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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim(s) 1-20 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over Claim(s) 1-11 & 13-21 of U.S. Patent No. 12,263,008 B2.
In order to make a double patenting determination, it first must be determined whether there are any differences between the rejected claims and the patented claims and, if so, whether those differences render the claims patentably distinct.
Rejected Claim 1: A method for assessing sleep of a person [to diagnose sleep] (Line 1 of patented Claim 1) comprising:
generating, with an optical sensor [an optical sensor] (Line 4 of Patented Claim 1), a measure of light reflected from tissue [measure a blood volume pulse of the patient] (Line 4-5 of Patented Claim 1) of the person [attached to a patient] (Line 2 of Patented Claim 1), the tissue containing a variable volume of blood [blood volume pulse of the patient] (Line 4-5 of Patented Claim 1);
transmitting [transmit data] (Line 7 of Patented Claim 1), by wireless communications using a wireless communication interface [a wireless communication interface] (Line 6-7 of Patented Claim 1), data representing the measure of reflected light [data representing the measured blood volume pulse] (Line 7-8 of Patented Claim 1); and
deriving a sleep information signal by processing [derive, by processing the data] (Line 7-8 of Patented Claim 1), with one or more processors [one or more processors] (Line 9-10 of Patented Claim 1), the data representing the measure of light [data representing the measured blood volume pulse] (Line 7-8 of Patented Claim 1), by determining an upper envelope based on the data representing the measure of light and [determining an upper envelope of the measured blood volume pulse and] (Line 17-18 of Patented Claim 1) a lower envelope based on the data representing the measure of light [a lower envelope of the measured blood volume pulse] (Line 18-19 of Patented Claim 1),
wherein the upper envelope is a smoothed curve connecting data peaks that are based on the data representing the measure of light and [wherein the upper envelope is a smoothed curve connecting peaks of the measured blood volume pulse and] (Line 19-20 of Patented Claim 1) the lower envelope is a smoothed curve connecting data troughs that are based on the data representing the measure of light [the lower envelope is a smoothed curve connecting troughs of the measured blood volume pulse] (Line 18-19 of Patented Claim 1), and
generating the sleep information signal as a function of the upper envelope and the lower envelope [calculating the signal that represents peripheral arterial tone based on a difference between the upper envelope and the lower envelope] (Line 24-26 of Patented Claim 1);
determining, with one or more processors [one or more processors] (Line 7-8 of Patented Claim 1), one or more occurrences of sleep events from changes in the sleep information signal [determine occurrences of sleep events from changes in the derived peripheral arterial tone signal] (Line 27-28 of Patented Claim 1); and
generating output [wirelessly transmitted data] (Line 11 of Patented Claim 1), with the one or more processors [one or more processors] (Line 7-8 of Patented Claim 1), comprising sleep assessment information [diagnose the sleep of the patient] (Line 29 of Patented Claim 1) to a display [mobile communication device] (Line 2 of Patented Claim 9) using the determined occurrences of sleep events [based on the determined occurrences of sleep events] (Line 30 of Patented Claim 1).
The difference between Rejected Claim 1 and Patented Claim 1 of the patent lies in the fact that the patent claim includes many more elements in some respects and adds obvious features in other respects. For example, the Patented Claims included specific details to the display and is thus, in that respect, more specific. In regard to those respects, the invention of Rejected Claim is in effect a “species” of the “generic” invention of Patented Claims 1. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since Rejected Claim 1 is anticipated by Patented Claim 1, Rejected Claim 1 is not patentably distinct from Patented Claim 1.
