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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/8/24 is being considered by the examiner.
Claim Objections
Claim 1 is objected to because of the following informalities: “an calculator” in line 12 should recite –a calculator—for grammatical purposes. Appropriate correction is required.
Claim 1 is objected to because of the following informalities: “the N-fold amplified second electrode signal” in line 15 should recite –an N-fold amplified second electrode signal—as there is no previous recitation of this limitation. Appropriate correction is required.
Claim 11 is objected to because of the following informalities: “the N-fold amplified second electrode signal” in lines 20-21 should recite –an N-fold amplified second electrode signal—as there is no previous recitation of this limitation. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-14 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1 and 11 recite “a physiological signal”. The specification discloses:
“The biopotential signal is, for example, an electrocardiography (ECG) signal, an electroencephalography (EEG) signal, or an electromyography (EMG) signal” (¶2).
However, there is insufficient written description under 35 U.S.C. 112(a), due to only disclosing some of the many species that encompass the broad or large genus of any or all possible physiological signals. MPEP 2163(II)(A)(3)(a)(ii) states:
The written description requirement for a claimed genus may be satisfied through sufficient description of a representative number of species by actual reduction to practice (see i)(A) above), reduction to drawings (see i)(B) above), or by disclosure of relevant, identifying characteristics, i.e., structure or other physical and/or chemical properties, by functional characteristics coupled with a known or disclosed correlation between function and structure, or by a combination of such identifying characteristics, sufficient to show the inventor was in possession of the claimed genus (see i)(C) above). See Eli Lilly, 119 F.3d at 1568, 43 USPQ2d at 1406. See Juno Therapeutics, Inc. v. Kite Pharma, Inc., 10 F.4th 1330, 1337, 2021 USPQ2d 893 (Fed. Cir. 2021) ( "[T]he written description must lead a person of ordinary skill in the art to understand that the inventor possessed the entire scope of the claimed invention. Ariad, 598 F.3d at 1353–54 ('[T]he purpose of the written description requirement is to ensure that the scope of the right to exclude, as set forth in the claims, does not overreach the scope of the inventor's contribution to the field of art as described in the patent specification.' (internal quotation marks omitted).").”
There is not a sufficient number of species disclosed to encompass the broad or large genus of any or all possible physiological signals. ECG, EEG, and EMG differ greatly from other species that could fall within the genus such as electrogastrogram (EGG) (see attached EGG reference), electroneurography (ENG) (see attached ENG reference), electrocorticography (ECoG) (see attached ECoG reference), electrodermal activity (EDA) (see attached EDA reference), and electrooculogram (EOG) (see attached EOG reference).
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception, specifically an abstract idea.
Step 1
The claimed invention in claims 1-14 are directed to statutory subject matter as the claims recite a physiological signal measuring device and method for generating a biopotential differential signal.
Step 2A, Prong One
Regarding claims 1 and 11, the recited steps are directed to mathematical concepts (see MPEP 2106.04(a)(2) subsection (I).
Regarding claim 1, the limitations of “a first sensing electrode, having a first electrode impedance value; wherein the first electrode signal comprises a first biopotential signal and a first power noise component from a power noise; a second sensing electrode, having a second electrode impedance value; wherein the second electrode signal comprises a second biopotential signal and a second power noise component from the power noise; wherein the first electrode impedance value is (1+N) times the second electrode impedance value; wherein the first electrode signal comprises a first biopotential signal and a first power noise component from a power noise, wherein the second electrode signal comprises a second biopotential signal and a second power noise component from the power noise; amplifying the second electrode signal to generate an amplified signal and an calculator…configured to generate a physiological signal based on the amplified signal and the first electrode signal, wherein the physiological signal is equal to a calculation result of the first electrode signal minus the N-fold amplified second electrode signal; and a subtractor…configured to subtract the second electrode signal from the physiological signal to generate a biopotential differential signal” are mathematical calculations of performing multiplication, addition, and subtraction, see formulas 1-7 in the specification.
Regarding claim 11, the limitations of “wherein the first sensing electrode has a first electrode impedance value, wherein the second sensing electrode has a second electrode impedance value; wherein the first electrode impedance value is (1+N) times the second electrode impedance value; wherein the first electrode signal comprises a first biopotential signal and a first power noise component from a power noise, wherein the second electrode signal comprises a second biopotential signal and a second power noise component from the power noise; amplifying the second electrode signal to generate an amplified signal and generating a physiological signal based on the amplified signal and the first electrode signal, wherein the physiological signal is equal to a calculation result of the first electrode signal minus the N-fold amplified second electrode signal; and subtracting the second electrode signal from the physiological signal to generate a biopotential differential signal” are mathematical calculations of performing multiplication, addition, and subtraction, see formulas 1-7 in the specification.
