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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: Laser light 16 is missing from Fig 6. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-19 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.
The acronym/initialism VCSEL in claims 1, 3-5, 7, 11, 13, 15, and 17 is without a corresponding long-hand word or phrase, rendering the claims indefinite. By virtue of dependency, claims 2, 6, 8-10, 12, 14, 16, and 18-19 are also rejected.
Claim 10 recites the limitation "a third optical element” but there is no second optical element mentioned in claim 10 or the parent claim. Examiner acknowledges that a second optical element is recited in claim 6, however, claim 10 depends from claim 1. By virtue of dependency, claim 11 is also rejected.
Claim 12 recites the limitation "a fourth optical element” but there is no second or third optical element mentioned in claim 12 or the parent claim. Examiner acknowledges that a second optical element is recited in claim 6 and a third optical element is recited in claim 10, however, claim 12 depends from claim 1.
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.
Claim(s) 1, 3, 6, 13, and 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cornsweet (US 20030076508 A1) in view of Meyer (https://doi.org/10.1145/3411763.3451621).
Regarding claim 1, Cornsweet teaches a device for determining a glucose concentration in an anterior chamber of a user's eye (optical instrument 100; [0024] “devices and methods for measurements of the refractive index of the aqueous humor can be used to quantify variations in the concentration of glucose in the aqueous humor.” [0026] “An optical instrument 100 for measuring the refractive index of the aqueous humor is schematically illustrated in FIG. 2).
However, Cornsweet fails to disclose a VCSEL or self-mixing interference. Meyer teaches a system that obtains measurements from a user’s eye based on self-mixing interferometry using a vertical cavity surface emitting laser.
Meyer discloses, the device ([Abstract] “next-generation smart glasses”) comprising:
a VCSEL which emits laser light (pg 1, col 2, [5] “The sensor is based on a small vertical cavity surface emitting laser (VCSEL) with a cavity-integrated photodiode in the near infrared (IR) spectrum, which allows for a space constrained integration into the glasses’ frames.”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Cornsweet to include self-mixing interferometry using a vertical cavity surface emitting laser as disclosed in Meyer to provide a more compact and higher sensitivity system that allows for robust operation in the presence of ambient radiation (Meyer, pg 1, col 2, [5] – pg 2, col 1, [1]).
The combination of Cornsweet/Meyer discloses:
an optical element for influencing the laser light and/or an emergent light (Cornsweet: lens 130, beamsplitter 155, mirror 160, lens 170, lens 200), wherein the VCSEL and the optical element are configured such that the laser light enters the anterior chamber of the eye (Cornsweet: Fig. 2; Meyer: Fig. 1),
wherein the emergent light from the anterior chamber penetrates into the VCSEL (Meyer: Fig. 1 caption “b) Coupled cavity model of a laser feedback interferometry sensor. The laser emits light which is scattered by the eye and back injected into the laser cavity. The photodiode monitors the laser power, which varies with changes in the feedback path”), and
an analysis unit that analyses a resulting self-mixing interference within the VCSEL to determine the glucose concentration (Meyer: pg 2, col 2, [6-8] “The sensing principle is described by the coupled cavity model, shown in Figure 1 b) shows the coupled cavity model. A laser with an optical output power P0 emits a coherent laser beam towards the surface of the eye. The laser beam hits the eye under an angle of incidence γ, is attenuated by volume scattering effects and absorption described by a reflectivity R and is back injected into the laser where it causes stimulated emission of the laser, just as the oscillating photons in the laser cavity do. However, as it took the external light a time τext to travel the distance Lext towards the eye, the laser field inside of the cavity and the back-injected laser field might be in phase (constructive interference, increase in laser field strength) or out of phase (destructive interference, decrease of laser field strength). The resulting modulated optical output power by self-mixing interference is dependent on the unmodulated nominal output power P0, the modulation depth m and a varying phase ϕfb of the backscattered light field. (1) P′0=P0(1+m⋅cos(ϕfb)). In our sensor, a small fraction of the modulated output power P′0 is then measured by a photodiode, which is integrated into the distributed Bragg reflector structure of the laser cavity itself.” Cornsweet: [0024] “Fluctuations in the glucose concentration of the aqueous humor have also been shown to produce a corresponding shift in the index of refractive of the aqueous humor. Therefore, devices and methods for measurements of the refractive index of the aqueous humor can be used to quantify variations in the concentration of glucose in the aqueous humor. By measuring this aqueous glucose concentration in this manner, patients can determine the concentration of glucose in the blood and adjust their insulin and sugar intake accordingly.” [0025] “Interferometry can be employed to measure the index of refraction of the aqueous humor. Other optical methods can be used that monitor optical properties that are dependent on the refractive index of this fluid in the eye 10. Identifying and quantifying fluctuations in the index of refraction of the aqueous humor using light is preferred as it is clean, non-invasive, and relatively precise. Interferometers offer one approach for optically determining the refractive index of the aqueous humor, however, other well-known techniques as well as those yet devised are possible alternatives.” [0026] “An optical instrument 100 for measuring the refractive index of the aqueous humor is schematically illustrated in FIG. 2”).