A similar analysis applies to the following:
Rejected Claim 2 and Patented Claim 2
Rejected Claim 3 and Patented Claim 5
Rejected Claim 4 and Patented Claim 6
Rejected Claim 5 and Patented Claim 7
Rejected Claim 6 and Patented Claim 3
Rejected Claim 7 and Patented Claim 4
Rejected Claim 8 and Patented Claim 9
Rejected Claim 9 and Patented Claim 10
Rejected Claim 10 and Patented Claim 11
Rejected Claim 11 and Patented Claim 8
Rejected Claim 12 and Patented Claim 14
Rejected Claim 13 and Patented Claim 15
Rejected Claim 14 and Patented Claim 16
Rejected Claim 15 and Patented Claim 17
Rejected Claim 16 and Patented Claim 18
Rejected Claim 17 and Patented Claim 19
Rejected Claim 18 and Patented Claim 20
Rejected Claim 19 and Patented Claim 21
Rejected Claim 20 and Patented Claim 1 & 13
Thus, Rejected Claims 1-20 is anticipated by Patented Claims 1-13 & 16-19, it is not patentably distinct from Patented Claims 1-13 & 16-19.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 7 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claim 7
Claim 7 recite, “the optical sensor is configured for a warparound to attach the optical sensor”. This claim term is indefinite as it is unclear as to what is being attached to what and how the optical sensor is being configured. The claim limitation is configured for the optical sensor to be configured to attach to itself. Clarification 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.
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.
Claim(s) 1-10, 12-15 & 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goor et al. (U.S. Patent 6,322,515 B1) and in view of Ohsaki et al. (U.S. Patent Application 2002/0029000 A1).
Claim 1: Goor teaches –
A method for assessing sleep of a person [method and apparatus can be used for monitoring various sleeping conditions of a subject, particularly the rapid eye movement (REM) sleep stage and sleep apnea syndrome (SAS), as well as nocturnal myocardial ischemia] (Col. 27, Line 38-43 and Figure 11) comprising:
Examiner’s Note: The rejection above relies on embodiment of Figure 11. Citing embodiments of from Figures 1-7 is not improperly switching embodiments as Goor discloses the relationship between Figure 11 and Figures 1-7 as the embodiments share many corresponding parts (Col. 23, Line 59-64).
generating, with an optical sensor [light source 100] [light receiver 101] (Col. 24, Line 2-3 and Figure 11, Element 100 & 101), a measure of light reflected [will be detected as changes in optical density by the light receiver 101] (Col. 24, Line 5-6) from tissue of the person [in the finger] (Col. 24, Line 3-4), the tissue containing a variable volume of blood [pulsatile blood volume changes] (Col. 24, Line 3-4);
Examiner’s Note: Pulsatile blood volume is interpreted as a measure of reflected light.
transmitting, by wireless communications using a wireless communications interface [wireless transmission] (Col. 31, Line 35-36), data representing the measure of reflected light [output their measurements via a wired or wireless transmission] (Col. 31, Line 35-36); and
Examiner’s Note: The rejection above relies on embodiment of Figure 11. Citing embodiments of from Figure 23 is not improperly switching embodiments as Goor discloses the relationship between Figure 11 and Figure 23 as the embodiments corresponding parts are interchangeable (Col. 30, Line 53-56). Additionally, it is understood that the wireless transmission of the transducers of Figure 23 can apply respectively to the optical sensors of Figure 11 (Col. 30, Line 53-56).
deriving a sleep information signal by processing [IschemoGraph] (Figure 12), with one or more processors (Figure 23, Element 23), the data representing the measure of light [The output corresponds to pulsatile arterial volume changes, i.e., changes in the trough to peak amplitude of the signal correspond to changes in the arterial volume] (Col. 24, Line 49-52),
determining, with one or more processors (Figure 23, Element 23), one or more occurrences of sleep events [Episodes of sleep apnea were also recorded by the inventive Ischemograph] (Col. 27, Line 57-58) from changes in the sleep information signal [signal from the IschemoGraph (labeled ISCH) shows a repeated characteristic pattern of cyclic increases and decreases] (Col. 28, Line 13-15); and
generating output [output signal] (Col. 28, Line 12-16), with one or more processors (Figure 23, Element 23), comprising sleep assessment information to a display [one or both measurements can be displayed on the monitor 24 (such as a CRT or an LCD)] (Col. 22, Line 15-16) using the determined occurrences of sleep events [with each episode of apnea, the output signal from the IschemoGraph (labeled ISCH) shows a repeated characteristic pattern of cyclic increases and decreases, following the time-course of oxygen saturation (SaO2)] (Col. 28, Line 12-16).
