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 .
Note: all citations with respect to the specification of present application are citing the paragraph numbers in the Pre-Grant Publication US 2025/0281055 A1.
Claim Objections
Claim 1, 6 – 8, 13, 14, 16 and 18 – 20 are objected to because of the following informalities:
Claim 1 line 11, limitation "rests" should read "is configured to rest".
Claim 1 line 12, limitation "rests" should read "is configured to rest".
Claim 6 line 3, limitation "that touches" should read "that is configured to touch".
Claim 6 line 5, limitation "that touches" should read "that is configured to touch".
Claim 7 line 3, limitation "faces" should read "is configured to face".
Claim 8 line 2, limitation "wherein at least one of the following is true" should read "further comprising at least one of".
Claim 8 line 3, limitation "faces" should read "facing".
Claim 8 line 6, limitation "faces" should read "facing".
Claim 13 line 3, limitation "that touches" should read "that is configured to touch".
Claim 13 line 4, limitation "that touches" should read "that is configured to touch".
Claim 14 line 3, limitation "that touches" should read "that is configured to touch".
Claim 14 line 4, limitation "that touches" should read "that is configured to touch".
Claim 16 line 2, limitation "that physically connects" should read "that is configured to physically connect".
Claim 18 line 5, limitation " a given cushioning element" should read "the given element".
Claim 19 is recommended to rewrite into independent claim format to avoid potential 112(b) issue.
Claim 20 is recommended to rewrite into independent claim format to avoid potential 112(b) issue.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Limitations “first cushioning element” and “second cushioning element” in claim 1, 4, 6, 10, 11, 13, 14, 16, 18 and 20.
Limitation “light transmitting element” in claim 1, 3, 7 – 10, 17 and 20.
Limitation “light sensing element” in claim 1, 3, 7 – 10, 17 and 20.
Limitation “optical apparatus” in claim 1, 16 – 18 and 20.
Limitation “arm element” in claim 16 – 18.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
Regarding limitations “first cushioning element” and “second cushioning element” in claim 1, 4, 6, 10, 11, 13, 14, 16, 18 and 20, the corresponding structural disclosure in the specification of present application is recited as: “Throughout the present disclosure, the term “cushioning element” refers to an element that rests on a given side of the user's nose … A given cushioning element is designed to provide a soft and a supportive surface to the user's nose, when the nose pad assembly is in use (namely, when the optical apparatus is worn by the user)” in [0027].
Regarding limitation “light transmitting element” in claim 1, 3, 7 – 10, 17 and 20, the corresponding structural disclosure in the specification of present application is recited as: “Throughout the present disclosure, the term “light transmitting element” refers to an element that is capable of emitting light. Examples of the light transmitting element include, but are not limited to, a light-emitting diode (LED), and a laser” in [0037].
Regarding limitation “light sensing element” in claim 1, 3, 7 – 10, 17 and 20, the corresponding structural disclosure in the specification of present application is recited as: “Throughout the present disclosure, the term “light sensing element” refers to an element that is capable of sensing light. Examples of the light sensing element include, but are not limited to, a photodiode, a phototransistor, a photonic sensor” in [0037].
Regarding limitation “optical apparatus” in claim 1, 16, 18 and 20, the corresponding structural disclosure in the specification of present application is recited as: “Throughout the present disclosure, the term “optical apparatus” refers to an apparatus that is to be worn over eyes of the user. Examples of such an optical apparatus include, but are not limited to, a pair of glasses, a pair of sunglasses, and smart glasses” in [0026].
Regarding limitation “arm element” in claim 16 – 18, the corresponding structural disclosure in the specification of present application is recited as: “Herein, the term “arm element” refers to a mechanical element that is capable of physically connecting the first cushioning element and the second cushioning element through the bridge portion of the optical apparatus. It will be appreciated that the arm element may not necessarily be implemented as one single arm element, but could be implemented as two (separate) arm elements, wherein one of the two arm element connects the first cushioning element through the bridge, and another of the two arm elements connects the second cushioning element through the bridge” in [0029].
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 1 – 5, 7, 9 – 13 and 15 – 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kaplan et al. (US 2023/0172468 A1; published on 06/08/2023) (hereinafter "Kaplan").
