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 .
Specification
The disclosure is objected to because of the following informalities:
On page 1 of the specification, the status of co-pending applications should be updated.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-4 and 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gu (US 2018/0263519) in view of Ahmed et al. (US 2014/0350356; hereinafter Ahmed).
Gu shows a heart rate detecting device ([0023]), comprising: an image sensor, configured to generate a plurality of image frames from a subject ([0023]); and a processor, configured to output a heart rate value based on a light intensity variance of the plurality of image frames associated with the first light combination or the second light combination ([0026]).
Gu fails to show according to a first light combination of multiple light wavelengths, emitted together, or a second light combination of multiple light wavelengths, emitted together.
Gu also fails to show wherein the first light combination includes at least one light wavelength different from the second light combination; wherein the first light combination is totally different from the second light combination; wherein the first light combination is the same as the second light combination; wherein the processor is configured to output the heart rate value based on the light intensity variance associated with the first light combination and the second light combination, alternatively; wherein the first light combination and the second light combination are respectively an intensity sum of light passing through or reflected from the subject.
Ahmed discloses determining heart rate with reflected data. Ahmed teaches according to a first light combination of multiple light wavelengths, emitted together, or a second light combination of multiple light wavelengths, emitted together ([0129]). Ahmed also teaches wherein the first light combination includes at least one light wavelength different from the second light combination (any suitable combination of light wavelengths may be selected, [0129]); wherein the first light combination is totally different from the second light combination (any suitable combination of light wavelengths may be selected, [0129); wherein the first light combination is the same as the second light combination (any suitable combination of light wavelengths may be selected, [0129]); wherein the processor is configured to output the heart rate value based on the light intensity variance associated with the first light combination and the second light combination, alternatively (automatically adjust operational characteristics of the light emitters ensuring that all heart beats are reliably and continuously detected, [0121]); wherein the first light combination and the second light combination are respectively an intensity sum of light passing through or reflected from the subject ([0139], [0143]-[0145]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of Gu to obtain measurements at multiple light wavelengths as taught by Ahmed, in order to obtain additional diagnostic measurements related to the patient’s blood corresponding to the wavelengths, or to improve measurement accuracy during patient motion (Ahmed, [0129]), and to control the operational characteristics of the light emitters/detectors to minimize power consumption while ensuring that all heart beats of the user are reliably and continuously detected ([0121]).
Claim(s) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gu (US 2018/0263519) in view of Ahmed et al. (US 2014/0350356; hereinafter Ahmed) as applied to claim 1 above, and further in view of Diab et al. (US 2008/0033266; hereinafter Diab).
Gu fails to show wherein an intensity ratio between the multiple light wavelengths in the first light combination is partially different from that in the second light combination; wherein an intensity ratio between the multiple light wavelengths in the first light combination is totally different from that in the second light combination.
Diab discloses a signal processing apparatus for measuring blood oxygen saturation. Diab teaches wherein an intensity ratio between the multiple light wavelengths in the first light combination is partially different from that in the second light combination (intensity ratio depends upon selected wavelengths; [0156]-[0159], [0272], [0291], [0341], [0344], [0359]-[0360], [0420]); wherein an intensity ratio between the multiple light wavelengths in the first light combination is totally different from that in the second light combination (intensity ratio depends upon selected wavelengths; [0156]-[0159], [0272], [0291], [0341], [0344], [0359]-[0360], [0420]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the combined invention of Gu and Ahmed to obtain an intensity ratio as taught by Diab, in order to obtain additional diagnostic measurements related to the patient’s blood, including a blood oxygen saturation measurement (Diab, [0013]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Lamego (US 2021/0022676) discloses heart monitoring devices including red/infrared ratios ([0260]-[0262]).
Richards (US 2021/0330207) discloses a PPG sensor including the benefits of measuring with different wavelengths including green, red, infrared ([0004]-[0005]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN CWERN whose telephone number is (571)270-1560. The examiner can normally be reached Monday - Friday, 8:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Koharski can be reached at (571) 272-7230. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN CWERN/Primary Examiner, Art Unit 3797
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