Goor fails to teach envelopes as claimed. However, Ohsaki teaches teaches –
by determining an upper envelope based on the data representing the measure of light [One envelope A is obtained by connecting the tops of the pulse waves] (Para 0033) and a lower envelope based on the data representing the measure of light [while the other envelope B is obtained by connecting the bottoms of the pulse waves] (Para 0033),
wherein the upper envelope is a smoothed curve connecting data peaks that are based on the data representing the measure of light and the lower envelope is a smoothed curve connecting data troughs that are based on the data representing the measure of light (See Figure 3), and
generating sleep information signal as a function of the upper envelope and the lower envelope [the characteristics of the envelope A, B is detected…A statistical index such as the average, maximum value, minimum value, variance, deviation or the like is employed for representing the characteristics of the envelope A, B over an interval. The employed index is calculated…the sleep condition of the patient is detected based on the fluctuation of the calculated index] (Para 0034) in order for accurately detecting the sleep condition of a patient at home without executing complicated calculation and without being affected by noise due to the movement of the patient's body (Para 0009)
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 of Goor with the envelopes processing as taught by Ohsaki in order for accurately detecting the sleep condition of a patient at home without executing complicated calculation and without being affected by noise due to the movement of the patient's body (Para 0009).
Claim 2/1: Goor teaches wherein the optical sensor (Figure 11, Element 100 & 101) is configured to be attached to a portion of skin of the person [patient's skin] (Col. 11, Line 16).
Claim 3/1: Goor teaches wherein the optical sensor is configured to be attached to a toe [patient's finger or toe] (Col. 11, Line 17).
Claim 4/1: Goor teaches wherein the determined one or more occurrences of a sleep event comprises one or more of a sleep disordered breathing events [apnea] (Col. 28, Line 11-15).
Claim 5/1: Goor teaches wherein the optical sensor is a reflectance based optical sensor [reflectivity of the outer end of the finger] (Col. 23, Line 44-45) comprising a light emitter [light source 100] (Col. 24, Line 2-3 and Figure 11, Element 100) and a light sensor [light receiver 101] (Col. 24, Line 2-3 and Figure 11, Element 101).
Claim 6/2/1: Goor teaches wherein the optical sensor further comprises an adhesive [adhesive material 91 is provided] (Col. 18, Line 45-47 and Figure 6b, Element 91 & 90) for attaching the optical sensor to the skin of the patient [further assist in preventive movement of the finger probe with respect to the finger] (Col. 18, Line 47-49).
Claim 7/2/1: Goor teaches wherein the optical sensor is configured for a wraparound [membrane] (Figure 11, Element 4) to attach the optical sensor against the skin of the person [patient's skin] (Col. 11, Line 16).
Claim 8/1: Goor teaches wherein the transmitting comprises communications involving a mobile communication device [output their measurements via a wired or wireless transmission] (Col. 31, Line 35-36), wherein the mobile communication device comprises a processor of the one or more processors (Figure 9, Element 23) and wherein the mobile communication device is configured to receive the wirelessly [The outputs of the two transducers 21 and 14 are converted to digital form by A/D converter 22 and are applied to CPU 23 for processing.] (Col. 31, Line 36-40) transmitted data representing the measure of light [pulsatile blood volume changes] (Col. 24, Line 3-4).
Examiner’s Note: The prior art teaches wireless transmission between the transducer (optical sensor; Col. 30, Line 53-56) and the processor. In order for wireless transmission to occur, there needs to be a transmitter and receiver. The Examiner is interpreting Elements 21 and 14 (transducers/optical sensors) as the wireless communication interface for transmitting and Elements 22 (A/D converter), 23 (CPU) and 24 (monitor) as the mobile communication device. The Examiner further contends that the claim term, mobile, is relative as a desktop computer can be pick up and move to another location.
Claim 9/8/1: Goor teaches wherein the mobile communication device [output their measurements via a wired or wireless transmission] (Col. 31, Line 35-36) comprises a processor of the one or more processors (Figure 9, Element 23) and the mobile communication device processor performs the determination (Figure 9, Element 23) of the occurrences of sleep events [Episodes of sleep apnea were also recorded by the inventive Ischemograph] (Col. 27, Line 57-58) [with each episode of apnea, the output signal from the IschemoGraph (labeled ISCH) shows a repeated characteristic pattern of cyclic increases and decreases] (Col. 28, Line 11-15) [REM episodes were depicted by the inventive apparatus characterized by reduction in the peak to trough amplitude of the pulse waves] (Col. 27, Line 47-49).
