DETAILED ACTION
Claims 1-20 are hereby under examination.
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 statements (IDS) submitted on 01/13/2025, 04/07/2025, and 06/09/2026 are being considered by the examiner.
Claim Objections
Claim 19 is objected to because of the following informalities:
Regarding claim 19, lines 6-7 recite “an electronic device”, however it appears it should read --the electronic device-- (emphasis added).
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, 5, 6, 10-12, 16, 19, and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Peng et al. (US 20230355179 A1), hereinafter referred to as Peng.
The claims are generally directed towards an electronic device comprising: a first sensor; memory storing one or more computer programs; and one or more processors communicatively coupled to the first sensor and the memory, wherein the one or more computer programs include computer-executable instructions that, when executed by the one or more processors individually or collectively, cause the electronic device to: acquire a first biometric signal for measuring first biometric information of a user based on a first configuration value through the first sensor, acquire first data on the first biometric information measured based on the first biometric signal, determine whether re-measurement of the first biometric information is requested within a first time period, and acquire a second biometric signal for measuring the first biometric information based on a second configuration value different from the first configuration value through the first sensor based on the determination that the re-measurement of the first biometric information is requested within the first time period.
Regarding claim 1, Peng discloses an electronic device (Abstract, para. [0019]) comprising:
a first sensor (Fig. 1, element 112, element 114, para. [0019], “light source … PPG sensor”);
memory storing one or more computer programs (para. [0026], “microcontroller and non-transitory storage medium … stores an algorithm”); and
one or more processors communicatively coupled to the first sensor and the memory, wherein the one or more computer programs include computer-executable instructions that, when executed by the one or more processors individually or collectively (para. [0026], “microcontroller and non-transitory storage medium … stores an algorithm”), cause the electronic device to:
acquire a first biometric signal for measuring first biometric information of a user based on a first configuration value through the first sensor (para. [0019], “PPG sensor collects light reflected from the user’s fingertip after being emitted by the light source …”, para. [0021], “dynamically adjusting the intensity of light emitted by the light source … dynamically adjust the sampling rate of light emitted by the light source …” - the first configuration value being the first intensity of light and/or sampling rate),
acquire first data on the first biometric information measured based on the first biometric signal (para. [0032], “providing real-time feedback on the user’s physiological signals …”),
determine whether re-measurement of the first biometric information is requested within a first time period (para. [0023], “analysis module dynamically adjusts the intensity and sampling rate of the light source based on the contact pressure measured by the verification sensor … maintain high level of data quality and accuracy, even when the user’s fingertip positioning or contact pressure changes during the monitoring period …”), and
acquire a second biometric signal for measuring the first biometric information based on a second configuration value different from the first configuration value through the first sensor based on the determination that the re-measurement of the first biometric information is requested within the first time period (para. [0023], “analysis module dynamically adjusts the intensity and sampling rate of the light source based on the contact pressure measured by the verification sensor … optimize the intensity and sampling rate of the light source … adjustment of the light source intensity and sampling rate can be performed using feedback control algorithms”).
Regarding claim 2, Peng discloses the electronic device of claim 1, further comprising: a second sensor (Fig. 1, element 116, para. [0029-0030], “verification sensor … pressure sensor … capacitive or resistive fingertip sensor …”), wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors individually or collectively, cause the electronic device to: identify a measurement state of the first biometric information using the first sensor or the second sensor, and acquire the second biometric signal according to the identified measurement state (para. [0023], “analysis module dynamically adjusts the intensity and sampling rate of the light source based on the contact pressure measured by the verification sensor … optimize the intensity and sampling rate of the light source … adjustment of the light source intensity and sampling rate can be performed using feedback control algorithms”).
Regarding claim 5, Peng discloses the electronic device of claim 1, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors individually or collectively, cause the electronic device to stop transmission or reception of a wireless communication signal based on the determination that re-measurement of the first biometric information is requested within the first time period from a time point of acquiring the first data (para. [0022], “communicates with the PPG device through wireless technologies …”, para. [0023], “analysis module dynamically adjusts the intensity and sampling rate of the light source based on the contact pressure measured by the verification sensor …” - the initial intensity/sampling rate signal stops being transmitted when the adjusted intensity/sampling rate signal starts being transmitted due to the dynamic adjustment).
