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 .
Status of Claims
Claims 1-4 and 6-9 are pending in this application. Claims 5 and 10 are cancelled and Claims 1-4 and 6-9 have been examined on the merits.
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, 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over Jin (KR20060045089A) in view of Jeon (KR20060045089A).
Regarding Claim 1,
Jin teaches an apparatus for detecting blood vessels under the skin, comprising a light source unit, an image processing unit, and an image display unit (corresponding disclosure in at least [0001], where it’s disclosed the device detects blood vessels, and obtains images with a light source (image display unit, image processing unit) “The present invention relates to a subcutaneous blood vessel detection system capable of visualizing a blood vessel located under the skin… obtaining a high-quality image through the combination of a main light source”),
a part of light irradiated toward the subject from the disposed infrared light sources is reflected from the subject, and another part of the light is transmitted through the subject (corresponding disclosure in at least [0013], where there is a light that is reflected and then a transmission filter for transmitting the light through the lens, which would go through the subject “and the second light source unit and reflected from a subject, an infrared transmission filter through which the light passing through the optical lens passes” and further in [0014] “a distance from the subject or an intensity of the second infrared light source may be set such that the second light source unit has a deeper light transmission depth with respect to the subject than the first light source unit”)
wherein the image processing unit comprises: optical lens for receiving the light reflected from the subject and the light transmitted through the subject (corresponding disclosure in at least [0013], where there is an optical lens for receiving and transmitting light “the image processing unit includes an optical lens for receiving light irradiated from the first light source unit and the second light source unit and reflected from a subject, an infrared transmission filter through which the light passing through the optical lens passes”);
an infrared transmitting filter for transmitting the light passing through the optical lens (corresponding disclosure in at least [0013], where there is a transmission filter for transmitting light “an infrared transmission filter through which the light passing through the optical lens passes”);
and a camera detection unit for detecting the light transmitted through the infrared transmitting filter (corresponding disclosure in at least [0013], where there is a camera detection unit for detecting light passing through a filter “a camera detection unit for detecting the light passing
through the infrared transmission filter”),
and wherein the image display unit outputs image information detected by means of the camera detection unit (corresponding disclosure in at least [0013], where there is an outputted image “the image display unit outputs image information generated by the image processing unit using the light detected by the camera detection unit”).
Jin does not teach where the light source unit is located on a flexible plane and includes one or more infrared light sources, the fix unit is located at an end of the flexible plane to fix a shape of the flexible plane, the infrared light sources are disposed to follow a surface of the subject as the flexible plane surrounds the subject as the flexible plane is fixed by means of the fix unit, and wherein the one or more infrared light sources are disposed on the light source unit at predetermined intervals.
Jeon, in a similar field of endeavor, teaches a similar concept (diagnostic measurement devices) where the light source unit is located on a flexible plane and includes one or more infrared light sources (corresponding disclosure in at least [0024] and Figure 2, where there is a flexible (elastic) plane with one or more light sources “light emitting unit side elastic materials 261 and 262, light receiving units 271 and 272, and light receiving unit side elastic materials 281 and 282”)
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Figure 2 of Jeon
the fix unit is located at an end of the flexible plane to fix a shape of the flexible plane (corresponding disclosure in at least Figure 2 and [0025], where there is a Velcro tape (fix unit) at the end of the flexible plane “between the light receiving part-side elastic material and the sticking surface 230 of the velcro tape”)
the infrared light sources are disposed to follow a surface of the subject as the flexible plane surrounds the subject and the flexible plane is fixed by means of the fix unit (corresponding disclosure in at least [0027] and Figure 2, where there are light emitting portions on the surface which go around a subject and can be fixed with the fix unit “The light-emitting-portion-side elastic member 260 has a rectangular parallelepiped groove recessed in the center in an open form toward the finger closing side, so that the light-emitting portion 250 is positioned at this portion without a peripheral gap to serve as a support for fixing the light emitting portion”)
and wherein the one or more infrared light sources are disposed on the light source unit at predetermined intervals (corresponding disclosure in at least [0026] and Figure 2b, where there is an infrared light source (251), which is disposed on the light source unit (250, 270) at a predetermined interval (the light sources are disposed onto the device at specific locations) “The light emitting unit 250 is composed of an infrared LED, it characterized in that the infrared radiation in proportion to the amount of current sent from the heart rate measuring device to be described later”).