Regarding claim 3, the combination of Cornsweet/Meyer discloses the device according to claim 1, wherein the anterior chamber is positioned along a beam path between the VCSEL and the optical element (Cornsweet: Fig. 2, the anterior chamber/iris 80 is between the laser source 115 and lens 200 along the beam path).
Regarding claim 6, the combination of Cornsweet/Meyer discloses the device according to claim 1, further comprising a second optical element (Cornsweet: lens 200), wherein the anterior chamber is positioned between the optical element and the second optical element such that the beam path of the laser light passes through the anterior chamber (Cornsweet: Fig. 2, beam 150 is the reflected laser light off of mirror 160 that then passes through lens 170 and the anterior chamber prior to becoming the emergent light that then interacts with lens 200).
Regarding claim 13, the combination of Cornsweet/Meyer discloses the device according to claim 1, further comprising a reference VCSEL, which emits a reference laser light that propagates along a reference beam path to the eye (Meyer: pg 3, col 1, [4] “Therefore, without incorporating further a-priori assumptions two LFI sensors [laser feedback interferometry or VCSEL sensors] are required to measure both, the horizontal movement around the θ-axis and vertical movement around the ϕ-axis. Figure 2 shows an exemplary positioning and the laser beam directions of two LFI sensors to comply with these requirements.” Fig. 2; Fig. 5, LFI sensors 2 and 3).
Regarding claim 15, the combination of Cornsweet/Meyer discloses the device according to claim 1, wherein the optical element is a refractive and/or diffractive lens and/or a lens made of a photonic metamaterial, which is arranged between the VCSEL and the anterior chamber (Cornsweet: lens 170, Fig. 2).
Regarding claim 16, the combination of Cornsweet/Meyer discloses a glass unit to be worn by a user having a device according to claim 1 such that a user of the glass unit is able to determine his or her own blood glucose level (Meyer: [Abstract] “next-generation smart glasses;” Cornsweet: optical instrument 100; [0024] “devices and methods for measurements of the refractive index of the aqueous humor can be used to quantify variations in the concentration of glucose in the aqueous humor.” [0056] “The signal output from the sensor 190 is analyzed, for example, as described above, to determine the glucose concentration based on the relationship established between refractive index and glucose concentration by calibrating the instrument with independent measurements.”).
