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 § 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 4, which depends on Claim 1, cites "determining the timestamp associated with the feature within the second photoplethysmography waveform" however, the limitation "second photoplethysmography waveform" is not mentioned in Claim 1 but rather in Claim 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 16, which depends on Claim 13, cites "determining the timestamp associated with the feature within the second photoplethysmography waveform" however, the limitation "second photoplethysmography waveform" is not mentioned in Claim 13 but rather in Claim 14. Correction is required. There is insufficient antecedent basis for this limitation in the claim.
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.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shemesh et al., (US 20170020399 A1) hereinafter referred to as Shemesh.
Regarding Claims 1, 13, and 20, Shemesh discloses An apparatus comprising: at least one processor; and at least one memory storing instructions that, when executed by the at least one processor, cause the apparatus at least to perform: determining a pulse time based on a timestamp associated with a feature within a first waveform sensed by a first wearable device on a first region of the user and a timestamp associated with the feature within a second waveform sensed by a second wearable device on a second region of the user; [paragraph 0007, a first sensor integral or otherwise functionally associated with the composite assembly may be an electrocardiogram (ECG) type sensor which may detect electrical signals generated in connection with and/or during a user's heart beats. According to the same embodiment, a second sensor integral or otherwise functionally associated with the composite assembly may be a photoplethysmogram (PPG) type sensor which may optically sense a user's pulse as blood passes through an arterial of the user which is being optically inspected and/or optically monitored by the PPG][paragraph 0068, According to some embodiments of the present invention, a device, and/or a composite sensor assembly, may measure or derive, directly or indirectly, bio-parameters such as heart rate, electrocardiogram (ECG) waveforms, photoplethysmogram (PPG) waveforms] [paragraph 0091, a wearer's biological and/or biometric parameters may be sensed by the device, and/or a composite sensor assembly functionally associated or integrated with the device, at or about the time of the transaction, and compared against reference parameters stored in a database or data repository]
and authenticating the user based on the pulse time. [paragraph 0083, output signals of one or more of the two or more, composite sensor assembly and/or device, sensors may be used to provide wearer authentication. Bio-parameter sensors of the composite sensor assembly, and/or of the device, may sense and convey one or more of a wearer's bio-parameters for comparison against pre-stored reference bio-parameters (such as angle of PPG systolic slope, absence of dicrotic notch, level of augmentation index, age index, PTT etc.), which reference bio-parameters may be associated with an identity the wearer has declared. A comparison match between the sensed bio-parameters and the reference bio-parameters may result in an authentication that the wearer is in fact whom they declare themselves to be]
Regarding Claims 2 and 14, Shemesh discloses wherein the first waveform is a first photoplethysmography waveform and the second waveform is a second photoplethysmography waveform. [paragraph 0007, a first sensor integral or otherwise functionally associated with the composite assembly may be an electrocardiogram (ECG) type sensor which may detect electrical signals generated in connection with and/or during a user's heart beats. According to the same embodiment, a second sensor integral or otherwise functionally associated with the composite assembly may be a photoplethysmogram (PPG) type sensor which may optically sense a user's pulse as blood passes through an arterial of the user which is being optically inspected and/or optically monitored by the PPG] [paragraph 0068, According to some embodiments of the present invention, a device, and/or a composite sensor assembly, may measure or derive, directly or indirectly, bio-parameters such as heart rate, electrocardiogram (ECG) waveforms, photoplethysmogram (PPG) waveforms]
Regarding Claims 3 and 15, Shemesh discloses wherein the feature comprises at least one of: a start of beat; a systolic peak; a dicrotic notch; a diastolic peak; or an end of beat. [paragraph 0088, According to some embodiments, bio-parameters which may be used to authenticate a person may include, but are not limited to: PPG characteristics such as systolic time, diastolic time, a ratio of the systolic and diastolic times, a slope of a diastolic period, dicrotic notch availability, DC level (Direct Current level—i.e. part of the signal that has substantially minor changes through time), and/or the like; and/or ECG characteristics such as angles between each element of the ECG cycle. Capacitive sensor readings may also be used]