Step 2A, Prong Two
For claims 1 and 11, the judicial exception is not integrated into a practical application. In particular, claims 1 and 11 recite “a first sensing electrode configured to acquire a first electrode signal of a user and a second sensing electrode configured to acquire a second electrode signal of the user.” Claim 1 additionally recites “an amplifier.” The first sensing electrode, the second sensing electrode, and the amplifier amount to nothing more than pre-solution activity of data gathering. Merely including instructions to implement an abstract idea on a computer does not integrate a judicial exception into practical application.
Step 2B
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into
a practical application, the additional elements of a first sensing electrode, a second sensing electrode, and an amplifier amount to nothing more than mere pre-solution activity of data gathering, which does not amount to an inventive concept. Moreover, the first sensing electrode, the second sensing electrode, and the amplifier are recited at a high level of generality and are well-understood, routine, and conventional structures as evidenced by US 3993046: (Abstract-conventional amplifier; col. 2 and line 2-conventional electrodes), US 20050090727 (¶9-known electrode-based systems of measuring electrical potentials; ¶11-conventional electrode to lead wire to amplifier arrangements), US 4565201 (col. 6 and lines 45-47-amplifier 12 is used for amplifying the ECG signal detected by electrodes 2 in a conventional manner), and US 3971365 (col. 3 and lines 29-30-conventional electrodes; col. 3 and lines 41-42-amplifier 34 is of conventional design). Further, simply appending well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception, e.g., a claim to an abstract idea requiring no more than a generic computer to perform generic computer functions that are well-understood, routine and conventional activities previously known to the industry, as discussed in Alice Corp., 573 U.S. at 225, 110 USPQ2d at 1984 (see MPEP § 2106.05(d)).
Regarding dependent claims 2-10 and 12-14, the limitations of claims 1 and 11 further define the limitations already indicated as being directed to the abstract idea.
Claims 2-4 further define the abstract idea in claim 1.
Regarding claim 5, the limitations of “a first front-stage filter, electrically connected to the first sensing electrode and configured to filter a noise from the first electrode signal; and a second front-stage filter, electrically connected to the second sensing electrode and configured to filter a noise of the second electrode signal” are a process, as drafted, covers performance of the limitation that can be performed by a human mind (including an observation, evaluation, judgment, opinion) under the broadest reasonable standard. For example, these limitations are nothing more than a medical professional receiving print outs of a first electrode signal and a second electrode signal and filter noise from them.
Claim 6 further defines the abstract idea in claims 1 and 5.
Regarding claim 7, a buffer amounts to pre-solution activity of data gathering and is well-understood, routine, and conventional activity as evidenced by: US 4658831 (col. 10 and line 67-conventional buffer amplifier 156), US 20050203348 (¶57-a conventional buffer amplifier), and US 4618929 (col. 3 and line 50-buffer 21 may be a conventional operational amplifier).
Regarding claim 8, the limitations of “first post-stage filter, electrically connected to the first buffer and configured to filter out a noise received when at least one of the first electrode signal and the physiological signal is transmitted; and a second post-stage filter, electrically connected to the second buffer and configured to filter out a noise received when the second electrode signal is transmitted” are a process, as drafted, covers performance of the limitation that can be performed by a human mind (including an observation, evaluation, judgment, opinion) under the broadest reasonable standard. For example, these limitations are nothing more than a medical professional receiving a printout of the first and second electrode signals and filtering out noise.
Regarding claim 9, the calculator amounts to nothing more than a part of a generic computer. Merely including instructions to implement an abstract idea on a computer does not integrate a judicial exception into practical application.
Regarding claim 10, the gain circuit amounts to pre-solution activity of data gathering and is well-understood, routine, and conventional activity as evidenced by: US 4565201: (col. 3 and lines 66-67-a conventional-gain data amplifier), US 20200000355 (¶103-the high gain amplifier 38 can be configured to operate as a conventional instrumentation amplifier), and US 5365934 (col. 7 and lines 17-18-the adjustable gain amplifier is a conventional circuit).
Claims 12-14 further define the abstract idea in claim 11.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 3-4, 10-11, and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Chang (TW201326830 filed on 12/28/11) in view of Hwang (WO 2016199987 filed on 11/9/15) and Yonce (US 6496721 filed on 4/28/00 as cited in the IDS).