Regarding claim 1, Kaplan teaches a nose pad assembly for measuring heart rate ("FIGS. 4A-4C illustrate the wiring and signaling configuration for PPG sensors 407 in nose pads 460-1 and 460-2 (hereinafter, collectively referred to as “nose pads 460”) of a smart glass or headset 400 …" [0037]; "In some embodiments, step 708 includes determining a heart rate for the subject based on a frequency of peaks in the first waveform." [0052]), the nose pad assembly comprising:
a first cushioning element and a second cushioning element ("Nose pads 460 may be custom designed to achieve better contact/fit across a population … such as casing 445 …" [0037]; see Fig.4A and 4B), wherein a first inner surface of the first cushioning element and a second inner surface of the second cushioning element are capable of redirecting light (by using the term "capable of", this limitation is functional language describing an intended use of an apparatus which does not limit the structural component in an apparatus claim. "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co.v.Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 {Fed. Cir. 1990} {emphasis in original}. A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 {Bd. Pat. App. & Inter. 1987}; see MPEP 2114; in addition, any material is capable of redirecting light due to different refractive index as material property);
a light transmitting element arranged in the first cushioning element ("… emitters 413-1 and 413-2 (hereinafter, collectively referred to as “emitters 413”) …" [0037]; see Fig.4A, the transmission mode);
a light sensing element arranged in the second cushioning element ("… and receivers 411-1 and 411-2 (hereinafter, collectively referred to as “receivers 411”) …" [0037]; see Fig.4A, the transmission mode); and
at least one processor ("A processor 512 may collect and process the signal from PPG sensor 507." [0042]) arranged in an optical apparatus in which the nose pad assembly is employed (see Fig.5, the processor 512), wherein when the optical apparatus is worn by a user, the bridge portion is in proximity of the user's nose such that the first cushioning element rests on a first side of the user's nose and the second cushioning element rests on a second side of the user's nose (see Fig.4A and Fig.6, bridge portion of the frame is inherent element of eyeglasses and the above limitation is inherent result of any eyeglasses worn by a user), wherein the at least one processor is configured ("A processor 512 may collect and process the signal from PPG sensor 507." [0042]; "… stores instructions which, when executed by a processor, cause a computer to perform a method …" [0007]) to:
control the light transmitting element to emit light ("… directing a first optical signal to a first point in a perfused tissue of a subject …" [0007]; "A processor 512 may collect and process the signal from PPG sensor 507 ... Waveform 510-3 are generated by one of receivers 511 with emitter 513-1 in a transmission configuration." [0042]), wherein the light passes through the user's nose towards the light sensing element ("Note that IR LED emitter 413-1 is aligned with receiver 411-2 to maximize the signal through the user's nose in transmission mode." [0038]), and wherein at least a portion of the light is redirected by at least one of: the first inner surface, the second inner surface, during said passage (see Fig.4A, light redirection happens at any interface between two mediums); and
process sensor data ("… forming a first waveform with the interacted portion of the first optical signal, and determining ..." [0007]), collected by the light sensing element ("… collecting, from the first point of the perfused tissue of the subject, an interacted portion of the first optical signal …" [0007]; "A processor 512 may collect and process the signal from PPG sensor 507 ... Waveform 510-3 are generated by one of receivers 511 with emitter 513-1 in a transmission configuration." [0042]), to determine the heart rate of the user ("... and determining a cardiovascular value of the subject based on the first waveform." [0007]; "The distance between the peaks and throughs in waveforms 510 is indicative of a heart rate." [0043]; "... step 708 includes determining a heart rate for the subject based on a frequency of peaks in the first waveform." [0052]).
Although the position of the Kaplan's processor 512 is not arranged in a bridge portion of an optical apparatus, shifting the position of known element would not modify the operation of the processor and the device. It would have been prima facie obvious to one ordinary skilled in the art before the effective filing date of the invention to modify the position of processor on the eyeglasses frame as taught by Kaplan to the bridge portion of the frame. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) and In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975).
Regarding claim 2, Kaplan teaches all claim limitations, as applied in claim 1, and further teaches wherein the at least one of: the first inner surface, the second inner surface, is made of a reflective material ("One of the conveniences of using nose pads 460 to mount PPG sensors 407 is the ability to use sheet metal pieces (e.g., bracket 440) to shape nose pads 460 …" [0037]; metal pieces are reflective material).
Regarding claim 3, Kaplan teaches all claim limitations, as applied in claim 1, and further teaches wherein the first inner surface and the second inner surface are concave in shape, a radius of said concave shape being selected so as to maximize transmission of the light from the light transmitting element to the light sensing element ("One of the conveniences of using nose pads 460 to mount PPG sensors 407 is the ability to use sheet metal pieces (e.g., bracket 440) to shape nose pads 460 with an angle in the coronal plane and in the transverse plane so as to snugly fit on the user's nose. This guarantees proper contact between emitters 413-1 and 413-2 (hereinafter, collectively referred to as “emitters 413”) and receivers 411-1 and 411-2 (hereinafter, collectively referred to as “receivers 411”) with the user's skin, enhancing signal-to-noise (SNR) ratio." [0037]; proper contact with skin is key parameter for light transmission to skin; "Note that IR LED emitter 413-1 is aligned with receiver 411-2 to maximize the signal through the user's nose in transmission mode." [0038]).
Regarding claim 4, Kaplan teaches all claim limitations, as applied in claim 1, and further teaches wherein at least one of: a first outer surface that lies opposite to the first inner surface at a first side of the first cushioning element, a second outer surface that lies opposite to the second inner surface at a second side of the second cushioning element, is coated with a light-blocking material ("… such as casing 445 in different colors, opaque …" [0037]; opaque casing is light-blocking; the casing is on the outer surface, see Fig.4B).