Regarding Claims 4 and 16, Shemesh discloses wherein the at least one processor; and the at least one memory storing instructions that, when executed by the at least one processor, cause the apparatus to further perform: receiving the first waveform; determining the timestamp associated with the feature within the first waveform; receiving the second waveform; and determining the timestamp associated with the feature within the second photoplethysmography waveform. [paragraph 0007, a first sensor integral or otherwise functionally associated with the composite assembly may be an electrocardiogram (ECG) type sensor which may detect electrical signals generated in connection with and/or during a user's heart beats. According to the same embodiment, a second sensor integral or otherwise functionally associated with the composite assembly may be a photoplethysmogram (PPG) type sensor which may optically sense a user's pulse as blood passes through an arterial of the user which is being optically inspected and/or optically monitored by the PPG] [paragraph 0068, According to some embodiments of the present invention, a device, and/or a composite sensor assembly, may measure or derive, directly or indirectly, bio-parameters such as heart rate, electrocardiogram (ECG) waveforms, photoplethysmogram (PPG) waveforms] [paragraph 0091, a wearer's biological and/or biometric parameters may be sensed by the device, and/or a composite sensor assembly functionally associated or integrated with the device, at or about the time of the transaction, and compared against reference parameters stored in a database or data repository]
Regarding Claims 5 and 17, Shemesh discloses wherein the at least one processor; and the at least one memory storing instructions that, when executed by the at least one processor, cause the apparatus to further perform: receiving the timestamp associated with the feature within the first waveform; and receiving the timestamp associated with the feature within the second waveform. [paragraph 0091, a wearer's biological and/or biometric parameters may be sensed by the device, and/or a composite sensor assembly functionally associated or integrated with the device, at or about the time of the transaction, and compared against reference parameters stored in a database or data repository]
Regarding Claim 6, Shemesh discloses wherein the at least one processor; and the at least one memory storing instructions that, when executed by the at least one processor, cause the apparatus to further perform: determining that the pulse time matches a reference pulse time; and authenticating the user based on the pulse time matching the reference pulse time. [paragraph 0091, The assembly/device may also sense motion parameters of the wearer, alone or in conjunction with sensing the bio-parameters, while the wearer is gesturing a specific gesture, and may convey the motion parameters for comparison to records stored in a database for comparison. One or more stored reference parameters may be associated with an individual whose identity has been verified or who is otherwise known. The parameters sensed by the assembly/device, at or near the time of a transaction, may be compared to reference parameters associated with a declared identity, namely the identity declared by the wearer as they attempt to engage in the transaction]
Regarding Claim 7, Shemesh discloses wherein the at least one processor; and the at least one memory storing instructions that, when executed by the at least one processor, cause the apparatus to further perform: determining the reference pulse time based on a timestamp of the feature within a previous first waveform sensed by the first wearable device on the first region of the user and a timestamp of the feature within a previous second waveform sensed by the second wearable device on the second region of the user. [paragraph 0091, The assembly/device may also sense motion parameters of the wearer, alone or in conjunction with sensing the bio-parameters, while the wearer is gesturing a specific gesture, and may convey the motion parameters for comparison to records stored in a database for comparison. One or more stored reference parameters may be associated with an individual whose identity has been verified or who is otherwise known. The parameters sensed by the assembly/device, at or near the time of a transaction, may be compared to reference parameters associated with a declared identity, namely the identity declared by the wearer as they attempt to engage in the transaction]