Claim 10/8/1: Goor teaches further comprising further transmitting, from the mobile communication device, the data representing the measure of light [output their measurements via a wired or wireless transmission] (Col. 31, Line 35-36) to a remote server system [output their measurements via a wired or wireless transmission] (Col. 31, Line 35-36) capable of performing the determination of the occurrences of sleep events at the remote server system.
Examiner’s Note: The claim limitation, wirelessly transmit…to a remote service, is being interpreted as reading on the disclosure of Goor. Goor teaches wirelessly transmitting the data to a processor. The nature of wirelessly transmitting the data to a processor would mean that the processor is providing a remote service.
Claim 12/1: Goor teaches wherein, the determining of the occurrences of sleep events, comprises detecting a temporal proximity of a plurality of events [to measure directly changes (as a function of time) in volume of the subject's finger] (Col. 32, Line 26-27), the plurality of events comprising first and second changes in the sleep information signal [detecting peripheral vasoconstriction, the observer would be interested in relative changes of the amplitude of the trough to peak values] (Col. 22, Line 31-33) [the peak to trough size (amplitude) of the pulse waves picked up by the apparatus may decline to an almost straight line, indicating the body's response to a physiological event] (Col. 14, Line 45-47) [transient attenuation of PAT signal and tachycardia, usually of a periodic nature, were clearly seen with each apneic event] (Col. 36, Line 7-9).
Examiner’s Note: The Examiner contends that the first and second change each correspond to specific apneic event. In other words, the first change is the first apneic event and the second change is the second apneic event as Goor teaches detecting each apneic event (Col. 36, Line 7-9).
Claim 13/12/1: Goor teaches wherein at least one of the first and second changes comprises amplitude decreases [the peak to trough size (amplitude) of the pulse waves picked up by the apparatus may decline to an almost straight line, indicating the body's response to a physiological event] (Col. 14, Line 45-47).
Claim 14/12/1: Goor teaches wherein the second change comprises a subsequent corresponding change to the first change [the peak to trough size (amplitude) of the pulse waves picked up by the apparatus may decline to an almost straight line, indicating the body's response to a physiological event] (Col. 14, Line 45-47).
Examiner’s Note: The Examiner contends that the first and second change each correspond to specific apneic event. In other words, the first change is the first apneic event and the second change is the second apneic event as Goor teaches detecting each apneic event (Col. 36, Line 7-9).
Claim 15/12/1: Goor teaches wherein the first change and the second change comprise amplitude decreases [the peak to trough size (amplitude) of the pulse waves picked up by the apparatus may decline to an almost straight line, indicating the body's response to a physiological event] (Col. 12, Line 45-47).
Claim 20: Goor teaches –
A computer readable medium comprising processor control instructions [processing system for controlling the measurement process and collecting and processing the signals of the finger probe] (Col. 14, Line 66 – Col. 15, Line 1), which when executed by one or more processors (Col. 27, Line 47-50 and Figure 9, Element 23), assess sleep of a person [method and apparatus can be used for monitoring various sleeping conditions of a subject, particularly the rapid eye movement (REM) sleep stage and sleep apnea syndrome (SAS), as well as nocturnal myocardial ischemia] (Col. 27, Line 38-43 and Figure 11), the processor control instructions comprising:
Examiner’s Note: The computer program code would be inherent for the processor in order to perform the controlling/processing steps as disclosed.