Regarding claim 1, Chang teaches a physiological signal measuring device, comprising: a first sensing electrode (page 1, ¶3-a first electrode), and configured to acquire a first electrode signal of a user (page 1, ¶3-a first electrode for receiving a first biosignal), wherein the first electrode signal comprises a first biopotential signal and a first power noise component from a power noise (page 1, ¶3-the first biosignal includes a first physiological characteristic and a first noise); a second sensing electrode (page 1, ¶3-a second electrode), and configured to acquire a second electrode signal of the user (page 1, ¶3-a second electrode receives a second The second biological signal), wherein the second electrode signal comprises a second biopotential signal and a second power noise component from the power noise (page 1, ¶3-the second biological signal includes a second physiological characteristic and a second noise), and an amplifier (page 1, ¶3-a differential amplifier).
However, Chang does not explicitly teach having a first electrode impedance value, having a second electrode impedance value, wherein the first electrode impedance value is (1+N) times the second electrode impedance value; an amplifier electrically connected to the second sensing electrode and configured to amplify the second electrode signal to generate an amplified signal; an calculator, electrically connected to the amplifier and the first sensing electrode and configured to generate a physiological signal based on the amplified signal and the first electrode signal, wherein the physiological signal is equal to a calculation result of the first electrode signal minus the N-fold amplified second electrode signal; and a subtractor, electrically connected to the calculator and the second sensing electrode and configured to subtract the second electrode signal from the physiological signal to generate a biopotential differential signal.
Hwang relates generally to an impedance measuring apparatus for detecting an electrical change appearing on a test subject with two sensing electrodes in accordance with an electric signal applied to a test object and acquiring an impedance of a corresponding portion of the test object between the two sensing electrodes (page 1, ¶1). Hwang further teaches the invention using the following steps:
having a first electrode impedance value (page 5, ¶2-the impedance acquiring unit 40 calculates the impedance of the portion of the body to be inspected corresponding to the two sensing electrodes 12); an amplifier electrically connected to the second sensing electrode and configured to amplify the second electrode signal to generate an amplified signal (page 4, ¶2-two amplifiers G11 and G12 connected to the two sensing electrodes 12 to amplify a signal detected by the sensing electrode 12); an calculator (page 10, ¶3-calculating unit 50), electrically connected to the amplifier and the first sensing electrode and configured to generate a physiological signal based on the amplified signal and the first electrode signal, wherein the physiological signal is equal to a calculation result of the first electrode signal minus the N-fold amplified second electrode signal (page 9, ¶4-an amplifier, and outputs a signal obtained by differential operation with a differential operator independently; page 4, ¶2-two amplifiers G11 and G12 are configured to be adjustable and variable by the arithmetic unit 50; page 5, ¶2-the impedance acquiring unit 40 calculates the impedance of the portion of the body to be inspected corresponding to the two sensing electrodes 12 based on the output signal of the detecting unit 30; Fig. 2-sensing electrode 12 goes to amplifier G11, then G1 for differential amplifying and outputting the signal, and then to calculator 50; page 7, ¶1-the output signal of the in-phase noise suppression unit 64 is a signal corresponding to the difference between signals detected individually by the two sensing electrodes 12, and the introduced common-mode noise is suppressed; Fig. 1); and a subtractor, electrically connected to the calculator and the second sensing electrode and configured to subtract the second electrode signal from the physiological signal to generate a biopotential differential signal (page 7, ¶1-a subtractor for performing differential operation on the normalized quantum signal to output a signal in which the same phase inphase noise is removed by the differential operation and a difference between signals which are not the same phase appears; page 6, 2nd to last ¶-the output signal of the second detector 30-2 is normalized and subtracted from the output signal of the first detector 30-1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chang to include having a first electrode impedance value; an amplifier electrically connected to the second sensing electrode and configured to amplify the second electrode signal to generate an amplified signal; an calculator, electrically connected to the amplifier and the first sensing electrode and configured to generate a physiological signal based on the amplified signal and the first electrode signal, wherein the physiological signal is equal to a calculation result of the first electrode signal minus the N-fold amplified second electrode signal; and a subtractor, electrically connected to the calculator and the second sensing electrode and configured to subtract the second electrode signal from the physiological signal to generate a biopotential differential signal of Hwang in order to determine the state of contact of the two electrodes (Hwang, page 4, 2nd to last ¶) and minimize the common-mode noise (Hwang, page 2, 3rd to last ¶).
While the combination of Chang and Hwang teaches a second sensing electrode (Chang, page 1, ¶3-a second electrode), the combination does not explicitly teach having a second electrode impedance value, wherein the first electrode impedance value is (1+N) times the second electrode impedance value.