Regarding Claim 8, Shemesh discloses wherein the at least one processor; and the at least one memory storing instructions that, when executed by the at least one processor, cause the apparatus to further perform: updating the reference pulse time based on the pulse time. [paragraph 0091, The assembly/device may also sense motion parameters of the wearer, alone or in conjunction with sensing the bio-parameters, while the wearer is gesturing a specific gesture, and may convey the motion parameters for comparison to records stored in a database for comparison. One or more stored reference parameters may be associated with an individual whose identity has been verified or who is otherwise known. The parameters sensed by the assembly/device, at or near the time of a transaction, may be compared to reference parameters associated with a declared identity, namely the identity declared by the wearer as they attempt to engage in the transaction]
Regarding Claim 9, Shemesh discloses wherein the first wearable device and the second wearable device are time synchronized. [paragraph 0006, Sensors of different sensor types may be operated in a synchronous manner in order to obtain measurements usable for deriving a biological parameter which is not measurable by any of the operated sensors individually]
Regarding Claim 10 and 18, Shemesh discloses wherein the at least one processor; and the at least one memory storing instructions that, when executed by the at least one processor, cause the apparatus to further perform: determining a first inter-beat interval based on a timestamp associated with the feature within the first waveform wearable device and a timestamp associated with a consecutive feature within the first waveform wearable device; determining a second inter-beat interval based on a timestamp associated with a feature within the second waveform sensed by the second wearable device on the second region of the user and a timestamp associated with a consecutive feature within the second waveform wearable device; [paragraph 0007, a first sensor integral or otherwise functionally associated with the composite assembly may be an electrocardiogram (ECG) type sensor which may detect electrical signals generated in connection with and/or during a user's heart beats. According to the same embodiment, a second sensor integral or otherwise functionally associated with the composite assembly may be a photoplethysmogram (PPG) type sensor which may optically sense a user's pulse as blood passes through an arterial of the user which is being optically inspected and/or optically monitored by the PPG] [paragraph 0068, According to some embodiments of the present invention, a device, and/or a composite sensor assembly, may measure or derive, directly or indirectly, bio-parameters such as heart rate, electrocardiogram (ECG) waveforms, photoplethysmogram (PPG) waveforms] [paragraph 0091, a wearer's biological and/or biometric parameters may be sensed by the device, and/or a composite sensor assembly functionally associated or integrated with the device, at or about the time of the transaction, and compared against reference parameters stored in a database or data repository]
and authenticating the user based on the first inter-beat interval and the second inter-beat interval. [paragraph 0049, combining ECG type sensor and PPG type sensor outputs may further enable the measurement of a subject's: Heart Rate, Heart Rate Variability]
Regarding Claims 11 and 19, Shemesh discloses wherein the at least one processor; and the at least one memory storing instructions that, when executed by the at least one processor, cause the apparatus to further perform: determining that the first inter-beat interval matches the second inter-beat interval; and authenticating the user based the first inter-beat interval matching the second inter-beat interval. [paragraph 0049, combining ECG type sensor and PPG type sensor outputs may further enable the measurement of a subject's: Heart Rate, Heart Rate Variability]
Regarding Claim 12, Shemesh discloses wherein at least one of the first wearable device or the second wearable device comprise at least one of: a phone; a watch; a ring; a wrist band; an arm band; a chest strap; an earbud; a garment; a headset; a head mounted visor; or glasses. [paragraph 0103, When a user/wearer straps the wristwatch band on their arm wrist, the PPG sensors and ECG lead come in contact and touch the wearer's wrist] [paragraph 0107, In FIG. 8A there is shown a device (e.g. a smartphone) or device case on which two Combined ECG/PPG Units are positioned. Each of the Combined ECG/PPG Units shown includes: a PPG Sensor Assembly comprising LEDs to emit light and Photo Diodes (PDs) to generate signals based on light emitted by the LEDs and reflected from the skin of a subject]
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW J STEINLE whose telephone number is (571)272-9923. The examiner can normally be reached M-F 10am-6pm CT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eleni Shiferaw can be reached at (571) 272-3867. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW J STEINLE/Primary Examiner, Art Unit 2497
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