Regarding claim 6, Peng discloses the electronic device of claim 1, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors individually or collectively, cause the electronic device to: start re-measurement of the first biometric information of the user based on execution of a first application installed in the electronic device (para. [0022], “analysis module, within the application … applying various algorithms …”, para. [0023], “analysis module can optimize the intensity and sampling rate of the light … feedback control algorithms …”); and stop execution of at least one application among other applications installed in the electronic device when re-measurement of the first biometric information is started (para. [0022], “analysis module, within the application … applying various algorithms …”, para. [0023], “analysis module can optimize the intensity and sampling rate of the light … feedback control algorithms …” - the stopping execution of at least one application being a result of the stopping/changing of the intensity and/or sampling rate of the light).
Regarding claim 10, Peng discloses the electronic device of claim 1, further comprising; a display (Fig. 1, element 130, para. [0024], “display module …” para. [0026]), wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors individually or collectively, cause the electronic device to: determine whether measurement of second biometric information different from the first biometric information is requested within a second time period (para. [0021], “continuously adapting …”, para. [0023], “dynamically adjusts the intensity and sampling rate of the light source …”), and display a first measurement result for the first biometric information and a second measurement result for the second biometric information on the display, when measurement of the second biometric information is requested within the second time period (Fig. 2A, para. [0024], “providing the user with real-time feedback visualizations of their physiological signals …”).
Regarding claim 11, Peng discloses an operation method of an electronic device (Abstract, para. [0019]), the operation method comprising:
acquiring a first biometric signal for measuring first biometric information of a user based on a first configuration value through a first sensor included in the electronic device (Fig. 1, element 112, element 114, para. [0019], “PPG sensor collects light reflected from the user’s fingertip after being emitted by the light source …”, para. [0021], “dynamically adjusting the intensity of light emitted by the light source … dynamically adjust the sampling rate of light emitted by the light source …” - the first configuration value being the first intensity of light and/or sampling rate);
acquiring first data on the first biometric information measured based on the first biometric signal (para. [0032], “providing real-time feedback on the user’s physiological signals …”);
determining whether re-measurement of the first biometric information is requested within a first time period (para. [0023], “analysis module dynamically adjusts the intensity and sampling rate of the light source based on the contact pressure measured by the verification sensor … maintain high level of data quality and accuracy, even when the user’s fingertip positioning or contact pressure changes during the monitoring period …”); and
acquiring a second biometric signal for measuring the first biometric information based on a second configuration value different from the first configuration value through the first sensor based on the determination that the re-measurement of the first biometric information is requested within the first time period (para. [0023], “analysis module dynamically adjusts the intensity and sampling rate of the light source based on the contact pressure measured by the verification sensor … optimize the intensity and sampling rate of the light source … adjustment of the light source intensity and sampling rate can be performed using feedback control algorithms”).
Regarding claim 12, Peng discloses the operation method of claim 11, further comprising; identifying a measurement state of the first biometric information using a second sensor included in the electronic device; and acquiring the second biometric signal according to a result of the identified measurement state (Fig. 1, element 116, para. [0023], “analysis module dynamically adjusts the intensity and sampling rate of the light source based on the contact pressure measured by the verification sensor … optimize the intensity and sampling rate of the light source … adjustment of the light source intensity and sampling rate can be performed using feedback control algorithms”, para. [0029-0030], “verification sensor … pressure sensor … capacitive or resistive fingertip sensor …”).
Regarding claim 16, Peng discloses the operation method of claim 11, further comprising: starting re-measurement of the first biometric information of the user based on execution of a first application installed in the electronic device (para. [0022], “analysis module, within the application … applying various algorithms …”, para. [0023], “analysis module can optimize the intensity and sampling rate of the light … feedback control algorithms …”); and stopping execution of at least one application among other applications installed in the electronic device when re-measurement of the first biometric information is started (para. [0022], “analysis module, within the application … applying various algorithms …”, para. [0023], “analysis module can optimize the intensity and sampling rate of the light … feedback control algorithms …” - the stopping execution of at least one application being a result of the stopping/changing of the intensity and/or sampling rate of the light).