Yonce relates generally to a voltage sensing system and particularly, but not by way of limitation, to a voltage sensing system with input impedance balancing for electrocardiogram (ECG) sensing applications (col. 1 and lines 17-20). Yonce further teaches the invention using the following steps:
having a second electrode impedance value (col. 2 and lines 17-19-signals are received at first and second electrodes or terminals, each having an impedance associated therewith), wherein the first electrode impedance value is (1+N) times the second electrode impedance value (col. 2 and lines 19-22-an effective impedance associated with the second electrode is adjusted based on an effective impedance associated with the first electrode; col. 6, line 1-impedance mismatch between electrodes 110A-B; col. 13 and lines 51-56-the effective impedances of first electrode 110A and second electrode 110B may be different. This causes the amount of signal attenuation from the input of electrode 110A to node 210A to be different from the amount of signal attenuation from the input of electrode 110B to node 210B).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chang to include having a second electrode impedance value, wherein the first electrode impedance value is (1+N) times the second electrode impedance value of Yonce in order to provide good signal-to-noise characteristics (Yonce, col. 2 and lines 14-15) and allow sensing of ECG or other input voltage signals and reduce sensing of unwanted common-mode noise signals (Yonce, col. 4 and lines 57-59).
Regarding claim 3, the combination of Chang, Hwang, and Yonce teaches the physiological signal measuring device according to claim 1, wherein: the amplifier amplifies the second electrode signal (-N) times to generate the amplified signal (Hwang, page 2, ¶5-amplifying the detection signals of the two sensing electrodes 12), and the calculator adds the amplified signal to the first electrode signal to generate the physiological signal (Hwang, page 9, ¶4-an amplifier, and outputs a signal obtained by differential operation with a differential operator independently; page 4, ¶2-two amplifiers G11 and G12 are configured to be adjustable and variable by the arithmetic unit 50; page 5, ¶2-the impedance acquiring unit 40 calculates the impedance of the portion of the body to be inspected corresponding to the two sensing electrodes 12 based on the output signal of the detecting unit 30; Fig. 2-sensing electrode 12 goes to amplifier G11, then G1 for differential amplifying and outputting the signal, and then to calculator 50; page 7, ¶1-the output signal of the in-phase noise suppression unit 64 is a signal corresponding to the difference between signals detected individually by the two sensing electrodes 12, and the introduced common-mode noise is suppressed; Fig. 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chang to include wherein: the amplifier amplifies the second electrode signal (-N) times to generate the amplified signal, and the calculator adds the amplified signal to the first electrode signal to generate the physiological signal of Hwang in order to determine the state of contact of the two electrodes (Hwang, page 4, 2nd to last ¶) and minimize the common-mode noise (Hwang, page 2, 3rd to last ¶).
Regarding claim 4, the combination of Chang, Hwang, and Yonce teaches the physiological signal measuring device according to claim 1, wherein the amplifier amplifies the second electrode signal (N) times to generate the amplified signal (Hwang, page 2, ¶5-amplifying the detection signals of the two sensing electrodes 12), and the calculator subtracts the amplified signal from the first electrode signal to generate the physiological signal (page 7, ¶1-a subtractor for performing differential operation on the normalized quantum signal to output a signal in which the same phase inphase noise is removed by the differential operation and a difference between signals which are not the same phase appears; page 6, 2nd to last ¶-the output signal of the second detector 30-2 is normalized and subtracted from the output signal of the first detector 30-1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chang to include wherein the amplifier amplifies the second electrode signal (N) times to generate the amplified signal, and the calculator subtracts the amplified signal from the first electrode signal to generate the physiological signal of Hwang in order to determine the state of contact of the two electrodes (Hwang, page 4, 2nd to last ¶) and minimize the common-mode noise (Hwang, page 2, 3rd to last ¶).
Regarding claim 10, the combination of Chang, Hwang, and Yonce teaches the physiological signal measuring device according to claim 1, further comprising: a gain circuit, electrically connected to the subtractor and configured to gain the biopotential differential signal (Hwang, page 7, ¶6-the gain adjusting unit 61 adjusts amplification amplitudes of the first detecting unit 30-1 and the second detecting unit 30-2 so that the power of the common mode noise extracted by the inphase noise power extracting unit 62 becomes small).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chang to include a gain circuit, electrically connected to the subtractor and configured to gain the biopotential differential signal of Hwang in order to determine the state of contact of the two electrodes (Hwang, page 4, 2nd to last ¶) and minimize the common-mode noise (Hwang, page 2, 3rd to last ¶).
