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
Claim 1 is objected to because of the following informalities: the phrase “A computer logic system for and analyzing a PPG signal” is unintelligible and should be amended to recite “A computer logic system for receiving and analyzing a PPG signal” Appropriate correction is required.
Claims 2 (lines 2-3) and 3 (lines 2-3) are objected to because of the following informalities: the phrase “from bins the basis of the” is missing the word “on” and should be amended to recite “from bins on the basis of the” Appropriate correction is required.
Claims 1 and 20 are objected to because of the following informalities: the phrase “a device that includes at least on PPG sensor” is grammatically off and should be amended to recite “a device that includes at least one PPG sensor” Appropriate correction is required.
Claim 13 is objected to because of the following informalities: the phrase “measured…EKG signals” has not been previously introduced in the claim, and cannot already have been measured. Appropriate correction is required.
Claim 17 is objected to because of the following informalities: the phrase “composite SPOS signals” has not been previously introduced in the claim, and should be amended to recite “composite SPOS”. Appropriate correction is required.
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.
Claims 1-20 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 1, it is unclear if the systems of line 11 and 13 are the same or different than the “computer logic system” of claim 1. If the systems are different, it is further unclear if the “systems” use the same “computer logic” as the “computer logic system”.
Claim 1 recites the limitation " the shape" in line 15. There is insufficient antecedent basis for this limitation in the claim.
Regarding claims 1 and 20 lines 10-11, it is unclear how the “composite signal” comprises a system.
Regarding claims 1 and 20 lines 12-13, it is unclear how the “composite SPOS” comprises a system.
Regarding claims 2-19, it is unclear if “The system of claim X” is directed to the “computer logic system” of claim 1 line 1 or the “system” of line 11 and 13.
Regarding claim 4, it is unclear if the “system” of line 1 are the same or different than the “computer logic system” of claim 1.
Claim 5 recites the limitation " the area under the curve". There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation " the time interval between the onset". There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 6, it is unclear of the “shape” of claim 6 is the same or different than the “shape” of claim 1 line 15.
Claim 12 recites the limitation " the plurality of electrodes". There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites the limitation " the display device" in line 21. There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites the limitation " the shape" in line 15. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 20, it is unclear if the system of claim 20 line 16 is same or different than the system of line 13 or the computer logic system of line 2.
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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms . The 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/process/file/efs/guidance/eTD-info-I.jsp.
Patent 11801016
Claims 1, 3-16, 18, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5, 7-16 of Patent No. 11801016 (Hereinafter ‘016). Although the claims at issue are not identical, they are not patentably distinct from each other because the system of claims 1-5, 7-16 of 11801016 requires the computer system and method of claims 1, 3-16, 18, and 20 of 19048538 to function. Comparison of the claims is provided below, showing corresponding limitations in the conflicting claims.
This is a non-provisional nonstatutory double patenting rejection because the patentably indistinct claims have been patented.
