Prosecution Insights
Last updated: October 02, 2026
Application No. 18/998,169

VITAL SIGN MONITORING DEVICE

Non-Final OA §103
Filed
Jan 24, 2025
Priority
Jul 25, 2022 — DE 10 2022 118 539.7 +1 more
Examiner
BYKHOVSKI, ALEXEI
Art Unit
3798
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Ams-osram AG
OA Round
1 (Non-Final)
77%
Grant Probability
Favorable
1-2
OA Rounds
1y 1m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
298 granted / 386 resolved
+7.2% vs TC avg
Strong +26% interview lift
Without
With
+25.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
24 currently pending
Career history
421
Total Applications
across all art units

Statute-Specific Performance

§101
6.7%
-33.3% vs TC avg
§103
51.2%
+11.2% vs TC avg
§102
13.2%
-26.8% vs TC avg
§112
25.1%
-14.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 386 resolved cases

Office Action

§103
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 Objections Claims 2, 8-9, and 12-15 are objected to because of the following informalities: In claim 2, line 3; claim 12, lines 5 and 7; and claims 14-15, lines 3, 6, 11, 14, 18, and the last line; the “photon” should read –photons–. In claim 8, line 5, and claims 14-15, line 9, “the same time” should read –a same time–. In claim 9, line 2, the “line” should read –lines–. In claim 12, line 3, the “at least a second single-photon source” should read –at least one second single- photon source–. In claim 13, line 3, “the output” should read –an output–. Appropriate correction is required. 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 1-8, 11, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Erkmen et al (US 20090290162), hereinafter Erkmen, in view of Qi et al (US20180279892), hereinafter Qi, and Englund et al (US20160234017), hereinafter Englund. Regarding claim 1, Erkmen teaches a device (Fig. 2), comprising: - a single-photon source (70) (“a "twin beam" non-classical light source 70… a stream of individually detectable biphotons” [0006]; “Q-OCT relies on SPDC to generate the entangled biphoton state” [0037]; Fig. 2), - a light out-coupling element (72) for coupling light out of the device (“in FIG. 2, the sample 56 again is shown for simplicity as being irradiated by a signal beam 72” [0005]), - a light in-coupling element (73) for coupling light in the device (“transmitting a beam 73 after interaction with the sample (the sample is being shown imaged in transmission), but it should be appreciated that sample imaging in Q-OCT generally is done in reflection.” [0005]), - a controllable delay element (58) to delay light within the device (“ the reference beam 74 is passed through a variable delay 58” [0006]; Fig. 2), - a first photon detector (84A), - a second photon detector (84B), - a Hong-Ou-Mandel interferometer (60)(82) (“the combined beams are detected via fourth-order interference using a Hong-Ou-Mandel (HOM) interferometer arrangement 82” [0006]; Fig. 2) having a first input being coupled to the controllable delay element (a bottom arrow from 58 to 60 in Fig. 2), a second input being coupled to the light in-coupling element (a top arrow from 56 to 60 in Fig. 2), a first output being coupled to the first photon detector (a top arrow from 60 to 84A in Fig. 2), and a second output being coupled to the second photon detector (a bottom arrow from 60 to 84B in Fig. 2). Erkmen does not teach that the device is a vital sign monitoring device, wherein the controllable delay element is configured to be adjusted for measuring a heartrate with the vital sign monitoring device; - a controllable beam splitter being configured to couple the single-photon source either to the light out-coupling element or to the controllable delay element. However, in the vital signal measurement systems field of endeavor, Qi discloses a device and method for measuring a vital signal which is analogous art. Qi teaches that the device is a vital sign monitoring device (“the detection of vital signs” [0077]. “The sensor may include one optical detector and two light sources.” [0079] Figs. 5 and 9-10), configured to be adjusted for measuring a heartrate with the vital sign monitoring device (“The input signals S.sub.1 and S.sub.2 may separately include light signals of vital sign information and noise information. After light travelling in a medium (for example, a living body), a detected light may carry information of the medium layer...Therefore, the PPG sensor may trace fluctuation signals formed by changes in intravascular volume, thereby obtaining information related to vital signs (including but not limited to a … heart rate, blood pressure,” [0076]; "the detection of vital signs is not limited to detection of a pulse wave, and may also include one or more combinations of the detection of blood pressure, blood oxygen saturation, heart rate variability, heart murmur" [0077]; Figs. 9-10). Therefore, based on Qi’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Erkmen to employ a vital sign monitoring device, configured to be adjusted for measuring a heartrate with the vital sign monitoring device, as taught by Qi, in order to facilitate obtaining information related to vital signs. In the combined invention of Erkmen and Qi, the controllable delay element is configured to be adjusted for measuring a heartrate with the vital sign monitoring device. Erkmen modified by Qi does not teach a controllable beam splitter being configured to couple the single-photon source either to the light out-coupling element or to the controllable delay element. However, in the quantum optics field of endeavor, Englund discloses quantum optical systems and methods, which is analogous art. Englund teaches a controllable beam splitter (“a 50:50 beam splitter or other variable beam splitter” [0052]) being configured to couple the single-photon source (105) either to the light out-coupling element (“Alice”) or to the controllable delay element (“Bob”) (“The photon pair source 105 can be, for example, a