Regarding claim 17, the combination of Cornsweet/Meyer discloses a method for determining a glucose concentration in an anterior chamber of a user's eye with a device according to claim 1, the method comprising:
emitting the laser light (Cornsweet: [0026] “The light source 110 preferably comprises a coherent source 115 such as a laser. This light source 110 preferably outputs invisible radiation such as infrared but is not limited to any particular wavelength range.”),
causing the laser light to enter or exit into/out of the anterior chamber (Cornsweet: Fig. 2; [0035] “the optical path length of the first and second probe beams 140, 150 varies with the index of refraction of the aqueous humor in the anterior chamber 70 of the eye 10.”),
receiving the laser light with the VCSEL, generating a self-mixing interference within the VCSEL (Meyer: pg 1, col 2, [5] “The sensor is based on a small vertical cavity surface emitting laser (VCSEL) with a cavity-integrated photodiode in the near infrared (IR) spectrum, which allows for a space constrained integration into the glasses’ frames.” Fig. 1 caption “b) Coupled cavity model of a laser feedback interferometry sensor. The laser emits light which is scattered by the eye and back injected into the laser cavity. The photodiode monitors the laser power, which varies with changes in the feedback path”),
analyzing the self-mixing interference with regard to a glucose concentration in the anterior chamber, and determining the glucose concentration (Meyer: pg 2, col 2, [6-8] “The sensing principle is described by the coupled cavity model, shown in Figure 1 b) shows the coupled cavity model. A laser with an optical output power P0 emits a coherent laser beam towards the surface of the eye. The laser beam hits the eye under an angle of incidence γ, is attenuated by volume scattering effects and absorption described by a reflectivity R and is back injected into the laser where it causes stimulated emission of the laser, just as the oscillating photons in the laser cavity do. However, as it took the external light a time τext to travel the distance Lext towards the eye, the laser field inside of the cavity and the back-injected laser field might be in phase (constructive interference, increase in laser field strength) or out of phase (destructive interference, decrease of laser field strength). The resulting modulated optical output power by self-mixing interference is dependent on the unmodulated nominal output power P0, the modulation depth m and a varying phase ϕfb of the backscattered light field. (1) P′0=P0(1+m⋅cos(ϕfb)). In our sensor, a small fraction of the modulated output power P′0 is then measured by a photodiode, which is integrated into the distributed Bragg reflector structure of the laser cavity itself.” Cornsweet: [0024] “Fluctuations in the glucose concentration of the aqueous humor have also been shown to produce a corresponding shift in the index of refractive of the aqueous humor. Therefore, devices and methods for measurements of the refractive index of the aqueous humor can be used to quantify variations in the concentration of glucose in the aqueous humor. By measuring this aqueous glucose concentration in this manner, patients can determine the concentration of glucose in the blood and adjust their insulin and sugar intake accordingly.” [0025] “Interferometry can be employed to measure the index of refraction of the aqueous humor. Other optical methods can be used that monitor optical properties that are dependent on the refractive index of this fluid in the eye 10. Identifying and quantifying fluctuations in the index of refraction of the aqueous humor using light is preferred as it is clean, non-invasive, and relatively precise. Interferometers offer one approach for optically determining the refractive index of the aqueous humor, however, other well-known techniques as well as those yet devised are possible alternatives.” [0026] “An optical instrument 100 for measuring the refractive index of the aqueous humor is schematically illustrated in FIG. 2”).
Claim(s) 2, 4-5, and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cornsweet (US 20030076508 A1) in view of Meyer (https://doi.org/10.1145/3411763.3451621), and in further view of Moench (US 20110075692 A1).
Regarding claim 2, the combination of Cornsweet/Meyer discloses the device according to claim 1, wherein the optical element has a mirror surface (Cornsweet: beamsplitter 155, mirror 160).
However, the combination of Cornsweet/Meyer fails to disclose the emergent light being reflected on a mirror surface. Moench teaches a system using a VCSEL and self-mixing interference to measure the attenuation of a laser beam after passage through a gas cell.
Moench discloses wherein the mirror surface is arranged in a beam path of the emergent light or the laser light such that the emergent light is reflected on the mirror surface (Fig. 1; [Abstract] “An optical reflector (500) is arranged behind the gas cell (400) to reflect the laser beam after passage through the atomic gas so as to re-enter the laser cavity. A photodetector (200) detects beat frequencies caused by self-mixing interference within the laser cavity.”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Cornsweet/Meyer to include the emergent light being reflected on a mirror surface as disclosed in Moench to reflect the laser beam after passage through the sample so as to re-enter the laser cavity for self-mixing interference using a more compact setup that allows for size and cost reduction while maintaining high signal quality (Moench [0015]).
Regarding claim 4, the combination of Cornsweet/Meyer/Moench discloses the device according to claim 2, wherein the laser light from the VCSEL enters the anterior chamber directly and the emergent light impinges directly on the mirror surface (Moench: Fig. 1; [Abstract] “An optical reflector (500) is arranged behind the gas cell (400) to reflect the laser beam after passage through the atomic gas so as to re-enter the laser cavity.” Instead of Moench’s gas cell 400 would be Cornsweet’s anterior chamber/aqueous humor shown in Fig. 2. [0015] “This self-mixing interference technique renders it possible to use a VCSEL with an integrated photodiode as the laser and detection device.”).