Regarding claim 1 and 20, ‘016 teaches A computer logic system/method for and analyzing a PPG signal, wherein the computer logic system (Claim 1 “A system for assessing intra-arterial fluid volume” Claim 17 “A system for assessing intra-arterial fluid volume”) is configured to:
obtain the PPG signal from a device that includes at least on PPG sensor mounted thereon for measuring the person's PPG signal at multiple wavelengths of light (Claim 1 and 17 “at least one PPG sensor mounted on the device for measuring the person's PPG signal at multiple wavelengths of light;”);
segment the PPG signal into a series of PPG signal segments (Claim 1 and 17 “segmenting the PPG signal into a series of PPG signal segments based upon features in the identified cardiac cycles”);
sort the PPG signal segments into a plurality of bins, wherein a first set of PPG signal segments are sorted into a first plurality of bins based upon a similarity in durations of prior R- to-R cardiac cycles, and a second set of PPG signal segments are sorted into a second plurality of bins based upon a similarity in durations of prior-prior R-to-R cardiac cycles (Claim 1 and 17 “sorting the PPG signal segments into a plurality of bins, wherein a first set of PPG signal segments are sorted into a first plurality of bins based upon a similarity in durations of prior R-to-R cardiac cycles, and a second set of PPG signal segments are sorted into a second plurality of bins based upon a similarity in durations of prior-prior R-to-R cardiac cycles,”),
generate a composite signal for each of the first and second pluralities of bins comprising a system for summing or averaging the PPG signal segments in the bin (Claim 1 and 17 “generate a composite signal for each of the first and second pluralities of bins comprising a system for summing or averaging the PPG signal segments in the bin”);
generate a composite Signal Prime Over Signal (SPOS) for each of the composite signals comprising a system for calculating a derivative of the composite signal and normalizing the derivative of the composite signal by the composite signal itself (Claim 1 and 17 “generating a composite Signal Prime Over Signal (SPOS) for each of the composite signals comprising a system for calculating a derivative of the composite signal and normalizing the derivative of the composite signal by the composite signal itself”);
measure a person's relative hydration level by detecting a change in the shape of at least one of the composite SPOS generated from the first plurality of bins and the composite SPOS generated from the second plurality of bins (Claim 1 and 17 “measuring a person's relative hydration level by detecting a change in the shape of at least one of the composite SPOS generated from the first plurality of bins and the composite SPOS generated from the second plurality of bins”); and
output to a display device a treatment recommendation based on the person's relative hydration level, wherein the treatment recommendation is at least of a positional change, giving further fluid, holding fluid, removing fluid, or giving diuretics (Claim 1 and 17 “outputting to a display device a treatment recommendation based on the person's relative hydration level, wherein the treatment recommendation is at least of a positional change, giving further fluid, holding fluid, removing fluid, or giving diuretics”).
Patent 11801016
Application of 19/048538
7. The system of claim 1, wherein the system for measuring a person's hydration level is configured to: calculate a first relationship representing left ventricular output with arterial pulse shape as a function of prior R-to-R, the first relationship being based upon values of the composite signals generated from the first set of PPG signal segments, calculate a second relationship representing venous return with arterial hemoglobin oxygen saturation as a function of prior-prior R-to-R, the second relationship being based upon the composite signals generated from the second set of PPG signal segments, and compare the first and second relationships as a metric of a person's relative hydration level.
3. The system of claim 1, wherein comparing the composite signals generated from bins on the basis of the prior R-to-R cardiac cycles against the composite signals generated from bins the basis of the prior-prior R-to-R cardiac cycles comprises:
calculating a first relationship representing left ventricular output with arterial pulse shape as a function of prior R-to-R, the first relationship being based upon values of the composite signals generated from prior R-to-R cardiac cycles,
calculating a second relationship representing venous return with arterial hemoglobin oxygen saturation as a function of prior-prior R-to-R, the second relationship being based upon the composite signals generated from prior-prior R-to-R cardiac cycles, and
comparing the first and second relationships as a metric of a person's relative hydration level.
8. The system of claim 1, wherein the system for measuring a person's hydration level detects the change in the shape of a composite SPOS signal measured at an infrared wavelength of light.
4. The system of claim 1, wherein the system for measuring a person's hydration level detects changes in the shape of a composite signal measured at an infrared wavelength of light.
9. The system of claim 8, wherein detecting the change in the shape of the composite signal measured at the infrared wavelength of light comprises correlating intra-arterial fluid volume to an area under a curve representative of the composite signal measured at the infrared wavelength of light.
5. The system of claim 4, wherein detecting changes in the shape of a composite signal measured at an infrared wavelength of light comprises correlating intra-arterial fluid volume to the area under the curve of the composite signal measured at an infrared wavelength of light.
2. The system of claim 1, wherein the computer logic system further comprises: (viii) a system for determining Pulse Wave Transit Time by determining the time interval between the onset of an R-wave complex in the cardiac cycle and the occurrence of a shape feature in the composite SPOS.
6. The system of claim 1, wherein the computer logic system further comprises:
(viii) a system for determining Pulse Wave Transit Time by determining the time interval between the onset of an R-wave complex in the cardiac cycle and the occurrence of a shape feature in the composite SPOS.