accessing (Figure 23, Element 23) data representing a measure of light [The output corresponds to pulsatile arterial volume changes, i.e., changes in the trough to peak amplitude of the signal correspond to changes in the arterial volume] (Col. 24, Line 49-52),
wherein the data representing the measure of light comprises a measure of light reflected [will be detected as changes in optical density by the light receiver 101] (Col. 24, Line 5-6) from tissue of the person [in the finger] (Col. 24, Line 3-4) and
generated with an optical sensor [light source 100] [light receiver 101] (Col. 24, Line 2-3 and Figure 11, Element 100 & 101),
the tissue containing a variable volume of blood [pulsatile blood volume changes] (Col. 24, Line 3-4),
wherein the data representing the measure of light is data communicated by a wireless transmission [wireless transmission] (Col. 31, Line 35-36) using a wireless communication interface [output their measurements via a wired or wireless transmission] (Col. 31, Line 35-36);
determining one or more occurrences of sleep events [Episodes of sleep apnea were also recorded by the inventive Ischemograph] (Col. 27, Line 57-58) from changes in the sleep information signal [signal from the IschemoGraph (labeled ISCH) shows a repeated characteristic pattern of cyclic increases and decreases] (Col. 28, Line 13-15); and
generating output [output signal] (Col. 28, Line 12-16), with the one or more processors (Figure 23, Element 23), comprising sleep assessment information to a display [one or both measurements can be displayed on the monitor 24 (such as a CRT or an LCD)] (Col. 22, Line 15-16) using the determined occurrences of sleep events [with each episode of apnea, the output signal from the IschemoGraph (labeled ISCH) shows a repeated characteristic pattern of cyclic increases and decreases, following the time-course of oxygen saturation (SaO2)] (Col. 28, Line 12-16).
Goor fails to teach envelopes as claimed. However, Ohsaki teaches teaches –
determining an upper envelope [One envelope A is obtained by connecting the tops of the pulse waves] (Para 0033), the upper envelope being a smoothed curve connecting data peaks that are based on the data representing the measure of light (See Figure 3);
determining a lower envelope [while the other envelope B is obtained by connecting the bottoms of the pulse waves] (Para 0033), the lower envelope being a smoothed curve connecting data troughs that are based on the data representing the measure of light (See Figure 3);
generating the sleep information signal as a function of the upper envelope and the lower envelope [the characteristics of the envelope A, B is detected…A statistical index such as the average, maximum value, minimum value, variance, deviation or the like is employed for representing the characteristics of the envelope A, B over an interval. The employed index is calculated…the sleep condition of the patient is detected based on the fluctuation of the calculated index] (Para 0034) in order for accurately detecting the sleep condition of a patient at home without executing complicated calculation and without being affected by noise due to the movement of the patient's body (Para 0009)
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 of Goor with the envelopes processing as taught by Ohsaki in order for accurately detecting the sleep condition of a patient at home without executing complicated calculation and without being affected by noise due to the movement of the patient's body (Para 0009)
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goor et al. (U.S. Patent 6,319,205 B1) and Ohsaki et al. (U.S. Patent Application 2002/0029000 A1) and further in view of Hiroyuki et al. (JP 2004220834 A; enclosed in parent application).
Claim 11/5/1: Goor teaches calibrating (Col. 30, Line 60). Goor and Ohsaki fail to teach calibrating the lights.
However, Hiroyuki teaches further comprising with control circuitry calibrating the optical sensor by gradually increase the light output of the light emitter [relationship between the applied current value and the received light intensity] (Para 0040) [applied current value is gradually increased] (Para 0045 & 0005); measure the gradually increased light by the light sensor [determined whether the amount of received light is saturated] (Para 0045); and when the light sensor is saturated by the gradually increased light [when the light amount is saturated] (Para 0046), configure the light output of the light emitter below the saturation point of the light sensor [when the applied current value has not reached the maximum value] thereby calibrating the optical sensor (Para 0044-0047) in order to provide a correction method of a lighting device for quickly carrying out the correction (Abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to change the operations of the device of Goor and Ohsaki to add the calibration step as taught by Hiroyuki in order to provide a correction method of a lighting device for quickly carrying out the correction (Abstract of Hiroyuki).
Claim(s) 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goor et al. (U.S. Patent 6,319,205 B1) and Ohsaki et al. (U.S. Patent Application 2002/0029000 A1) and further in view of Sannholm et al. (U.S. Patent Application 2016/0213309 A1).
