical measurement element is a transparent window (Figure 2, paragraph 0061 “cover surface 23”, see Figure 5 where light passes through this layer to reflect off OBJ).
As to claim 14, the method would flow from claim 5, in addition Nam teaches using the spectrometer device in an application selected from the group consisting of an infrared detection application; a spectroscopy application; an exhaust gas monitoring application; a combustion process monitoring application; a pollution monitoring application; an industrial process monitoring application; a mixing or blending process monitoring; a chemical process monitoring application; a food processing process monitoring application; a food preparation process monitoring; a water quality monitoring application; an air quality monitoring application; a quality control application; a temperature control application; a motion control application; an exhaust control application; a gas sensing application; a gas analytics application; a motion sensing application; a chemical sensing application; a mobile application; a medical application; a mobile spectroscopy application; a food analysis application; an agricultural application, a plastics identification and/or recycling application; and a healthcare and/or beauty application (paragraph 0128 “FIG. 15 is a diagram illustrating a smart device, to which example embodiments of the apparatus 100 or 800 for estimating bio-information are applied.”, which reads on ‘a spectroscopy application’, ‘a mobile application’, a medical application’, ‘a mobile spectroscopy application’ and ‘healthcare application’).
As to claims 17-18, the methods would flow from claim 5.
Examiner’s Note: Claim 14 is rejected above by making a choice from the listed types of applications and applying the Nam reference as teaching that use. Claims 17 and 18 further limit certain types of applications, but do not restrict the choice of types of applications. As such, the more detailed limitations directed to agricultural and healthcare applications do not affect the choice of, e.g. “a mobile application” and applying Nam’s teachings of a wristband smart device (Figure 15) to that use. Therefore, claims 17-18 are rejected by the same art as applied to claim 14.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 are rejected under 35 U.S.C. 103 as being unpatentable over Nam in view of Kandel et al (United States Patent Application Publication 20110069312).
As to claim 1, Nam teaches an in-use calibration method (paragraph 0005 “a method of calibrating an optical sensor”) for a spectrometer device (paragraph 0056 “The detector 25 may include … a spectrometer”), the method comprising:
a) providing the at least one spectrometer device (Figure 2, paragraph 0056 “The detector 25 may include … a spectrometer”) comprising at least one optical measurement element (Figure 2, paragraph 0061 “cover surface 23”) and at least one optical calibration element (Figure 2, paragraph 0060 “inner reflective surface 27”) having different optical properties (Figure 3, light from element 24 passes through the cover and reflects from the reflective surface),
wherein the spectrometer device comprises at least two detectors (paragraph 0057 “the detector 25 may be configured as one or a plurality of arrays”),
wherein the first detector is configured for being illuminated by emitted light via at least one optical measurement path and wherein the second detector is configured for being illuminated by emitted light via at least one optical calibration path (Figure 5, paragraph 0083 “A detector 25 may detect light that is emitted by the internal light source 24 and is scattered or reflected by an inner reflective surface 27, a surface of the object OBJ, or a measurement site, for example, a blood vessel, inside the object OBJ.” indicating two measurement paths and the ability to detect light from each one);
b) providing at least one sample (Figure 5, paragraph 0083 “object OBJ”);
c) performing at least two measurements using the spectrometer device, wherein one of the measurements is performed with the sample and one of the measurements is performed without the sample (Figure 5, paragraph 0083 “A detector 25 may detect light that is emitted by the internal light source 24 and is scattered or reflected by an inner reflective surface 27, a surface of the object OBJ, or a measurement site, for example, a blood vessel, inside the object OBJ.”),
i. wherein performing the measurement with the sample comprises illuminating the first detector of the spectrometer device via the optical measurement path by using the optical measurement element, the optical measurement path comprising at least one reflection at the at least one sample (Figure 5, paragraph 0083 “A detector 25 may detect light that is emitted by the internal light source 24 and is scattered or reflected by … a surface of the object OBJ, or a measurement site, for example, a blood vessel, inside the object OBJ.”), and