3. The system of claim 2, wherein the shape feature in the composite SPOS is a minimum of the composite SPOS.
7. The system of claim 6, wherein the shape feature in the composite SPOS is a minimum of the composite SPOS.
10. The system of claim 1, wherein the device is a hand-held device with the at least one PPG sensor mounted thereon and a plurality of electrode wires extending therefrom.
8. The system of claim 1, wherein the device is a hand-held device with the at least one PPG sensor mounted thereon and a plurality of electrode wires extending therefrom.
11. The system of claim 10, wherein the device is a hand-held device with the at least one PPG sensor mounted thereon and at least one of the plurality of electrodes mounted thereon.
9. The system of claim 8, wherein the device is a hand-held device with the at least one PPG sensor mounted thereon and at least one of the plurality of electrodes mounted thereon.
12. The system of claim 10, wherein an optical waveguide is interposed between the at least one PPG sensor on the device and the person's skin.
10. The system of claim 8, wherein an optical waveguide is interposed between the at least one PPG sensor on the device and the person's skin.
13. The system of claim 1, wherein the device is positioned within a strap or band disposed around the person's chest, back, forehead, or limb such that the at least one PPG sensor and the plurality of electrodes are disposed within the strap or band disposed around the person's chest, back, forehead or limb.
11. The system of claim 1, wherein the device is positioned within a strap or band disposed around the person's chest or limb such that the at least one PPG sensor and the plurality of electrodes are disposed within the strap or band disposed around the person's chest or limb.
14. The system of claim 1, wherein the device is a patch with the at least one PPG sensor and at least one of the plurality of electrodes positioned therein.
12. The system of claim 1, wherein the device is a patch with the at least one PPG sensor and at least one of the plurality of electrodes positioned therein.
15. The system of claim 1, wherein the computer logic system is positioned within the device such that the composite signals are generated within the device, and wherein the system for measuring intra-arterial fluid volume comprises: a data transmission system for transmitting one or both of: the composite signals to a remote computer system for analysis, or measured PPG and EKG signals to a remote computer system for analysis.
13. The system of claim 1, wherein the computer logic system is positioned within the device such that the composite signals are generated within the device, and wherein the system for measuring intra-arterial fluid volume comprises:
a data transmission system for transmitting one or both of:the composite signals to a remote computer system for analysis, or measured PPG and EKG signals to a remote computer system for analysis.
16. The system of claim 1, wherein the system for generating a composite signal for the plurality of bins in each of the first and second sets of PPG signal segments comprises a system for removing aberrant PPG signal segments from the calculation of the composite signal.
14. The system of claim 1, wherein the system for generating a composite signal for each of the plurality of bins comprises a system for removing aberrant PPG signal segments from the calculation of the composite signal.
6. The system of claim 4, wherein comparing a SPOS of each of the PPG signal segments used to calculate the composite signal against the composite SPOS of the calculated composite signal comprises: comparing PWTT values for the PPG signal segments against a PWTT value for the calculated composite signal.
15. The system of claim 1, wherein the system for generating a composite signal for each of the sets comprises a system for iteratively re-calculating the composite signal, by:
comparing a SPOS of each of the PPG signal segments used to calculate the composite signal against the composite SPOS of the calculated composite signal,
removing outlier PPG signal segments,
re-calculating the composite signal with the outlier PPG signal segments removed, and
repeating the iteration until there are no more outlier PPG signal segments.
5. The system of claim 4, wherein outlier PPG signal segments are identified by comparing PPG signal segments measured at different wavelengths of light against the calculated composite signal.
16. The system of claim 15, wherein outlier PPG signal segments are identified by comparing PPG signal segments measured at different wavelengths of light against the calculated composite signal.
1. (i) a system for identifying cardiac cycles in the EKG signal; (ii) a system for segmenting the PPG signal into a series of PPG signal segments based upon features in the identified cardiac cycles,
18. The system of claim 1, wherein segmenting the PPG signal comprises:
identifying cardiac cycles in at least one of a measured EKG signal; and
segmenting the PPG signal based on the identified cardiac cycles.