Regarding claim 19, Peng discloses one or more non-transitory computer-readable storage media storing one or more computer programs including computer-executable instructions that, when executed by one or more processors of an electronic device individually or collectively, cause the electronic device to perform operations (para. [0019], para. [0026], “microcontroller and non-transitory storage medium … stores an algorithm”), the operations comprising:
acquiring a first biometric signal for measuring first biometric information of a user based on a first configuration value through a first sensor included in an electronic device (para. [0019], “PPG sensor collects light reflected from the user’s fingertip after being emitted by the light source …”, para. [0021], “dynamically adjusting the intensity of light emitted by the light source … dynamically adjust the sampling rate of light emitted by the light source …” - the first configuration value being the first intensity of light and/or sampling rate);
acquiring first data on the first biometric information measured based on the first biometric signal (para. [0032], “providing real-time feedback on the user’s physiological signals …”);
determining whether re-measurement of the first biometric information is requested within a first time period (para. [0023], “analysis module dynamically adjusts the intensity and sampling rate of the light source based on the contact pressure measured by the verification sensor … maintain high level of data quality and accuracy, even when the user’s fingertip positioning or contact pressure changes during the monitoring period …”); and
acquiring a second biometric signal for measuring the first biometric information based on a second configuration value different from the first configuration value through the first sensor based on the determination that the re-measurement of the first biometric information is requested within the first time period (para. [0023], “analysis module dynamically adjusts the intensity and sampling rate of the light source based on the contact pressure measured by the verification sensor … optimize the intensity and sampling rate of the light source … adjustment of the light source intensity and sampling rate can be performed using feedback control algorithms”).
Regarding claim 20, Peng discloses the one or more non-transitory computer-readable storage media of claim 19, the operations further comprising: identifying a measurement state of the first biometric information using a second sensor included in the electronic device; and acquiring the second biometric signal according to a result of the identified measurement state (Fig. 1, element 116, para. [0029-0030], “verification sensor … pressure sensor … capacitive or resistive fingertip sensor …”, para. [0023], “analysis module dynamically adjusts the intensity and sampling rate of the light source based on the contact pressure measured by the verification sensor … optimize the intensity and sampling rate of the light source … adjustment of the light source intensity and sampling rate can be performed using feedback control algorithms”).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 3, 4, and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Peng et al. (US 20230355179 A1), hereinafter referred to as Peng as applied to claim 2 and 12 above, and further in view of Manabu Ishida (US 20200107736 A1), hereinafter referred to as Ishida.
Regarding claim 3, Peng discloses the electronic device of claim 2.
However, Peng does not explicitly disclose wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors individually or collectively, cause the electronic device to: identify a contact state of the user's skin with the electronic device using the first sensor; and prevent the acquisition of the second biometric signal when the contact state of the user's skin does not satisfy a predetermined condition.
Ishida teaches an analogous electronic device comprising a first sensor (Abstract, para. [0005], para. [0027-0028]) and acquiring biometric signals for measuring biometric information of a user (para. [0059-0060]). Ishida further teaches identifying a contact state of the user’s skin with the electronic device using the first sensor; and preventing the acquisition of a biometric signal when the contact state of the user’s skin does not satisfy a predetermined condition (Fig. 5, para. [0034], para. [0056-0057]). 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 electronic device disclosed by Peng to additionally identify a contact state of the user's skin with the electronic device using the first sensor; and prevent the acquisition of the second biometric signal when the contact state of the user's skin does not satisfy a predetermined condition, as taught by Ishida. This is because Ishida teaches utilizing the sensor to determine a contact force allows for accurate detection of blood flow rates (para. [0021]), and would further be a simple substitution of one known contact force determination method for another, for obtaining the predictable results of determining if a user’s finger is sufficiently pressed against a sensor.
Regarding claim 4, modified Peng discloses the electronic device of claim 3, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors individually or collectively, cause the electronic device to: identify a movement of the electronic device using the second sensor (para. [0031], “properly positioned …”); and prevent the acquisition of the second biometric signal when the movement of the electronic device does not satisfy a predetermined condition (Fig. 3A, para. [0031], “not correctly positioned … insufficient or unstable contact area … provides instructions to the user for repositioning”).
Regarding claim 13, Peng discloses the operation method of claim 12.
However, Peng does not explicitly disclose the method further comprises: identifying a contact state of the user's skin with the electronic device using the first sensor; and preventing the second biometric signal from being acquired when the contact state of the user's skin does not satisfy a predetermined condition.
Ishida teaches an analogous method comprising a first sensor (Abstract, para. [0005], para. [0027-0028]) and acquiring biometric signals for measuring biometric information of a user (para. [0059-0060]). Ishida further teaches identifying a contact state of the user's skin with the electronic device using the first sensor; and preventing the second biometric signal from being acquired when the contact state of the user's skin does not satisfy a predetermined condition (Fig. 5, para. [0034], para. [0056-0057]). 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 method disclosed by Peng to additionally identify a contact state of the user's skin with the electronic device using the first sensor; and prevent the acquisition of the second biometric signal when the contact state of the user's skin does not satisfy a predetermined condition, as taught by Ishida. This is because Ishida teaches utilizing the sensor to determine a contact force allows for accurate detection of blood flow rates (para. [0021]), and would further be a simple substitution of one known contact force determination method for another, for obtaining the predictable results of determining if a user’s finger is sufficiently pressed against a sensor.