spontaneous parametric down conversion element, which can include a pump light source to generate pairs of entangled photons. Each photon of the photon pair can be directed to Alice and Bob, respectively, using conventional techniques. For example, the photon pair can be directed through a waveguide (including, e.g., an optical fiber or photonic crystal waveguide), and can be split using conventional optical elements, such as a 50:50 beam splitter or other variable beam splitter, such that one photon is sent to Alice 110 and one photon is sent to Bob 120.” [0052]; Fig. 2A). Therefore, based on Englund’s teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the combined invention of Erkmen and Qi to employ a controllable beam splitter that is configured to couple the single-photon source either to the light out-coupling element or to the controllable delay element, as taught by Englund, in order to facilitate sensing using quantum optics. Regarding claim 2, Erkmen modified by Qi and Englund teaches the vital sign monitoring device of claim 1, wherein Erkmen teaches that the single-photon source is configured to emit a pair of a first and second indistinguishable photons (“The Q-OCT implementation illustrated in FIG. 2 requires a "twin beam" non-classical light source 70, which at present is provided by the process of spontaneous parametric downconversion (SPDC). In particular, a parametric downconverter is employed to generate a signal beam 72 and a reference beam 74 having a joint-quantum state and a phase-sensitive correlation. In the low-flux limit, this non-classical Gaussian state becomes a stream of individually detectable biphotons, which is the required light source output for Q-OCT.” [0006]; Fig. 2). Regarding claim 3, Erkmen modified by Qi and Englund teaches the vital sign monitoring device of claim 2, wherein Erkmen teaches that the controllable delay element is configured to delay a transfer of the first photon between the controllable beam splitter and the first input of the Hong-Ou- Mandel interferometer (“After the signal beam 72 has interacted with the sample 56 and the reference beam 74 is passed through a variable delay 58, the resulting beams are combined on a 50/50 beam splitter 60.” [0006]; “the reference-arm delay that maximizes the interference signature” [0037]; Fig. 2). Regarding claim 4, Erkmen modified by Qi and Englund teaches the vital sign monitoring device of claim 2, wherein Erkmen teaches that the first photon detector is configured to detect the occurrence of the first photon and/or the second photon at the first output of the Hong-Ou-Mandel interferometer, - wherein the second photon detector is configured to detect the occurrence of the first photon and/or the second photon at the second output of the Hong-Ou-Mandel interferometer (“Q-OCT relies on SPDC to generate the entangled biphoton state, and Geiger-mode avalanche photodiodes 84A and 84B (see FIG. 2) to perform photon-coincidence counting,” [0037]; Fig. 2). Regarding claim 5, Erkmen modified by Qi and Englund teaches the vital sign monitoring device of claim 2, wherein Erkmen teaches a control circuit to control the controllable delay element (“The variable delay often is implemented with a moving mirror.” [0004]; “a function of the reference-arm delay T,” [0035]; “the reference-arm delay that maximizes the interference signature” [0037]; Fig. 2. A control circuit is required to control the controllable delay element, for example to move a moving mirror). Regarding claim 6, Erkmen modified by Qi and Englund teaches the vital sign monitoring device of claim 5, wherein Erkmen teaches that the control circuit is configured to control the controllable beam splitter such that the first photon emitted by the single-photon source is transferred to the controllable delay element, and the second photon is transferred to the light out- coupling element (“a parametric downconverter is employed to generate a signal beam 72 and a reference beam 74 having a joint-quantum state and a phase-sensitive correlation… After the signal beam 72 has interacted with the sample 56 and the reference beam 74 is passed through a variable delay 58, the resulting beams are combined on a 50/50 beam splitter 60.” [0006]; Fig. 2. A control circuit is required to control the controllable delay element, for example to move a moving mirror). Regarding claim 7, Erkmen modified by Qi and Englund teaches the vital sign monitoring device of claim 2, wherein Erkmen teaches that the control circuit is configured to control the controllable delay element by setting a delay time of the controllable delay element (“The variable delay often is implemented with a moving mirror.” [0004]; “a function of the reference-arm delay T,” [0035]; “the reference-arm delay that maximizes the interference signature” [0037]; Fig. 2. A control circuit is required to control the controllable delay element, for example to move a moving mirror thereby setting a delay time). Regarding claim 8, Erkmen modified by Qi and Englund teaches the vital sign monitoring device of claim 7, wherein Erkmen teaches that the control circuit is configured to set the delay time of the controllable delay element such that the first photon is received at the first input of the Hong-Ou- Mandel interferometer and the second photon is received at the second input of the Hong-Ou-Mandel interferometer at the same time (“The variable delay often is implemented with a moving mirror.” [0004]; “a parametric downconverter is employed to generate a signal beam 72 and a reference beam 74 having a joint-quantum state and a phase-sensitive correlation… After the signal beam 72 has interacted with the sample 56 and the reference beam 74 is passed through a variable delay 58, the resulting beams are combined on a 50/50 beam splitter 60… the combined beams are detected via fourth-order interference using a Hong-Ou-Mandel (HOM) interferometer arrangement 82 that is followed by post-detection image