Patent 12251239
Claims 1-18 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of Patent No. 12251239 (Hereinafter ‘239). Although the claims at issue are not identical, they are not patentably distinct from each other because the system of claims 1-18 of 12251239 requires the computer system and method of claims 1-18 and 20 of 19048538 to function. Comparison of the claims is provided below, showing corresponding limitations in the conflicting claims.
This is a non-provisional nonstatutory double patenting rejection because the patentably indistinct claims have been patented.
Regarding claims 1 and 20, ‘239 teaches A computer logic system/method for receiving and analyzing a PPG signal, wherein the computer logic system (Claim 1 “A computer logic system for and analyzing a PPG signal and an EKG signal, wherein the computer logic system is configured to” Claim 18 “A method for receiving and analyzing a PPG signal and an EKG signal”) is configured to:
obtain the PPG signal from a device that includes at least on PPG sensor mounted thereon for measuring the person's PPG signal at multiple wavelengths of light (Claim 1 and 18 “PPG signal from a device that includes at least on PPG sensor mounted thereon for measuring the person's PPG signal at multiple wavelengths of light”);
segment the PPG signal into a series of PPG signal segments (Claim 1 and 18 “segment the PPG signal into a series of PPG signal segments based upon features in the identified cardiac cycles”);
sort the PPG signal segments into a plurality of bins, wherein a first set of PPG signal segments are sorted into a first plurality of bins based upon a similarity in durations of prior R- to-R cardiac cycles, and a second set of PPG signal segments are sorted into a second plurality of bins based upon a similarity in durations of prior-prior R-to-R cardiac cycles (Claim 1 and 18 “sort the PPG signal segments into a plurality of bins, wherein a first set of PPG signal segments are sorted into a first plurality of bins based upon a similarity in durations of prior R-to-R cardiac cycles, and a second set of PPG signal segments are sorted into a second plurality of bins based upon a similarity in durations of prior-prior R-to-R cardiac cycles”),
generate a composite signal for each of the first and second pluralities of bins comprising a system for summing or averaging the PPG signal segments in the bin (Claim 1 and 18 “generate a composite signal for each of the first and second pluralities of bins comprising a system for summing or averaging the PPG signal segments in the bin”);
generate a composite Signal Prime Over Signal (SPOS) for each of the composite signals comprising a system for calculating a derivative of the composite signal and normalizing the derivative of the composite signal by the composite signal itself (Claim 1 and 18 “generate a composite Signal Prime Over Signal (SPOS) for each of the composite signals comprising a system for calculating a derivative of the composite signal and normalizing the derivative of the composite signal by the composite signal itself”);
measure a person's relative hydration level by detecting a change in the shape of at least one of the composite SPOS generated from the first plurality of bins and the composite SPOS generated from the second plurality of bins (Claim 1 and 18 “measure a person's relative hydration level by detecting a change in the shape of at least one of the composite SPOS generated from the first plurality of bins and the composite SPOS generated from the second plurality of bins”); and
output to a display device a treatment recommendation based on the person's relative hydration level, wherein the treatment recommendation is at least of a positional change, giving further fluid, holding fluid, removing fluid, or giving diuretics (Claim 1 and 18 “output to a display device a treatment recommendation based on the person's relative hydration level, wherein the treatment recommendation is at least of a positional change, giving further fluid, holding fluid, removing fluid, or giving diuretics”).
Patent 12251239
Application 19/048538
2. The system of claim 1, wherein comparing the composite signals generated from bins on the basis of the prior R-to-R cardiac cycles against the composite signals generated from bins the basis of the prior-prior R-to-R cardiac cycles comprises: plotting a first line representing left ventricular output with arterial pulse shape as a function of prior R-to-R, the first line being based upon values of the composite signals generated from prior R-to-R cardiac cycles, plotting a second line representing venous return with arterial hemoglobin oxygen saturation as a function of prior-prior R-to-R, the second line being based upon the composite signals generated from prior-prior R-to-R cardiac cycles, and determining an intersection point of the first and second lines as a metric of a person's relative hydration level.