Claim 16/1: Goor teaches wireless communication interface [output their measurements via a wired or wireless transmission] (Col. 31, Line 35-36) is configured in a housing [rigid tubular casing] (Figure 11, Element 3) and is configured to transmit data [these measurements can be transmitted for display at a remote location, such as a nursing monitoring station] (Col. 22, Line 17-19) representing the measured blood volume pulse [pulsatile blood volume changes] (Col. 24, Line 3-4). Goor and Ohsaki fail to teach according to a Near Field Communication protocol or a Bluetooth protocol. However, Sannholm teaches a Bluetooth protocol (Para 0068) in order to have a communication connection between the device and the mobile terminal (Para 0068)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to change the operation of the device of Goor and Ohsaki to add the Bluetooth as taught by Sannholm in order to have a communication connection between the device and the mobile terminal (Para 0068 of Sannholm).
Claim 17/16/1: Goor teaches wherein the housing is configured to be wearable on the person [patient's finger or toe] (Col. 11, Line 17).
Claim(s) 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goor et al. (U.S. Patent 6,319,205 B1); Ohsaki et al. (U.S. Patent Application 2002/0029000 A1) and Sannholm et al. (U.S. Patent Application 2016/0213309 A1) as applied above to Claims 16-17, and further in view of Westbrook et al. (U.S. Patent Application 2010/0240982 A1).
Claim 18/17/16/1: Goor and Ohsaki fail to teach battery powered. However, Westbrook teaches wherein the wireless communication interface [wireless transmitter/receiver] (Figure 3, Element 377) and the optical sensor [reflectance sensor] (Para 0044 & 0048) are powered by a battery (Para 0043) within the housing (Figure 2A, Element 210) in order to the device to be more convenient and comfortable for the user over the device being tethered to an external power cord (Para 0043)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the battery of Westbrook to the device of Goor and Ohsaki in order to the device to be more convenient and comfortable for the user over the device being tethered to an external power cord (Para 0043 of Westbrook).
Claim 19/17/16/1: Goor teaches wherein the wireless communication interface [output their measurements via a wired or wireless transmission] (Col. 27, Line 46-47) and the optical sensor [light source 100 light] [receiver 101] (Col. 24, Line 2-3; Figure 11, Element 100 & 101) are within the housing [rigid tubular casing] (Figure 11, Element 3), and the housing is configured to be wearable on a fingertip of the person [patient's finger or toe] (Col. 11, Line 17).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Parfenova et al. (U.S. Patent Application 2014/0128697 A1) – Parfenova teaches a sleep apnea diagnostic system includes a housing that is configured to be attached to near the nose of a patient's face to sense physiological information of a patient. The housing includes sensors to sense the physiological information. The physiological information may be, for example, air flow through the nose or the mouth or both. The physiological information further may be, for example, blood volume. The sleep apnea diagnostic system includes at least one processor in the housing or external to the housing or both to analyze the physiological information to determine whether the patient has experienced irregular or abnormal respiratory activity and to detect respiratory effort. The analysis may be real time or delayed
Al-Ali et al. (U.S. Patent Application 2019/0231241 A1) – Al-Ali teaches a device for obtaining physiological information of a medical patient and wirelessly transmitting the obtained physiological information to a wireless receiver.
Luna et al. (U.S. Patent Application 2015/0216475 A1) – Luna teaches devices relate generally to electrical and electronic hardware, computer software, wired and wireless network communications, and wearable computing devices for facilitating health and wellness-related information. More specifically, disclosed are electrodes and methods to determine physiological states using a wearable device (or carried device) and one or more sensors that can be subject to motion. In one embodiment, a method includes receiving a sensor signal including data representing physiological characteristics in a wearable device from a distal end of a limb and a motion sensor signal. The method includes decomposing at a processor the sensor signal to determine physiological signal components. A physiological characteristic signal is generated that includes data representing a physiological characteristic, which can form a basis to determine a physiological state based on, for example, bioimpedance signals originating from the distal end of the limb
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HELENE C BOR whose telephone number is (571)272-2947. The examiner can normally be reached Mon - Fri 10:30 - 6:30.
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, Ashley Buran can be reached on (571) 270-5284. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Helene Bor/Examiner, Art Unit 3797
/CHRISTOPHER KOHARSKI/Supervisory Patent Examiner, Art Unit 3797
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