Regarding claim 5, the combination of Cornsweet/Meyer/Moench discloses the device according to claim 2, wherein the anterior chamber is arranged between the optical element and the VCSEL, wherein the mirror surface is aligned perpendicular to the beam path of the emergent light such that the emergent light is reflected back into the anterior chamber (Moench: Fig. 1; [Abstract] “An optical reflector (500) is arranged behind the gas cell (400) to reflect the laser beam after passage through the atomic gas so as to re-enter the laser cavity.” Instead of Moench’s gas cell 400 would be Cornsweet’s anterior chamber/aqueous humor shown in Fig. 2. [0015] “This self-mixing interference technique renders it possible to use a VCSEL with an integrated photodiode as the laser and detection device.”).
Regarding claim 9, the combination of Cornsweet/Meyer discloses the device according to one of claims 6. However, the combination of Cornsweet/Meyer fails to disclose the emergent light beam extending from the optical element to the second optical element. Moench wherein the beam path of the emergent light extends from the optical element to the second optical element (Fig. 1, optical reflector 500, collimation lens 300; [Abstract] “An optical reflector (500) is arranged behind the gas cell (400) to reflect the laser beam after passage through the atomic gas so as to re-enter the laser cavity. A photodetector (200) detects beat frequencies caused by self-mixing interference within the laser cavity.”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Cornsweet/Meyer to include the emergent light beam extending from the optical element to the second optical element as disclosed in Moench to reflect the laser beam after passage through the sample so as to re-enter the laser cavity for self-mixing interference using a more compact setup that allows for size and cost reduction while maintaining high signal quality (Moench [0015]).
Claim(s) 7-8 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cornsweet (US 20030076508 A1) in view of Meyer (https://doi.org/10.1145/3411763.3451621), and in further view of Sangu (US 20200285058 A1).
Regarding claim 7, the combination of Cornsweet/Meyer discloses the device according to claim 6. However, the combination of Cornsweet/Meyer fails to disclose the laser light from the VCSEL passing directly to the second optical element.
Sangu teaches a system using a VCSEL and optical elements such as mirrors and filters to get optical readings from a user’s eye. Sangu discloses the wherein the beam path of the laser light from the VCSEL passes directly to the second optical element (Fig. 12, [0155] “The pupil-position detecting device according to the modification includes a plane mirror 2a that reflects a laser beam emitted from a VCSEL 1 toward a concave mirror 2. An off-axis optical system includes optical paths 97a and 97b (optical paths indicated by broken lines) of a laser beam from the VCSEL 1 to the concave mirror 2, an optical path 98 (an optical path indicated by a one-dot chain line) from the concave mirror 2 to an eyeball 30 or a cornea 32, and an optical path 99 (an optical path indicated by a two-dot chain line) from the cornea 32 to the PSD 3.”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Cornsweet/Meyer to include the laser light from the VCSEL passing directly to the second optical element as disclosed in Sangu to be able to elongate the optical path and gain the associated advantageous effects such as additional degrees of freedom for design of an optical system. These including adjusting the beam diameter and changing the position of the beam spot on the light receiving surface of the detector to obtain a desired viewing angle and angular resolution (Sangu [0156]).
Regarding claim 8, the combination of Cornsweet/Meyer discloses the device according to claim 6. However, the combination of Cornsweet/Meyer fails to disclose the beam path of the laser light crossing at least once.
Sangu discloses wherein the beam path of the laser light crosses at least once (Fig. 12, [0155] “The pupil-position detecting device according to the modification includes a plane mirror 2a that reflects a laser beam emitted from a VCSEL 1 toward a concave mirror 2. An off-axis optical system includes optical paths 97a and 97b (optical paths indicated by broken lines) of a laser beam from the VCSEL 1 to the concave mirror 2, an optical path 98 (an optical path indicated by a one-dot chain line) from the concave mirror 2 to an eyeball 30 or a cornea 32, and an optical path 99 (an optical path indicated by a two-dot chain line) from the cornea 32 to the PSD 3.”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Cornsweet/Meyer to include the beam path of the laser light crossing at least once as disclosed in Sangu to be able to elongate the optical path and gain the associated advantageous effects such as additional degrees of freedom for design of an optical system. These including adjusting the beam diameter and changing the position of the beam spot on the light receiving surface of the detector to obtain a desired viewing angle and angular resolution (Sangu [0156]).