2. The system of claim 1, wherein comparing the composite signals generated from bins on the basis of the prior R-to-R cardiac cycles against the composite signals generated from bins the basis of the prior-prior R-to-R cardiac cycles comprises: plotting a first line representing left ventricular output with arterial pulse shape as a function of prior R-to-R, the first line being based upon values of the composite signals generated from prior R-to-R cardiac cycles, plotting a second line representing venous return with arterial hemoglobin oxygen saturation as a function of prior-prior R-to-R, the second line being based upon the composite signals generated from prior-prior R-to-R cardiac cycles, and determining an intersection point of the first and second lines as a metric of a person's relative hydration level.
3. The system of claim 1, wherein comparing the composite signals generated from bins on the basis of the prior R-to-R cardiac cycles against the composite signals generated from bins the basis of the prior-prior R-to-R cardiac cycles comprises: calculating a first relationship representing left ventricular output with arterial pulse shape as a function of prior R-to-R, the first relationship being based upon values of the composite signals generated from prior R-to-R cardiac cycles, calculating a second relationship representing venous return with arterial hemoglobin oxygen saturation as a function of prior-prior R-to-R, the second relationship being based upon the composite signals generated from prior-prior R-to-R cardiac cycles, and comparing the first and second relationships as a metric of a person's relative hydration level.
3. The system of claim 1, wherein comparing the composite signals generated from bins on the basis of the prior R-to-R cardiac cycles against the composite signals generated from bins the basis of the prior-prior R-to-R cardiac cycles comprises:
calculating a first relationship representing left ventricular output with arterial pulse shape as a function of prior R-to-R, the first relationship being based upon values of the composite signals generated from prior R-to-R cardiac cycles,
calculating a second relationship representing venous return with arterial hemoglobin oxygen saturation as a function of prior-prior R-to-R, the second relationship being based upon the composite signals generated from prior-prior R-to-R cardiac cycles, and
comparing the first and second relationships as a metric of a person's relative hydration level.
4. The system of claim 1, wherein measuring a person's hydration level detects changes in the shape of a composite signal measured at an infrared wavelength of light.
4. The system of claim 1, wherein the system for measuring a person's hydration level detects changes in the shape of a composite signal measured at an infrared wavelength of light.
5. The system of claim 4, wherein detecting changes in the shape of a composite signal measured at an infrared wavelength of light comprises correlating intra-arterial fluid volume to an area under the curve of the composite signal measured at an infrared wavelength of light.
5. The system of claim 4, wherein detecting changes in the shape of a composite signal measured at an infrared wavelength of light comprises correlating intra-arterial fluid volume to the area under the curve of the composite signal measured at an infrared wavelength of light.
6. The system of claim 1, wherein the computer logic system is further configured to: determine Pulse Wave Transit Time by determining a time interval between an onset of an R-wave complex in the cardiac cycle and the occurrence of a shape feature in the composite SPOS.
6. The system of claim 1, wherein the computer logic system further comprises:
(viii) a system for determining Pulse Wave Transit Time by determining the time interval between the onset of an R-wave complex in the cardiac cycle and the occurrence of a shape feature in the composite SPOS.
7. The system of claim 6, wherein the shape feature in the composite SPOS is a minimum of the composite SPOS.
7. The system of claim 6, wherein the shape feature in the composite SPOS is a minimum of the composite SPOS.
8. The system of claim 1, wherein the device is a hand-held device with the at least one PPG sensor mounted thereon and a plurality of electrode wires extending therefrom.
8. The system of claim 1, wherein the device is a hand-held device with the at least one PPG sensor mounted thereon and a plurality of electrode wires extending therefrom.
9. The system of claim 8, wherein the device is a hand-held device with the at least one PPG sensor mounted thereon and at least one of the plurality of electrodes mounted thereon.
9. The system of claim 8, wherein the device is a hand-held device with the at least one PPG sensor mounted thereon and at least one of the plurality of electrodes mounted thereon.
10. The system of claim 8, wherein an optical waveguide is interposed between the at least one PPG sensor on the device and the person's skin.
10. The system of claim 8, wherein an optical waveguide is interposed between the at least one PPG sensor on the device and the person's skin.