Regarding claim 11, Chang teaches a physiological signal measuring method, comprising: providing a first sensing electrode (page 1, ¶3-a first electrode) and a second sensing electrode (page 1, ¶3-a second electrode), acquiring a first electrode signal of a user by the first sensing electrode (page 1, ¶3-a first electrode for receiving a first biosignal) and acquiring a second electrode signal of the user by the second sensing electrode (page 1, ¶3-a second electrode receives a second The second biological signal), wherein the first electrode signal comprises a first biopotential signal and a first power noise component from a power noise (page 1, ¶3-the first biosignal includes a first physiological characteristic and a first noise), wherein the second electrode signal comprises a second biopotential signal and a second power noise component from the power noise (page 1, ¶3-the second biological signal includes a second physiological characteristic and a second noise).
However, Chang does not explicitly teach wherein the first sensing electrode has a first electrode impedance value, wherein the second sensing electrode has a second electrode impedance value, wherein the first electrode impedance value is (1+N) times the second electrode impedance value; amplifying the second electrode signal to generate an amplified signal and generating a physiological signal based on the amplified signal and the first electrode signal, wherein the physiological signal is equal to a calculation result of the first electrode signal minus the N-fold amplified second electrode signal; and subtracting the second electrode signal from the physiological signal to generate a biopotential differential signal.
Hwang teaches wherein the first sensing electrode has a first electrode impedance value (page 5, ¶2-the impedance acquiring unit 40 calculates the impedance of the portion of the body to be inspected corresponding to the two sensing electrodes 12), amplifying the second electrode signal to generate an amplified signal (page 4, ¶2-two amplifiers G11 and G12 connected to the two sensing electrodes 12 to amplify a signal detected by the sensing electrode 12) and generating a physiological signal based on the amplified signal and the first electrode signal, wherein the physiological signal is equal to a calculation result of the first electrode signal minus the N-fold amplified second electrode signal (page 9, ¶4-an amplifier, and outputs a signal obtained by differential operation with a differential operator independently; page 4, ¶2-two amplifiers G11 and G12 are configured to be adjustable and variable by the arithmetic unit 50; page 5, ¶2-the impedance acquiring unit 40 calculates the impedance of the portion of the body to be inspected corresponding to the two sensing electrodes 12 based on the output signal of the detecting unit 30; Fig. 2-sensing electrode 12 goes to amplifier G11, then G1 for differential amplifying and outputting the signal, and then to calculator 50; page 7, ¶1-the output signal of the in-phase noise suppression unit 64 is a signal corresponding to the difference between signals detected individually by the two sensing electrodes 12, and the introduced common-mode noise is suppressed; Fig. 1); and subtracting the second electrode signal from the physiological signal to generate a biopotential differential signal (page 7, ¶1-a subtractor for performing differential operation on the normalized quantum signal to output a signal in which the same phase inphase noise is removed by the differential operation and a difference between signals which are not the same phase appears; page 6, 2nd to last ¶-the output signal of the second detector 30-2 is normalized and subtracted from the output signal of the first detector 30-1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chang to include wherein the first sensing electrode has a first electrode impedance value, amplifying the second electrode signal to generate an amplified signal and generating a physiological signal based on the amplified signal and the first electrode signal, wherein the physiological signal is equal to a calculation result of the first electrode signal minus the N-fold amplified second electrode signal; and subtracting the second electrode signal from the physiological signal to generate a biopotential differential signal of Hwang in order to determine the state of contact of the two electrodes (Hwang, page 4, 2nd to last ¶) and minimize the common-mode noise (Hwang, page 2, 3rd to last ¶).
While the combination of Chang and Hwang teaches a second sensing electrode (Chang, page 1, ¶3-a second electrode), the combination does not explicitly teach wherein the second sensing electrode has a second electrode impedance value, and wherein the first electrode impedance value is (1+N) times the second electrode impedance value.
Yonce teaches wherein the second sensing electrode has a second electrode impedance value (col. 2 and lines 17-19-signals are received at first and second electrodes or terminals, each having an impedance associated therewith), and wherein the first electrode impedance value is (1+N) times the second electrode impedance value (col. 2 and lines 19-22-an effective impedance associated with the second electrode is adjusted based on an effective impedance associated with the first electrode; col. 6, line 1-impedance mismatch between electrodes 110A-B; col. 13 and lines 51-56-the effective impedances of first electrode 110A and second electrode 110B may be different. This causes the amount of signal attenuation from the input of electrode 110A to node 210A to be different from the amount of signal attenuation from the input of electrode 110B to node 210B).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chang to include wherein the second sensing electrode has a second electrode impedance value, and wherein the first electrode impedance value is (1+N) times the second electrode impedance value of Yonce in order to provide good signal-to-noise characteristics (Yonce, col. 2 and lines 14-15) and allow sensing of ECG or other input voltage signals and reduce sensing of unwanted common-mode noise signals (Yonce, col. 4 and lines 57-59).