Regarding claim 10, the combination of Cornsweet/Meyer discloses the device according to claim 1. However, the combination of Cornsweet/Meyer fails to disclose an optical element that produces a phase delay.
Sangu discloses further comprising a third optical element, which produces a phase delay of a quarter wavelength when the laser light passes therethrough (Fig. 17B, ¼ wave shift portion 203, eye 30; [0191] “the first reflective condenser element 200 includes a support substrate 201, the liquid crystal portion 202, and a ¼ wave shift portion 203.” [0192] “Linear polarized light emitted from a VCSEL 1 is converted by the ¼ wave shift portion 203 into circular polarized light, and is incident on the liquid crystal portion 202. Light reflected by the liquid crystal portion 202 toward an eyeball 30 passes through the 1/4 wave shift portion 203 in a direction opposite to the incoming direction, is converted into linear polarized light again, and is incident on the cornea surface of the eyeball 30. Then, light reflected by the cornea surface is incident on a PSD 3.”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Cornsweet/Meyer to include an optical element that produces a phase delay as disclosed in Sangu to obtain optical readings while minimizing emission of a laser beam on the eyeball (Sangu [0200]).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cornsweet (US 20030076508 A1) in view of Meyer (https://doi.org/10.1145/3411763.3451621) and Sangu (US 20200285058 A1), and in further view of Moench (US 20110075692 A1).
Regarding claim 11, the combination of Cornsweet/Meyer/Sangu discloses the device according to claim 10. However, the combination of Cornsweet/Meyer/Sangu fails to disclose the third optical element being positioned between the anterior chamber and the VCSEL such that it is in a beam path of the VCSEL laser light and the emergent light.
wherein the third optical element is positioned between the anterior chamber and the VCSEL in a beam path of the laser light from the VCSEL and the emergent light (Fig. 1, optical reflector 500, collimation lens 300; [Abstract] “An optical reflector (500) is arranged behind the gas cell (400) to reflect the laser beam after passage through the atomic gas so as to re-enter the laser cavity. A photodetector (200) detects beat frequencies caused by self-mixing interference within the laser cavity.”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Cornsweet/Meyer/Sangu to include the third optical element being positioned between the anterior chamber and the VCSEL such that it is in a beam path of the VCSEL laser light and the emergent light as disclosed in Moench to enable self-mixing interferometry using a more compact setup that allows for size and cost reduction while maintaining high signal quality (Moench [0015]).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cornsweet (US 20030076508 A1) in view of Meyer (https://doi.org/10.1145/3411763.3451621), and in further view of Sangu (US 20200285058 A1) and Holmes (US 20130070320 A1).
Regarding claim 12, the combination of Cornsweet/Meyer discloses the device according to claim 1. However, the combination of Cornsweet/Meyer fails to disclose an optical element having a liquid crystal module.
Sangu further comprising a fourth optical element having a liquid crystal module, which influences a polarization direction of the laser light before the laser light enters the anterior chamber (Fig. 17B, ¼ wave shift portion 203, eye 30; [0191] “the first reflective condenser element 200 includes a support substrate 201, the liquid crystal portion 202, and a ¼ wave shift portion 203.” [0199] “The optical characteristics of the liquid crystal portion 202 are further described next referring to FIGS. 17D-a and 17D-b. FIG. 17D-a and FIG. 17D-b illustrate the liquid crystal portion 202 that condenses rightward circular polarized light. The liquid crystal portion 202 has reflection characteristics or transmission characteristics that are provided for rightward polarized light and leftward polarized light depending on the rotation direction of the liquid crystal molecules 2025.”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Cornsweet/Meyer to include an optical element having a liquid crystal module that influences polarization direction prior to the laser light entering the anterior chamber as disclosed in Sangu to obtain optical readings while minimizing emission of a laser beam on the eyeball (Sangu [0200]).