Regarding claim 14, modified Peng discloses the operation method of claim 13, further comprising: identifying a movement of the electronic device using the second sensor (para. [0031], “properly positioned …”); and preventing the second biometric signal from being acquired when the movement of the electronic device does not satisfy the predetermined condition (Fig. 3A, para. [0031], “not correctly positioned … insufficient or unstable contact area … provides instructions to the user for repositioning”).
Regarding claim 15, modified Peng discloses the operation method of claim 14, further comprising stopping transmission or reception of a wireless communication signal based on the determination that re-measurement of the first biometric information is requested within the first time period from a time point of acquiring the first data (para. [0022], “communicates with the PPG device through wireless technologies …”, para. [0023], “analysis module dynamically adjusts the intensity and sampling rate of the light source based on the contact pressure measured by the verification sensor …” - the initial intensity/sampling rate signal stops being transmitted when the adjusted intensity/sampling rate signal starts being transmitted due to the dynamic adjustment).
Claims 7-9, 17, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Peng et al. (US 20230355179 A1), hereinafter referred to as Peng as applied to claim 2 and 12 above, and further in view of Braig et al. (US 20030108976 A1), hereinafter referred to as Braig.
Regarding claim 7, Peng discloses the electronic device of claim 2.
However, Peng does not explicitly disclose wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors individually or collectively, cause the electronic device to acquire the second biometric signal for a longer time period than a time period of acquiring the first biometric signal, as at least a part of the operation of acquiring of the second biometric signal based on the second configuration value.
Braig teaches an analogous electronic device comprising a sensor and acquiring biometric signals for measuring biometric information of a user through the sensor (Abstract, para. [0075-0078]). Braig further teaches acquiring biometric signals for a longer time period (para. [0250]). 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 electronic device disclosed by Peng to additionally cause the electronic device to acquire the second biometric signal for a longer time period than a time period of acquiring the first biometric signal, as at least a part of the operation of acquiring of the second biometric signal based on the second configuration value, as taught by Braig. This is because Braig teaches increasing sample times allows for an error band to be reduced, resulting in more accurate detection (para. [0250]).
Regarding claim 8, modified Peng discloses the electronic device of claim 7, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors individually or collectively, cause the electronic device to operate the first sensor at a driving frequency greater than a driving frequency of the first sensor for acquiring the first biometric signal, as at least a part of the operation of acquiring the second biometric signal based on the second configuration value (para. [0023], “dynamically adjusts the intensity and sampling rate of the light source …”).
Regarding claim 9, modified Peng discloses the electronic device of claim 8, wherein the one or more computer programs further include computer-executable instructions that, when executed by the one or more processors individually or collectively, cause the electronic device to acquire the second biometric signal using light output with an intensity greater than an intensity of light output from the first sensor used to acquire the first biometric signal, as at least a part of the operation of acquiring the second biometric signal based on the second configuration value (para. [0023], “dynamically adjusts the intensity and sampling rate of the light source …”).
Regarding claim 17, Peng discloses the operation method of claim 12.
However, Peng does not explicitly disclose wherein the acquiring of the second biometric signal based on the second configuration value comprises acquiring the second biometric signal for a longer time period than a time period of acquiring the first biometric signal.
Braig teaches an analogous method comprising a sensor and acquiring biometric signals for measuring biometric information of a user through the sensor (Abstract, para. [0075-0078]). Braig further teaches acquiring biometric signals for a longer time period (para. [0250]). 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 method disclosed by Peng to additionally cause the electronic device to acquire the second biometric signal for a longer time period than a time period of acquiring the first biometric signal, as at least a part of the operation of acquiring of the second biometric signal based on the second configuration value, as taught by Braig. This is because Braig teaches increasing sample times allows for an error band to be reduced, resulting in more accurate detection (para. [0250]).
Regarding claim 18, modified Peng discloses the operation method of claim 17, wherein the acquiring of the second biometric signal based on the second configuration value further comprises operating the first sensor at a driving frequency greater than a driving frequency of the first sensor for acquiring the first biometric signal (para. [0023], “dynamically adjusts the intensity and sampling rate of the light source …”).
Conclusion
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/K.W.K./Examiner, Art Unit 3791
/RENE T TOWA/Primary Examiner, Art Unit 3791
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