ii. wherein performing the measurement without the sample comprises illuminating the second detector via the optical calibration path independent from the optical measurement path by using the optical calibration element, the optical calibration path comprising at least one interaction with the optical calibration element without an interaction the sample (Figure 3, paragraph 65 “When the light emitted by the internal light source 24 is reflected by the inner reflective surface 27, the detector 25 may detect the light reflected by the inner reflective surface 27 and the processor 120 may store an optical characteristic of I.sub.r0(λ) detected by the detector 25 as an initial characteristic for the internal light source 24.” and Figure 4, paragraph 0076 “additional calibration performed at the time of bio-information estimation”) and
wherein the optical calibration path is arranged within the spectrometer device, specifically within a housing of the spectrometer device (Figure 2, paragraph 0061 “The optical sensor 110 may have a cover surface 23 that contacts the object and the inner reflective surface 27 may be disposed on the cover surface 23. In this case, the cover surface 23 may be made of a transparent material, such as glass, so that light emitted from the internal light source 24 and the light reflected by the object can be transmitted. A space 22 between the substrate 21 and the cover surface 23 may be molded.” where the cover 23, walls 26 and substrate 21 define a housing);
d) generating by the at least one detector at least one first detector signal S.sub.d1 according to the measurement without the sample and at least one second detector signal S.sub.d2 according to the measurement with the sample (paragraph 0084 “The processor 120 may calculate the absorbance based on the characteristics of the light detected through the detector 25, and reference characteristics and a spectral transmission constant acquired through calibration”); and
e) deriving at least one calibrated optical property of the at least one sample from the first detector signal S.sub.d1 and the second detector signal S.sub.d2 (paragraph 0084 “calculate a bio-information estimation value”).
While Nam Figure 5 has both measurement and calibration light illustrated, Nam does not explicitly teach wherein the two measurements are performed simultaneously. However, it is known in the art as taught by Kandel. Kandel teaches a metrology system with measurement and calibration paths (Figure 1, paragraph 0053 “the metrology system may perform a method for measuring and optionally calibrating, suppressing, and eliminating spatially correlated, noise, in which a reference part of the light from the light source is directed to a part of the metrology detector (e.g., CCD or camera), without overlapping with the metrology signal “) where the two measurements are performed simultaneously (paragraph 0053 “An advantageous feature of this calibration is that it can take place simultaneously with the signal collection and that it can be used for calibrating the signal collected in the same time interval as the calibration signal.”). It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have the two measurements be performed simultaneously, in order to perform fast feedback to the light source for stabilizing its power and wavelength.
As to claim 2, Nam in view of Kandel teaches everything claimed, as applied above in claim 1, in addition Nam teaches step e) further comprises taking into account at least one item of pre-calibration information of the spectrometer device determined prior to performing the in-use calibration method (paragraph 0075 “ the processor 120 may determine that the accuracy of the bio-information estimation is reduced when the bio-information estimation result deviates from a normal range by more than a predetermined threshold or when the number of times the bio-information estimation result deviates from the normal range is greater than a predetermined threshold.”).
As to claim 3, Nam in view of Kandel teaches everything claimed, as applied above in claim 2, in addition Nam teaches the item of pre-calibration information of the spectrometer device comprises at least one factory calibration coefficient C.sub.fc determined by at least one first factory signal S.sub.d0 and a second factory signal S.sub.c0, wherein the first factory signal S.sub.d0 is generated by the detector according to a factory-measurement performed with a reference sample having at least one known optical property (paragraph 0063 “In order to increase the accuracy of bio-information estimation, the processor 120 may perform initial calibration at the time of manufacture of the apparatus 100 for estimating bio-information”, paragraph 0064 “FIG. 3 is a diagram for describing initial calibration.” and Figure 3 shows light from the source to the sample 31, and from the source to the reflective surface 27, resulting in the claimed two factory signals), and
wherein the second factory signal S.sub.c0 is generated by the detector according to a factory-measurement performed without the reference sample, wherein <equation> (where the claimed equation is a ratio of the signals, and paragraph 0069 teaches “The processor 120 may acquire a ratio between the acquired optical characteristic I.sub.spec(λ) of the light reflected by the outer reflective surface and the initial optical characteristic I.sub.r0(λ) of the light reflected by the inner reflective surface 27 as the spectral transmission constant.”).