Regarding claim 13, the combination of Chang, Hwang, and Yonce teaches the physiological signal measuring method according to claim 11, wherein amplifying the second electrode signal to generate the amplified signal and generating the physiological signal based on the amplified signal and the first electrode signal comprises: amplifying the second electrode signal (-N) times to generate the amplified signal (Hwang, page 2, ¶5-amplifying the detection signals of the two sensing electrodes 12); and adding the amplified signal to the first electrode signal to generate the physiological signal (Hwang, page 9, ¶4-an amplifier, and outputs a signal obtained by differential operation with a differential operator independently; page 4, ¶2-two amplifiers G11 and G12 are configured to be adjustable and variable by the arithmetic unit 50; page 5, ¶2-the impedance acquiring unit 40 calculates the impedance of the portion of the body to be inspected corresponding to the two sensing electrodes 12 based on the output signal of the detecting unit 30; Fig. 2-sensing electrode 12 goes to amplifier G11, then G1 for differential amplifying and outputting the signal, and then to calculator 50; page 7, ¶1-the output signal of the in-phase noise suppression unit 64 is a signal corresponding to the difference between signals detected individually by the two sensing electrodes 12, and the introduced common-mode noise is suppressed; Fig. 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chang to include wherein: wherein amplifying the second electrode signal to generate the amplified signal and generating the physiological signal based on the amplified signal and the first electrode signal comprises: amplifying the second electrode signal (-N) times to generate the amplified signal; and adding the amplified signal to the first electrode signal to generate the physiological signal of Hwang in order to determine the state of contact of the two electrodes (Hwang, page 4, 2nd to last ¶) and minimize the common-mode noise (Hwang, page 2, 3rd to last ¶).
Regarding claim 14, the combination of Chang, Hwang, and Yonce teaches the physiological signal measuring method according to claim 11, wherein amplifying the second electrode signal to generate the amplified signal and generating the physiological signal based on the amplified signal and the first electrode signal comprises: amplifying the second electrode signal (N) times to generate the amplified signal (Hwang, page 2, ¶5-amplifying the detection signals of the two sensing electrodes 12); and subtracting the amplified signal from the first electrode signal to generate the physiological signal (page 7, ¶1-a subtractor for performing differential operation on the normalized quantum signal to output a signal in which the same phase inphase noise is removed by the differential operation and a difference between signals which are not the same phase appears; page 6, 2nd to last ¶-the output signal of the second detector 30-2 is normalized and subtracted from the output signal of the first detector 30-1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chang to include wherein amplifying the second electrode signal to generate the amplified signal and generating the physiological signal based on the amplified signal and the first electrode signal comprises: amplifying the second electrode signal (N) times to generate the amplified signal; and subtracting the amplified signal from the first electrode signal to generate the physiological signal of Hwang in order to determine the state of contact of the two electrodes (Hwang, page 4, 2nd to last ¶) and minimize the common-mode noise (Hwang, page 2, 3rd to last ¶).
Claims 2 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Chang in view of Hwang, and Yonce as applied to claims 1 and 11 above, and further in view of Ha (US 20200253500 filed on 2/6/20).
Regarding claim 2, the combination of Chang, Hwang, and Yonce teaches the physiological signal measuring device according to claim 1. However, the combination of Chang, Hwang, and Yonce does not teach wherein: the first power noise component is equal to a product of a power coupling current value of the power noise and the first electrode impedance value, and the second power noise component is equal to a product of the power coupling current value and the second electrode impedance value.
Ha teaches wherein: the first power noise component is equal to a product of a power coupling current value of the power noise and the first electrode impedance value (¶95-the IDAC 44 may subsequently multiply the factor signal with the reference current 80, the reference current 80 for the IDAC 44 being the same as the reference current 80 used by the current generator circuit 10; ¶38-the factor signal may be used to extract impedance information regarding the measurement; ¶100-noise in the first current 86; Abstract-the first current being proportional to the measurement voltage), and the second power noise component is equal to a product of the power coupling current value and the second electrode impedance value (¶36-wherein the baseline cancellation IDAC is configured to receive the factor signal and the reference current and output the second current as the reference current multiplied by the factor; ¶38-the factor signal may be used to extract impedance information regarding the measurement; ¶100-noise in the second current 88; Abstract- a second current).