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Figure 2b of Jeon
It would have been obvious to a person having ordinary skill in the art before the effective filing date to have included a flexible plane with a flex lights disposed along the plane with a fix unit as taught by Jeon. One of the ordinary skill in the art would have been motivated to incorporate this because a flexible device allows for use around a patient, for instance, around the arm for detection in the area, and the fix unit ensures the device stays in place.
Regarding Claim 6,
Jin teaches a method for detecting blood vessels under the skin (corresponding disclosure in at least [0001], where it’s disclosed the device detects blood vessels “The present invention relates to a subcutaneous blood vessel detection system capable of visualizing a blood vessel located under the skin”) comprises the steps of:
disposing infrared light sources included in a light source unit such that the infrared light sources follow a surface of a subject (corresponding disclosure in at least [0001], where there are light sources for capturing an image of the subject “obtaining a high-quality image through the combination of a main light source”),
irradiating an infrared ray to the subject by means of the light source unit (corresponding disclosure in at least [0013], where there is a light that is reflected and then a transmission filter for transmitting the light through the lens, which would go through the subject “and the second light source unit and reflected from a subject, an infrared transmission filter through which the light passing through the optical lens passes”),
wherein a part of light irradiated toward the subject from the disposed infrared light sources is reflected from the subject, and another part of the light is transmitted through the subject (corresponding disclosure in at least [0013], where there is a light that is reflected and then a transmission filter for transmitting the light through the lens, which would go through the subject “and the second light source unit and reflected from a subject, an infrared transmission filter through which the light passing through the optical lens passes” and further in [0014] “a distance from the subject or an intensity of the second infrared light source may be set such that the second light source unit has a deeper light transmission depth with respect to the subject than the first light source unit”);
passing the light reflected from the subject and the light transmitted through the subject through an infrared transmitting filter (corresponding disclosure in at least [0013], where there is an optical lens for receiving and transmitting light “the image processing unit includes an optical lens for receiving light irradiated from the first light source unit and the second light source unit and reflected from a subject, an infrared transmission filter through which the light passing through the optical lens passes”);
detecting the light passed through the infrared transmitting filter by means of a camera detection unit (corresponding disclosure in at least [0013], where there is a camera detection unit for detecting light passing through a filter “a camera detection unit for detecting the light passing
through the infrared transmission filter”), and
displaying image information detected by the camera detection unit on an image display unit (corresponding disclosure in at least [0013], where there is an outputted image “the image display unit outputs image information generated by the image processing unit using the light detected by the camera detection unit”).
Jin does not teach wherein the light source unit is located on a flexible plane and includes one or more infrared light sources, and the fix unit is located at an end of the flexible plane,
and the infrared light sources are disposed to follow the surface of the subject as the flexible plane surrounds the subject and the flexible plane is fixed by means of the fix unit;
Jeon, in a similar field of endeavor, teaches a similar concept (diagnostic measurement devices) wherein the light source unit is located on a flexible plane and includes one or more infrared light sources (corresponding disclosure in at least [0024] and Figure 2, where there is a flexible (elastic) plane with one or more light sources “light emitting unit side elastic materials 261 and 262, light receiving units 271 and 272, and light receiving unit side elastic materials 281 and 282”)
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Figure 2 of Jeon
and the fix unit is located at an end of the flexible plane to fix a shape of the flexible plane, (corresponding disclosure in at least Figure 2 and [0025], where there is a Velcro tape (fix unit) at the end of the flexible plane “between the light receiving part-side elastic material and the sticking surface 230 of the velcro tape”),
and the infrared light sources are disposed to follow the surface of the subject as the flexible plane surrounds the subject and the flexible plane is fixed by means of the fix unit (corresponding disclosure in at least [0027] and Figure 2, where there are light emitting portions on the surface which go around a subject and can be fixed with the fix unit “The light-emitting-portion-side elastic member 260 has a rectangular parallelepiped groove recessed in the center in an open form toward the finger closing side, so that the light-emitting portion 250 is positioned at this portion without a peripheral gap to serve as a support for fixing the lightemitting portion”)
and wherein the one or more infrared light sources are disposed on the light source unit at predetermined intervals (corresponding disclosure in at least [0026] and Figure 2b, where there is an infrared light source (251), which is disposed on the light source unit (250, 270) at a predetermined interval (the light sources are disposed onto the device at specific locations) “The light emitting unit 250 is composed of an infrared LED, it characterized in that the infrared radiation in proportion to the amount of current sent from the heart rate measuring device to be described later”).