However, the combination of Cornsweet/Meyer/Sangu fails to disclose the liquid crystal being connected to a driver. Holmes teaches an optical system using a plurality of different deflections and small adjustments to compensate for wavelength differences and alignment tolerances.
Holmes discloses wherein the liquid crystal module is connected to a driver ([0160] The liquid crystal layer 222 has its material aligned such that under the action of a varying voltage between a pixel electrode 230 and the common electrode 224, the uniaxial axis changes its tilt direction in a plane normal to the electrode plane 224.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Cornsweet/Meyer/Sangu to include the liquid crystal being connected to a driver as disclosed in Holmes to tailor phase modulation using the liquid crystal (Holmes [0163]).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cornsweet (US 20030076508 A1) in view of Meyer (https://doi.org/10.1145/3411763.3451621), and in further view of Schwindt (US 11841404 B1).
Regarding claim 14, the combination of Cornsweet/Meyer discloses the device according to claim 13. However, the combination of Cornsweet/Meyer fails to disclose the reference laser light and the laser light propagating collinearly.
Schwindt teaches an optical system using collinear probe and reference VCSELs of different polarizations on a measurement medium. Schwindt discloses, wherein the reference laser light and the laser light propagate collinearly to one another (Col 9, lines 52-61 “The probe light beam 28 is combined onto a common axis with the pump light beam 18 by an optical beam-combining element 32. In the example of FIG. 1, the optical beam-combining element 32 is a polarizing beamsplitter. Alternative optical beam-combining elements include, e.g., beamsplitters, dichroic beamsplitters, mirrors, prisms, diffraction gratings, and optical fiber couplers. The probe light beam 28 follows the optical path 34 of the pump light beam 18 through the linear polarizer 22, the lenses 24, the optical waveplate 26, and the vapor cell 12.”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Cornsweet/Meyer to include the reference laser light and the laser light propagating collinearly as disclosed in Schwindt to obtain sensitive measurements while avoiding an overly complicated system (Schwindt, Col 4 lines 15-17 and lines 24-34 ).
Claim(s) 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cornsweet (US 20030076508 A1) in view of Meyer (https://doi.org/10.1145/3411763.3451621), and in further view of Grata (US 20070123759 A1).
Regarding claim 18, the combination of Cornsweet/Meyer discloses the method according to claim 17. However, the combination of Cornsweet/Meyer fails to disclose regular determination of the glucose concentration such that glucose concentrations at different chronological time points are created and stored.
Grata teaches an apparatus for a non-invasive sensing of glucose in a sample that includes an optics system having at least one radiation source and at least one radiation detector. Grata discloses wherein the determination of the glucose concentration is carried out regularly at specific time intervals such that a chronological protocol of the glucose concentrations at different points in time is created and stored in a memory of the device ([0042] “Controller/Processor System 13 can display the last glucose reading and the time it was taken on LCD 30 as well as calculate and display the trend and rate. It can calculate and display on LCD 30 various statistics, such as moving average (trend) and daily moving min-max deviation over a selected time period and plot them versus time on LCD 30 when requested. It can provide the option to the user for selecting the units of glucose concentration mg/dL or mmol/L and can store up to a yearlong set of glucose readings in nonvolatile memory together with time stamps reflecting the time they were taken, display, or upload to a computer when requested via USB interface 33 or Bluetooth module 28 as selected.”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Cornsweet/Meyer to include regular determination of the glucose concentration such that glucose concentrations at different chronological time points are created and stored as disclosed Grata to calculate and display various statistics such as a moving average and daily min-mix deviation (Grata [0042]).
Regarding claim 19, the combination of Cornsweet/Meyer/Grata discloses the method according to claim 18, wherein the protocol is sent via radio from the device to a computing device (Grata: [0042] “Controller/Processor System 13 can … provide the option to the user for selecting the units of glucose concentration mg/dL or mmol/L and can store up to a yearlong set of glucose readings in nonvolatile memory together with time stamps reflecting the time they were taken, display, or upload to a computer when requested via USB interface 33 or Bluetooth module 28 as selected.”).
Conclusion
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/M.H./Examiner, Art Unit 3791
/DEVIN B HENSON/Primary Examiner, Art Unit 3791
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