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 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 17-18 rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because claim 17 recites a computer program and 18 recites a computer readable media without reciting that it is a non-transitory so the media could be a signal which is not statutory category.
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 14 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 14, it is unclear with the “and/or” if both equations are needed to define P. Clarification is requested via amendments.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huang et al. (USPN 6,863,652).
Regarding claims 1, 15-18, a method for controlling a light source of a pulse oximeter, the pulse oximeter comprising in addition to the light source a light sensor designed to convert a light component transmitted and/or reflected by a body part on irradiation with light from the light source into a sensor signal, wherein the method comprises: receiving the sensor signal and a current value of at least one control parameter for controlling a brightness and/or color of the light source (Col.13 lines 9-56, Col.6 lines 44-67, Col.10 lines 34-47); determining a scaling factor from a plot of an amplitude of the sensor signal against time, taking into account a target value for the amplitude (Col.13 lines 9-56, Col.6 lines 44-67, Col.10 lines 34-47); determining a new value for the at least one control parameter by multiplying the current value by the scaling factor; applying the new value to the at least one control parameter (Col.13 lines 9-56, Col.6 lines 44-67, Col.10 lines 34-47).
Regarding claim 2, an average is determined from the plot of the amplitude against time and the scaling factor is determined using the average (Col.13 lines 9-56, Col.6 lines 44-67, Col.10 lines 34-47).
Regarding claim 3, the scaling factor is determined by forming a quotient from the average and the target value (Col.13 lines 9-56, Col.6 lines 44-67, Col.10 lines 34-47).
Regarding claim 4, the average is a moving average (Col.13 lines 9-56, Col.6 lines 44-67, Col.10 lines 34-47).
Regarding claim 5, the sensor signal is received in multiple consecutive time steps, the average being determined in each of the time steps using an actual value of the amplitude of the sensor signal received in a respective time step and/or using an earlier average determined in an earlier time step preceding the respective time step (Col.13 lines 9-56, Col.6 lines 44-67, Col.10 lines 34-47).
Regarding claim 6, the actual value and the earlier average are weighted differently when determining the average (Col.13 lines 9-56, Col.6 lines 44-67, Col.10 lines 34-47).
Regarding claim 7, the average is determined in each of the time steps according to the following equation (Col.13 lines 9-56, Col.6 lines 44-67, Col.10 lines 34-47).
Regarding claim 8, applying the new value comprises: determining a deviation value (A) indicating a deviation of the new value from a current value (Col.13 lines 9-56, Col.6 lines 44-67, Col.10 lines 34-47); determining an adjustment value using the deviation value and an assignment rule, by means of which possible deviation values are each assigned an adjustment value (Col.13 lines 9-56, Col.6 lines 44-67, Col.10 lines 34-47); determining an adjusted new value using the current value and the adjustment value (Col.13 lines 9-56, Col.6 lines 44-67, Col.10 lines 34-47); applying the adjusted new value to the at least one control parameter (Col.13 lines 9-56, Col.6 lines 44-67, Col.10 lines 34-47).
Regarding claim 9, determining an adjusted new value using the current value and the adjustment value is affected by adding up the current value and the adjustment value (Col.13 lines 9-56, Col.6 lines 44-67, Col.10 lines 34-47).
Regarding claim 10, the assignment rule is a sigmoid function or is based on a sigmoid function (Col.13 lines 9-56, Col.6 lines 44-67, Col.10 lines 34-47).
Regarding claim 11, an approximation P for the term based on a series expansion is determined and the assignment rule (Col.13 lines 9-56, Col.6 lines 44-67, Col.10 lines 34-47).
Regarding claim 12, the approximation P for the term 2-^ is based on a Taylor series (Col.13 lines 9-56, Col.6 lines 44-67, Col.10 lines 34-47).
Regarding claim 13, the approximation P for the term 2-₄ is based on a Maclaurin series (Col.13 lines 9-56, Col.6 lines 44-67, Col.10 lines 34-47).
Regarding claim 14, the approximation P is defined as follows in the equation recited (Col.13 lines 9-56, Col.6 lines 44-67, Col.10 lines 34-47).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARJAN FARDANESH whose telephone number is (571)270-5508. The examiner can normally be reached Monday-Friday 9:00-17:00.
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, Jacqueline Cheng can be reached at (571)272-5596. 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.
/MARJAN FARDANESH/ Primary Examiner, Art Unit 3791
Prosecution Insights