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Figure 2b of Jeon
It would have been obvious to a person having ordinary skill in the art before the effective filing date to have included a flexible plane with a flex lights disposed along the plane with a fix unit as taught by Jeon. One of the ordinary skill in the art would have been motivated to incorporate this because a flexible device allows for use around a patient, for instance, around the arm for detection in the area, and the fix unit ensures the device stays in place.
Regarding Claim 2 and 7, the combined references of Jin and Jeon teach the limitations of Claim 1 and 6, and an observation unit form in which a portion of the flexible plane (corresponding disclosure in at least Figure 2 of Jeon) is open (corresponding disclosure in at least [0032] of Jin, where there is an open area on the device body, which can be an observation unit).
Regarding Claim 3 and 8, the combined references of Jin and Jeon teach the limitations of Claim 1 and 6, and where the device further comprises a control unit that is located on the flexible plane (corresponding disclosure in at least Figure 2 of Jeon) and configured to control the intensity of the infrared light sources (corresponding disclosure in at least [0036] of Jin, where there is a shutter, which is in the lens, which is a part of the device, for adjusting the intensity “a shutter may be mounted inside the optical lens to include a function of adjusting the intensity of an incoming image”).
Regarding Claim 4 and 9, the combined references of Jin and Jeon teach the limitations of Claim 1 and 6, and wherein the distance or angle of the infrared light sources with respect to the subject is controlled (corresponding disclosure in at least [0043] of Jin, where the angle can be positioned with respect to the subject “the operator may carry the second light source unit to irradiate infrared rays at a desired angle at a desired position with respect to the subject”) by means of the fix unit (corresponding disclosure in at least Figure 2 of Jeon).
Response to Arguments
Applicant's arguments filed 12/16/25 regarding the 35 U.S.C. 112b have been fully considered and the rejection is withdrawn in light of amendments.
Applicant's arguments filed 12/16/25 regarding the 35 U.S.C. 103 rejections have been fully considered but they are not persuasive. Regarding Claim 1 (and similarly claim 6), Applicant argues Jin and Jeon do not teach or suggest “wherein the one or more infrared light sources are disposed on the light source unit at predetermined intervals”. However, Jeon teaches a light source (the claim recites the use of one light source), which is disposed onto a light source unit ([0026] of Jeon, see office action above). The Specifications of the instant application do not provide further detail in a specific orientation, pattern, etc. that the light source must be configured in. Therefore, Jeon teaches the limitation of one infrared light source disposed on the light source at a predetermined interval.
The remaining claims remain rejected due to their dependence on independent claims 1 and 6.
Conclusion
The prior art made of record and not relied upon is considered pertinent to
applicant's disclosure. Further prior art that is similar to the present application includes the reference by Jin et al (“Wrist-wearable blood flow meter by biomimetically structured conductive PDMS composite”, 2025, Sensors and Actuators A: Physical, Volume 393), which entails a photonic wearable device for blood vessel parametric detection.
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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/K.E.K./Examiner, Art Unit 3797
/SERKAN AKAR/Primary Examiner, Art Unit 3797