Ha relates generally to biosignal measurement devices comprising units for measuring bio-impedance signals and, more particularly, to units for measuring time varying bio-impedance signal (¶2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chang to include wherein: the first power noise component is equal to a product of a power coupling current value of the power noise and the first electrode impedance value, and the second power noise component is equal to a product of the power coupling current value and the second electrode impedance value of Ha in order to improve the measurement. For example, information regarding the electrode impedance may be used to detect if the electrode connection is poor such that the user may be notified (Ha, ¶38).
Regarding claim 12, the combination of Chang, Hwang, and Yonce teaches the physiological signal measuring method according to claim 11. However, the combination of Chang, Hwang, and Yonce does not teach wherein: the first power noise component is equal to a product of a power coupling current value of the power noise and the first electrode impedance value, and the second power noise component is equal to a product of the power coupling current value and the second electrode impedance value.
Ha teaches wherein: the first power noise component is equal to a product of a power coupling current value of the power noise and the first electrode impedance value (¶95-the IDAC 44 may subsequently multiply the factor signal with the reference current 80, the reference current 80 for the IDAC 44 being the same as the reference current 80 used by the current generator circuit 10; ¶38-the factor signal may be used to extract impedance information regarding the measurement; ¶100-noise in the first current 86; Abstract-the first current being proportional to the measurement voltage), and the second power noise component is equal to a product of the power coupling current value and the second electrode impedance value (¶36-wherein the baseline cancellation IDAC is configured to receive the factor signal and the reference current and output the second current as the reference current multiplied by the factor; ¶38-the factor signal may be used to extract impedance information regarding the measurement; ¶100-noise in the second current 88; Abstract- a second current).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chang to include wherein: the first power noise component is equal to a product of a power coupling current value of the power noise and the first electrode impedance value, and the second power noise component is equal to a product of the power coupling current value and the second electrode impedance value of Ha in order to improve the measurement. For example, information regarding the electrode impedance may be used to detect if the electrode connection is poor such that the user may be notified (Ha, ¶38).
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Chang in view of Hwang and Yonce as applied to claim 1 above, and further in view of Kim (US 20120232369 filed on 7/9/11).
Regarding claim 5, the combination of Chang, Hwang, and Yonce teaches the physiological signal measuring device according to claim 1. However, the combination of Chang, Hwan, and Yonce does not explicitly teach a first front-stage filter, electrically connected to the first sensing electrode and configured to filter a noise from the first electrode signal; and a second front-stage filter, electrically connected to the second sensing electrode and configured to filter a noise of the second electrode signal.
Kim teaches a first front-stage filter, electrically connected to the first sensing electrode and configured to filter a noise from the first electrode signal (¶60-the first unit measurer 51 generates the first biological signal 514 by feeding back a common component of electrical characteristics of the first measurement electrodes 511 and 512 to a first ground electrode 513 by filtering noise due to the common component of the first measurement electrodes 511 and 512 via a DRL circuit, the first biological signal 514 is a signal whereby noise due to the common component of the electrical characteristics of the first measurement electrodes 511 and 512 is filtered); and a second front-stage filter, electrically connected to the second sensing electrode and configured to filter a noise of the second electrode signal (¶60-the second unit measurer 52 generates the second biological signal 524 by feeding back a common component of electrical characteristics of the second measurement electrodes 521 and 522 to a second ground electrode 523 by filtering noise due to the common component of the second measurement electrodes 521 and 522 via a DRL circuit, the second biological signal 524 is a signal whereby noise due to the common component of the electrical characteristics of the second measurement electrodes 521 and 522 is filtered).
Kim relates to an apparatus, a unit measurer, and a method of measuring a biological signal (¶3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chang to include a first front-stage filter, electrically connected to the first sensing electrode and configured to filter a noise from the first electrode signal; and a second front-stage filter, electrically connected to the second sensing electrode and configured to filter a noise of the second electrode signal of Kim in order for the biological signals of a subject to be more accurately measured (Kim, ¶85).
Regarding claim 6, the combination of Chang, Hwang, Yonce, and Kim teaches the physiological signal measuring device according to claim 5, wherein the calculator is disposed in the first front-stage filter (Kim, ¶51-the signal processing unit 222 may include an amplifier for signal processing, an analog-to-digital (A/D) converter, a calculator, a noise filter, and the like).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chang to include wherein the calculator is disposed in the first front-stage filter of Kim in order for the biological signals of a subject to be more accurately measured (Kim, ¶85).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Chang in view of Hwang and Yonce, and further in view of Kim as applied to claim 5 above, and further in view of Jung (US 20210177290 filed on 11/17/20).
