DETAILED ACTION
Status of Claims
Claims 1-10 are currently pending and have been examined in this application. This NON-FINAL communication is the first action on the merits.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Applicant’s claim for the benefit of a prior-filed application filed in PCT KR 10-2023-0047854 on 04/11/2023 under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
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 1-10, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sloushch (US 20200317207).
Regarding Claims 1, 6, Sloushch discloses the following limitations:
A high-resolution amplified biological activity signal acquisition system comprising: (Sloushch - [0004] The present invention is directed to systems and methods for detecting vital signs of motor vehicle occupants, such as the occupants in the vehicle cabin, in dynamic environments.)
A high-resolution amplified biological activity signal acquisition method comprising: (Sloushch - [0004])
a biological activity signal processing unit for generating a preprocessed biological activity signal by acquiring a biological activity signal of a user using a radar device and performing preprocessing on the biological activity signal; (Sloushch - [0026] The system comprises: a radar transceiver for transmitting a signal to the subject and receiving the signal reflected from the subject; a signal converter for converting the reflected signal to a converted signal for processing by a processor; a vibration detection unit for detecting vibrations local to the subject and providing data representative of the local vibrations; and, a processor in electronic communication with the signal converter and the vibration detection unit, programmed to: a) analyze the converted signal with respect to vibration data, to produce a modified signal, and b) analyze the modified signal to determine the vital signs of the occupant.)
a digital signal processing unit for generating a digital-processed biological activity signal by performing digital-processing on the preprocessed biological activity signal; and (Sloushch - [0026], [0083] The ADC 407, converts the signal-received from the filtering and amplification circuit 406 from an analog to a digital signal. The ADC 407 may be a separate module or embedded into the CPU 408. When the ADC 407 is separate from the CPU 408, it transmits digital signal (raw data) to the CPU 408. The ADC 407 converts the filtered analog signals received from the filtering and amplification circuit 406, to digital signals data to allow digital processing by the processing algorithms of CPU 408, including those to determine breathing rate (RR), heart rate (HR) and heart rate variability (HRV). The CPU 408 receives raw data from the ADC 407 when the ADC 407 is separate from the CPU 408. Alternately, the CPU 408, for example, receives an analog data state from the filtering and amplification circuit 406. In this case, the CPU 408 converts the analog signal to a digital signal (raw data). The aforementioned analog signal(s), (e.g., IF signals) from the filtering and amplification circuit 406, and the corresponding signals reproduced by the CPU 408 from the digital signal provided by the ADC 407, include one or more peaks.)
a signal extraction unit for outputting the digital-processed biological activity signal to extract an amplified signal for each preset biological activity signal category. (Sloushch - [0026], [0083])
Regarding Claims 2, 7, Sloushch further discloses:
wherein the biological activity signal processing unit includes: (Sloushch - [0026], [0083])
a biological activity signal acquisition module for acquiring the biological activity signal including a first biological activity signal that is a biological signal and a second biological activity signal that is an activity signal; and (Sloushch - [0026], [0083], [0090] FIG. 4B is a schematic diagram showing the filtering and amplification circuit 406, configured for two pathways. By having the two pathways for breathing rate 406a (a higher amplitude signal than the heart rate), and heart rate 406b, higher signal to noise ratio (SNR) of the obtained signal (by the ADC 407) is achieved. A first pathway 406a for breathing rate filtering, and a second pathway 406b for heart rate/heart rate variability filtering. For example, on the first pathway 406a, filtration is from approximately 0.3 to 3 Hz for initial conditions and start up, while on the second pathway 406b filtration is from approximately 0.8 to 20 Hz for initial conditions or start up. Activity signal may include “local vibrations”.)
a biological activity signal preprocessing module for generating the preprocessed biological activity signal by performing preprocessing on the biological activity signal. (Sloushch - [0026], [0083])
Regarding Claims 3, 8 Sloushch further discloses:
wherein the preprocessing is a process of performing amplification at a preset magnitude using an amplifier on each of the first biological activity signal and the second biological activity signal, and (Sloushch - [0026], [0083], [0081] The amplifiers amplify the IF signals before the IF signals enter the ADC 407. The amplifiers, for example, are for various frequencies, and may be hardware, software or combinations thereof. [0082] The filtering and amplification circuit 406 operates in two variations of output from the RF radar 404, for example, as: 1) a single analog output, formed of a filtering and amplification circuit for amplifying a single analog data transfer from the RF radar 404; and 2) “I” (in phase) and “Q” (quadrature) outputs from RF radar 404, two filtering and amplification circuits for amplifying the RF radar 404 “I” and “Q” outputs.)
applying a low pass filter of a preset band. (Sloushch - [0092] The amplifiers 413a-2, 413b-2 apply gain, in accordance with the calibration method detailed below, so as to amply the signal to an amplitude suitable to separate noise from the signal. The low pass filters 413a-3, 413b-3, set an upper edge for the signal, which is at a frequency, higher than the breathing rate (RR), in the breathing rate pathway 406a, and a frequency, higher than the heart rate (HR), in the heart rate pathway 406b.)
Regarding Claims 4, 9, Sloushch further discloses:
wherein the digital signal processing unit includes: (Sloushch - [0083])
a signal conversion module for digitalizing the preprocessed biological activity signal; (Sloushch - [0083])
a signal ratio calculation module for confirming an amplification degree of a digital biological activity signal, which is the digitalized preprocessed biological activity signal, and (Sloushch – [0083], [0090], [0096] The calibration of the gain levels of the radar RF (LNA) and IF signals should be based on the specific lower signal level which was received while the vehicle 100 was empty. For example, the gain level should allow for receipt of reflected calibration signals (waveforms) at the SNR ratio of at least 1 dB (decibel). In the case of calibration over multiple frequencies, for example, low, mid, high, the mean gain should be selected by the CPU 408 (by the preprogrammed initial settings).)
calculating a signal-to-noise ratio by performing conversion on the digital biological activity signal; and (Sloushch – [0083], [0090], [0096])
an amplification magnitude determination module for determining the preset magnitude by applying the amplification degree and the signal-to-noise ratio to a preset algorithm. (Sloushch – [0083], [0090], [0096])
Regarding Claims 5, 10, Sloushch further discloses:
wherein the signal extraction unit includes: (Sloushch - [0026], [0083])
a digital-processed biological activity signal output determination module for determining to output the digital biological activity signal when the signal-to-noise ratio is higher than a preset magnitude, and not to output the digital biological activity signal when the signal-to-noise ratio is lower than the preset magnitude; and (Sloushch – [0083], [0090], [0096])
a digital-processed biological activity signal output module for determining, when it is determined to output the digital-processed biological activity signal, the preset biological activity signal category to which the digital-processed biological activity signal corresponds, and separately outputting the digital-processed biological activity signal in each signal category. (Sloushch – [0026], [0083], [0090], [0096])
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's
disclosure or directed to the state of art is listed on the enclosed PTO-892.
The following is a brief description for relevant prior art that was cited but not applied:
Boric-Lubecke (US 20080077015) discloses systems and methods for determining presence and/or physiological motion with Doppler radar.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDON JAMES HENSON whose telephone number is (703)756-1841. The examiner can normally be reached Monday-Friday 9:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Resha H. Desai can be reached at (571) 270-7792. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRANDON JAMES HENSON/Examiner, Art Unit 3648
/BERNARR E GREGORY/Primary Examiner, Art Unit 3648
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