As to claim 4, Nam in view of Kandel teaches everything claimed, as applied above in claim 2, in addition Nam teaches the calibrated optical property of the at least one sample is an optical absorbance A of the sample (paragraph 0084 “The processor 120 may calculate the absorbance based on the characteristics of the light detected through the detector 25, and reference characteristics and a spectral transmission constant acquired through calibration, and calculate a bio-information estimation value using the absorbance.”), wherein <equation> (the claimed equation is not patentably different from Nam equation 3).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Nam.
As to claim 15, Nam teaches everything claimed, as applied above in claim 5, in addition at least one light emitting element is [a] light emitting diode (LED) configured for emitting light (Figure 2, paragraph 0057 describes light source 24 as “a plurality of LED arrays”).
While Nam does not explicitly teach “a” single LED, Nam paragraph 0057 teaches “The number and arrangement form of the internal light sources 24 and the detectors 25 are not particularly limited and may be variously modified”, and it would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have a single LED as the light source, in order to reduce the cost and complexity of the device.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Nam in view of Weidman (United States Patent Application Publication 20190317013).
As to claim 12, Nam teaches everything claimed, as applied above in claim 5, with the exception of the light emitting element is an active optical element configured for switching at least between emitting light along the optical measurement path and emitting light along the optical calibration path. However, it is known in the art as taught by Weidman. Weidman teaches a spectrometer (paragraph 0016 “The invention also provides … a spectrometer”) with in-use calibration (paragraph 0005 “enable quasi real time baseline cancelation and permanent multi-point on board concentration calibration of the spectrometer”) in which the light emitting element is an active optical element configured for switching at least between emitting light along the optical measurement path and emitting light along the optical calibration path (Figure 1, paragraph 0034 “ As well as switching the path to each of the absorption volumes, the first and second path optics 14, 20 may be arranged to switch the path to one or more open paths which do not include any absorption volume. Such open paths may be used for example to provide calibration or stability monitoring data.”). It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have the light emitting element is an active optical element configured for switching at least between emitting light along the optical measurement path and emitting light along the optical calibration path, in order to better support detection within the dynamic range of a single detector element.
Claims 11, 16 are rejected under 35 U.S.C. 103 as being unpatentable over Nam, and further in view of Chraplyvy (United States Patent 421997).
As to claim 11, Nam teaches everything claimed, as applied above in claim 5, with the exception of the optical measurement element and the optical calibration element are arranged separately from each other. However, it is known in the art as taught by Chraplyvy. Chraplyvy teaches a spectrometer (column 1:5 “This invention relates to a laser spectrometer”) in which the optical measurement element and the optical calibration element are arranged separately from each other (Figure 1 shows a reference path from elements 14, 16, 18, 20 to detector 38, and a sample path from elements 14, 24, sample 26, 22 to detector 38, teaching the concept of ‘separate paths with different optical elements in separate locations’ which when applied to the invention of Nam would have a gap between Nam Figure 2 elements 23 and 27). It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have the optical measurement element and the optical calibration element are arranged separately from each other, in order to more easily apply different modifications to the different optical paths.
As to claim 16, Nam teaches everything claimed, as applied above in claim 5, with the exception of the optical measurement element and the optical calibration element are arranged in separate locations such that a gap exists between the optical measurement element and the optical calibration element. However, it is known in the art as taught by Chraplyvy. Chraplyvy teaches the optical measurement element and the optical calibration element are arranged in separate locations such that a gap exists between the optical measurement element and the optical calibration element (Figure 1 shows a reference path from elements 14, 16, 18, 20 to detector 38, and a sample path from elements 14, 24, sample 26, 22 to detector 38, teaching the concept of ‘separate paths with different optical elements in separate locations’ which when applied to the invention of Nam would have a gap between Nam Figure 2 elements 23 and 27). It would have been obvious to one of ordinary skill in the art before applicant’s effective filing date to have the optical measurement element and the optical calibration element are arranged in separate locations such that a gap exists between the optical measurement element and the optical calibration element, in order to more easily apply different modifications to the different optical paths.
Conclusion
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/J.C.U/Examiner, Art Unit 2877
/MICHELLE M IACOLETTI/Supervisory Patent Examiner, Art Unit 2877