processing by the processor 68” [0006]; “a function of the reference-arm delay T,” [0035]; “the reference-arm delay that maximizes the interference signature” [0037]; Fig. 2. A control circuit is required to control the controllable delay element, to set the delay time as claimed). Regarding claim 11, Erkmen modified by Qi and Englund teaches the vital sign monitoring device of claim 2, wherein Erkmen teaches that the Hong-Ou-Mandel interferometer is configured to convert the first and second indistinguishable photons into two entangled photons at either the first or the second output of the Hong-Ou-Mandel interferometer, when the first photon arrives at the first input of the Hong-Ou-Mandel interferometer simultaneously with the second photon at the second input of the Hong-Ou-Mandel interferometer (“a parametric downconverter is employed to generate a signal beam 72 and a reference beam 74 having a joint-quantum state and a phase-sensitive correlation… After the signal beam 72 has interacted with the sample 56 and the reference beam 74 is passed through a variable delay 58, the resulting beams are combined on a 50/50 beam splitter 60… the combined beams are detected via fourth-order interference using a Hong-Ou-Mandel (HOM) interferometer arrangement 82 that is followed by post-detection image processing by the processor 68” [0006]. “The familiar biphoton HOM dip can be obtained theoretically--in a manner that is the natural quantum generalization of the classical Gaussian-state analysis employed herein--by taking the signal and reference beams to be in a zero-mean joint Gaussian state that is completely characterized by … the phase-sensitive cross-correlation” [0034]; Fig. 2). Regarding claim 13, Erkmen modified by Qi and Englund teaches the vital sign monitoring device of claim 1, wherein Erkmen teaches an evaluation circuit (68) to evaluate the output of the first and second photon detector, wherein the evaluation circuit is configured to determine a multiplication of an output signal of the first photon detector and an output signal of the second photon detector (“The familiar biphoton HOM dip” [0034]. The output signal paths are seen in Fig. 2 converging to determine a multiplication) and/or a sum of the output signal of the first photon detector and the output signal of the second photon detector (“the phase-sensitive signal-reference correlation cannot be measured with a Michelson interferometer; accordingly, as shown in FIG. 2, the combined beams are detected via fourth-order interference using a Hong-Ou-Mandel (HOM) interferometer arrangement 82 that is followed by post-detection image processing by the processor 68.” [0006]; “In Q-OCT, the sample is illuminated with E.sub.S(t) and then the field operator is applied for the reflected beam plus that for the reference beam to an HOM interferometer, as shown in FIG. 2. The familiar biphoton HOM dip can be obtained by taking the signal and reference beams to be in a zero-mean joint Gaussian state that is completely characterized by … the phase-sensitive cross-correlation” [0034]). Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Erkmen, Qi, and Englund as applied to claim 2, and further in view of Bechtel et al (US20230148885), hereinafter Bechtel. Regarding claim 12, Erkmen modified by Qi and Englund teaches the vital sign monitoring device of claim 2, wherein Erkmen teaches that the single-photon source (70) is configured to generate the pair of the first and second indistinguishable photon with a first wavelength (“a "twin beam" non-classical light source 70… a stream of individually detectable biphotons” [0006]; “Q-OCT relies on SPDC to generate the entangled biphoton state” [0037]; Fig. 2). Erkmen modified by Qi and Englund does not teach at least a second single-photon source, wherein the at least one second single- photon source is configured to generate another pair of the first and second indistinguishable photon with at least a second wavelength being different from the first wavelength. However, in the optical sensing field of endeavor, Bechtel discloses optical sensor module, which is analogous art. Bechtel teaches at least a second single-photon source, wherein the at least one second single- photon source with at least a second wavelength being different from the first wavelength (“the first light source is a laser having a first wavelength, the second light source is an LED operating at a second wavelength” [0018]). Therefore, based on Bechtel’ teachings, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combined invention of Erkmen, Qi, and Englund to employ at least one second photon source, wherein the at least one second photon source is configured to generate photons with at least a second wavelength being different from the first wavelength, as taught by Bechtel, in order to facilitate optical sensing. In the combined invention of Erkmen modified by Qi and Englund, and further by Bechtel, the at least one second single- photon source is configured to generate another pair of the first and second indistinguishable photon with at least a second wavelength, as claimed. Allowable Subject Matter Claims 9-10 and 14-15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXEI BYKHOVSKI whose telephone number is (571)270-1556. The examiner can normally be reached on Monday-Friday: 8:30am - 5:00pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pascal Bui Pho can be reached on 571-272-2714. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ALEXEI BYKHOVSKI/ Primary Examiner, Art Unit 3798
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Prosecution Timeline

Jan 24, 2025
Application Filed
Aug 04, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
77%
Grant Probability
99%
With Interview (+25.9%)
2y 9m (~1y 1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 386 resolved cases by this examiner. Grant probability derived from career allowance rate.

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