Regarding claim 7, the combination of Chang, Hwang, Yonce, and Kim teaches the physiological signal measuring device according to claim 5. However, the combination of Chang, Hwang, Yonce, and Kim does not teach a first buffer, electrically connected to the first front-stage filter and configured to compensate an intensity of one of the first electrode signal and the physiological signal; and a second buffer, electrically connected to the second front-stage filter and configured to compensate an intensity of the second electrode signal.
Jung teaches a first buffer, electrically connected to the first front-stage filter and configured to compensate an intensity of one of the first electrode signal and the physiological signal (¶107-buffers individually connected to the output terminals of the first electrode 311 and the third electrode 313, low pass filters individually connected to the output terminals of the buffers, and current sources individually connected to the low pass filters; ¶112); and a second buffer, electrically connected to the second front-stage filter and configured to compensate an intensity of the second electrode signal (¶107-buffers individually connected to the output terminals of the first electrode 311 and the third electrode 313, low pass filters individually connected to the output terminals of the buffers, and current sources individually connected to the low pass filters; ¶112).
Jung relates to a method for processing biometric signals and an electronic device and storage medium for the same (¶2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chang to include a first buffer, electrically connected to the first front-stage filter and configured to compensate an intensity of one of the first electrode signal and the physiological signal; and a second buffer, electrically connected to the second front-stage filter and configured to compensate an intensity of the second electrode signal of Jung in order to prevent the cutoff frequencies of the low pass filters from being influenced by the impedance at each electrode (Jung, ¶134) and accurately and periodically measure the electrocardiogram (Jung, ¶5).
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Chang in view of Hwang, Yonce, and Kim, and further in view of Jung as applied to claim 7 above, and further in view of Gargiulo (WO 2014043739 filed on 9/6/13).
Regarding claim 8, the combination of Chang, Hwang, Yonce, Kim, and Jung teaches the physiological signal measurement device according to claim 7. However, the combination of Chang, Hwang, Yonce, Kim, and Jung does not explicitly teach a first post-stage filter, electrically connected to the first buffer and configured to filter out a noise received when at least one of the first electrode signal and the physiological signal is transmitted; and a second post-stage filter, electrically connected to the second buffer and configured to filter out a noise received when the second electrode signal is transmitted.
Gargiulo teaches a first post-stage filter, electrically connected to the first buffer and configured to filter out a noise received when at least one of the first electrode signal and the physiological signal is transmitted (page 2, lines 7-8-a buffer for buffering the sensed signal prior to feeding the sensed signal to the filter module and the amplifier; page 4, lines 2-3-a filter module 26 is connected to an output of the buffer 22; page 6, lines 14-15-a plurality of sensing electrodes 12 each with their own pre-amplifier stage 18); and a second post-stage filter, electrically connected to the second buffer and configured to filter out a noise received when the second electrode signal is transmitted (page 2, lines 7-8-a buffer for buffering the sensed signal prior to feeding the sensed signal to the filter module and the amplifier; page 4, lines 2-3-a filter module 26 is connected to an output of the buffer 22; page 6, lines 14-15-a plurality of sensing electrodes 12 each with their own pre-amplifier stage 18).
Gargiulo relates generally, to the measurement of physiological signals and, more particularly, to a system for, and a method of, measuring physiological signals (page 1, lines 9-11).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chang to include a first post-stage filter, electrically connected to the first buffer and configured to filter out a noise received when at least one of the first electrode signal and the physiological signal is transmitted; and a second post-stage filter, electrically connected to the second buffer and configured to filter out a noise received when the second electrode signal is transmitted of Gargiulo in order for improved noise attenuation (Gargiulo, page 2, line 14) and to detect more accurately a subject's heart condition due to the higher signal specificity from each of the electrodes (Gargiulo, page 8, lines 29-32).
Regarding claim 9, the combination of Chang, Hwang, Yonce, Kim, Jung, and Gargiulo teaches the physiological signal measuring device according to claim 8, wherein the calculator is disposed in the first post-stage filter (Kim, ¶51-the signal processing unit 222 may include an amplifier for signal processing, an analog-to-digital (A/D) converter, a calculator, a noise filter, and the like).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chang to include wherein the calculator is disposed in the first post-stage filter of Kim in order for the biological signals of a subject to be more accurately measured (Kim, ¶85).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WO 2020112871: relates to electrodes for electrocardiography (ECG) systems, electroencephalography (EEG) systems, electromyography (EMG) systems, electrooculography (EOG) systems and/or similar systems, which detect physiological electrical activity at locations on, within, or proximate to, an individual’s body (¶2).
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/L.N.H./Examiner, Art Unit 3792 /AMANDA L STEINBERG/Examiner, Art Unit 3792
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