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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/12/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 1 is objected to because of the following informalities: the phrase “that can be” in line 2 should be amended to read –configured to be--. Appropriate correction is required.
Claims 2-7, 9-12, 14-17, 19 and 20 are objected to because of the following informalities: the phrase “A PPG sensor” in line 1 should be amended to read –The PPG sensor--. Appropriate correction is required.
Claim 8 is objected to because of the following informalities: the phrase “a surface for being placed” in line 2 should be amended to read –a surface configured to be placed--. Appropriate correction is required.
Claim 13 is objected to because of the following informalities: the phrase “a surface for being placed” in line 2 should be amended to read –a surface configured to be placed--. Appropriate correction is required.
Claim 18 is objected to because of the following informalities: the phrase “A PPG sensor for being placed” in line 1 should be amended to read –A PPG sensor configured to be placed--. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 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.
Claim 1 recites the limitation "the ear canal" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the wall" in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the light" in line 8. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the curvature” in line 10. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the absorption mechanism" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the first wavelength" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the second wavelength" in lines 4-5. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the trajectory" in line 16. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the trajectory" in line 17. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the body part" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the body" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the angle" in line 9. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the angle" in line 10. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the curvature" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation "the trajectory" in line 18. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation "the trajectory" in line 19. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the angle" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the emission" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the angle" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "the curvature" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 18 recites the limitation "the direction" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites the limitation "the direction" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1 and 4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Budidha et al (investigation of photoplethysmography and arterial blood oxygen saturation from ear-canal and the finger under conditions of artificially induced hypothermia, NPL3, in IDS mailed on 09/12/2024).
As to claim 1, Budidha teaches a PPG sensor (pulse oximetry probe/sensor, abstract, fig.2) comprising:
an earbud nozzle (front nozzle of the ear canal PPG probe in fig.2) that can be inserted into the ear canal of a user (as best seen in fig.2);
the nozzle having a curved surface (curvature of the front nozzle of the ear canal PPG probe in fig.2);
a first emitter (left top LED emitter in fig.2, col.2, page 3), a second emitter (right top LED emitter in fig.2) and an optical sensor (top photodetector in fig.2, col.2, page 3) arranged on the curved surface of the nozzle (the two left and right LEDs emitters, and photodetector are arranged on the top curvature of the ear canal PPG probe, as best seen in fig.2);
such that the first emitter and the second emitter are capable (as it has been held that the recitation that an element is "capable of" performing a function is not a positive limitation but only requires the ability to so perform. it does not constitute a limitation in any patentable sense. In re Hutchison, 69 USPQ 138.) of emitting into the wall of the ear canal (emitting light inside user’s ear at 870nm in the infrared region, and 658nm in the red region, sections B and C, pages 3-4, fig.3);
the optical sensor is capable of monitoring the light from the wall of the ear canal (emitting light inside user’s ear, section B and C, pages 3-4, fig.3); wherein
the first emitter is placed on a first side on the curvature of the curved surface (left top LED emitter in fig.2, col.2, page 3);
the second emitter is placed on a second side on the curvature of the curved surface (right top LED emitter in fig.2);
the optical sensor is placed on third side on the curvature of the curved surface (top photodetector in fig.2, col.2, page 3); and
the first emitter and the second emitter are placed to one side of the optical sensor on the curvature of the curved surface (right and left top LED emitters are placed on the curvature side as the photodetector, as best seen in fig.2).
As to claim 4, Budidha teaches the PPG sensor, wherein the first emitter and the second emitter arranged into a row of emitters (as best seen in fig.2); the row of emitters being placed on the same side on the curvature of the curved surface (right and left top LED emitters are placed in a row at the same surface of the curvature, as best seen in fig.2).
Claim(s) 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sarussi et al (CN 109688905 A, an English translated version is relied herein).
As to claim 18, Sarussi teaches a PPG sensor (PPG sensor 19 placed against subject’s skin area 15, abstract, page 5, par.3, fig.1-2) for being placed against a body part, comprising at least a first emitter (light source 10, page 5, par.3, fig.1-2); at least a first optical sensor (photodetector 12, page 5, par.3, fig.1-2);
the first emitter configured to emit in a direction into the body part that forms a divergent angle with the direction in which the first optical sensor is configured to monitor light form the body part (light source 10 is oriented such that the angle between the direction of light illumination and the direction of light detection is greater than 0° and smaller than 90°, that is to say, The light source 10 is configured to emit in a direction into the body part that forms a divergent angle with the direction in which the light detector is configured to monitor light form the body part. Techniques disclosed herein are useful for measuring pulsating signals, as typically obtained in types of non-invasive blood measurements, such as, PPG measurements, page 5, par.10 and page 6, par.8, fig.1-2).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAY A ABOUELELA whose telephone number is (571)270-7917. The examiner can normally be reached 8-5.
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/MAY A ABOUELELA/Primary Examiner, Art Unit 3791
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