11. The system of claim 1, wherein the device is positioned within a strap or band disposed around the person's chest or limb such that the at least one PPG sensor and the plurality of electrodes are disposed within the strap or band disposed around the person's chest or limb.
11. The system of claim 1, wherein the device is positioned within a strap or band disposed around the person's chest or limb such that the at least one PPG sensor and the plurality of electrodes are disposed within the strap or band disposed around the person's chest or limb.
12. The system of claim 1, wherein the device is a patch with the at least one PPG sensor and at least one of the plurality of electrodes positioned therein.
12. The system of claim 1, wherein the device is a patch with the at least one PPG sensor and at least one of the plurality of electrodes positioned therein.
13. The system of claim 1, wherein the computer logic system is positioned within the device such that the composite signals are generated within the device, and wherein the computer logic system comprises: a data transmission system for transmitting one or both of: the composite signals to a remote computer system for analysis, or measured PPG and EKG signals to a remote computer system for analysis.
13. The system of claim 1, wherein the computer logic system is positioned within the device such that the composite signals are generated within the device, and wherein the system for measuring intra-arterial fluid volume comprises:
a data transmission system for transmitting one or both of:the composite signals to a remote computer system for analysis, or measured PPG and EKG signals to a remote computer system for analysis.
14. The system of claim 1, wherein generating a composite signal for each of the plurality of bins comprises a system for removing aberrant PPG signal segments from the calculation of the composite signal.
14. The system of claim 1, wherein the system for generating a composite signal for each of the plurality of bins comprises a system for removing aberrant PPG signal segments from the calculation of the composite signal.
15. The system of claim 1, wherein generating a composite signal for each of the sets comprises a system for iteratively re-calculating the composite signal, by: comparing a SPOS of each of the PPG signal segments used to calculate the composite signal against the composite SPOS of the calculated composite signal, removing outlier PPG signal segments, re-calculating the composite signal with the outlier PPG signal segments removed, and repeating the iteration until there are no more outlier PPG signal segments.
15. The system of claim 1, wherein the system for generating a composite signal for each of the sets comprises a system for iteratively re-calculating the composite signal, by:
comparing a SPOS of each of the PPG signal segments used to calculate the composite signal against the composite SPOS of the calculated composite signal,
removing outlier PPG signal segments,
re-calculating the composite signal with the outlier PPG signal segments removed, and
repeating the iteration until there are no more outlier PPG signal segments.
16. The system of claim 15, wherein outlier PPG signal segments are identified by comparing PPG signal segments measured at different wavelengths of light against the calculated composite signal.
16. The system of claim 15, wherein outlier PPG signal segments are identified by comparing PPG signal segments measured at different wavelengths of light against the calculated composite signal.
17. The system of claim 1, wherein the computer logic system is further configured to: calculate arterial hemoglobin oxygen saturation by comparing composite SPOS signals measured at different wavelengths of light.
17. The system of claim 1, wherein the computer logic system is further configured to: calculate arterial hemoglobin oxygen saturation by comparing composite SPOS signals measured at different wavelengths of light.
1. The system of claim 1, wherein segmenting the PPG signal comprises:
identifying cardiac cycles in at least one of a measured EKG signal; and
segmenting the PPG signal based on the identified cardiac cycles.
18. The system of claim 1, wherein segmenting the PPG signal comprises:
identifying cardiac cycles in at least one of a measured EKG signal; and
segmenting the PPG signal based on the identified cardiac cycles.
Conclusion
Claims 1-20 are only rejected under 35 U.S.C 112(b), and DP.
The following is a statement of reasons for the indication of allowable subject matter:
The sorting of PPG segments based on prior and prior-prior R-to-R durations and the generating a composite SPOS to compare the two bins are not conventionally relied upon in performing hydration analysis and are therefore allowable over the prior art.
Additionally, the claims are patent eligible as the systems provide different treatment recommendations based on the hydration level calculated, which provides an effect to the particular treatment for a medical condition.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Proenca et al. (US 20220133165).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOUSSA M HADDAD whose telephone number is (571)272-6341. The examiner can normally be reached M-TH 8:00-6:00.
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/MOUSSA HADDAD/Examiner, Art Unit 3796
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