Regarding claim 5, Kaplan teaches all claim limitations, as applied in claim 4, and further teaches wherein the light-blocking material has light-absorbing properties ("… such as casing 445 in different colors, opaque …" [0037]; opaque is a light-absorbing property).
Regarding claim 7, Kaplan teaches all claim limitations, as applied in claim 1, and further teaches wherein a light transmitting surface of the light transmitting element faces a light-sensing surface of the light sensing element ("Note that IR LED emitter 413-1 is aligned with receiver 411-2 to maximize the signal through the user's nose in transmission mode." [0038]; see Fig.4A).
Regarding claim 9, Kaplan teaches all claim limitations, as applied in claim 1, and further teaches wherein a directivity of the light sensing element is compatible with a directivity of the light transmitting element ("Note that IR LED emitter 413-1 is aligned with receiver 411-2 to maximize the signal through the user's nose in transmission mode." [0038]; see Fig.4A).
Regarding claim 10, Kaplan teaches all claim limitations, as applied in claim 1, and further teaches wherein the first cushioning element and the second cushioning element are removably attached to the light transmitting element and the light sensing element, respectively ("One of the conveniences of using nose pads 460 to mount PPG sensors 407 is the ability to use sheet metal pieces (e.g., bracket 440) …" [0037]; see Fig.4B).
Regarding claim 11, Kaplan teaches all claim limitations, as applied in claim 1, and further teaches wherein a material of the first cushioning element and the second cushioning element is soft and flexible, and is only transparent for the light that is used for measuring the heart rate ("Nose pads 460 may be custom designed to achieve better contact/fit across a population ... such as casing 445 in different colors, opaque, or even transparent. This is important to guarantee that at least one of PPG sensors 407 will provide a useful signal for most or all users." [0037]).
Regarding claim 12, Kaplan teaches all claim limitations, as applied in claim 1, and further teaches wherein the light is one of: near-infrared light, green light, red light, white light ("The electromagnetic radiation may include light generated by a laser or a light emitting diode (LED) in the visible wavelength range (e.g., blue, green, or red), in the near-infrared wavelength range (NIR, e.g., between 750-2500 nm), or in the infrared wavelength range (IR, e.g., between 2500-10000 nm or more)." [0023]).
Regarding claim 13, Kaplan teaches all claim limitations, as applied in claim 1, and further teaches wherein at least one of: a third side of the first cushioning element that touches the first side of the user's nose and a fourth side of the second cushioning element that touches the second side of the user's nose, has a soft interface layer which is optically transparent for the light that is used for measuring the heart rate ("Nose pads 460 may be custom designed to achieve better contact/fit across a population ... such as casing 445 in … or even transparent. This is important to guarantee that at least one of PPG sensors 407 will provide a useful signal for most or all users." [0037]; the whole pad has several sides contacting nose).
Regarding claim 15, Kaplan teaches all claim limitations, as applied in claim 1, and further teaches wherein the at least one processor is further configured to:
generate a visual representation of how the heart rate of the user varies over a given time period ("… feedback provided to the consumer can be any form of sensory feedback, e.g., visual feedback …" [0064]);
provide the visual representation on a user interface of a user device associated with the user ("Exemplary output devices 916 include display devices, such as an LCD (liquid crystal display) monitor, for displaying information to the consumer." [0064]).
Regarding claim 16, Kaplan teaches all claim limitations, as applied in claim 1, and further teaches an arm element that physically connects the first cushioning element and the second cushioning element through the bridge portion of the optical apparatus (see Fig.4A).
Regarding claim 17, Kaplan teaches all claim limitations, as applied in claim 16, and further teaches wherein the arm element comprises electrical circuitry to electrically connect the light transmitting element with the at least one processor, and to electrically connect the light sensing element with the at least one processor ("Electrical connectors 425-1 and 425-2 (hereinafter, collectively referred to as “connectors 425”) provide power and control signals to PPG sensors 407." [0038]; see also Fig.5, the wire is routed to processor 512).
Regarding claim 18, Kaplan teaches all claim limitations, as applied in claim 16, and further teaches wherein:
the arm element and a given cushioning element are implemented as separate individual elements, wherein the arm element is arranged on any one of: the bridge portion of the optical apparatus, a rim of a frame of the optical apparatus (see Fig.4A).
Regarding claim 19, Kaplan teaches an optical apparatus ("… in a smart glass 200 …" [0033]) comprising:
a frame employed to hold an optical element per eye ("… a headset includes a frame for holding two eyepieces …" [0004]), wherein a bridge portion of the frame rests on a user's nose when the optical apparatus is worn by the user ("… the frame having two nose pads to rest on a user's nose …" [0004]; see bridge portion in Fig.2 and 4A); and
a nose pad assembly according to claim 1 (see rejection of claim 1), wherein the nose pad assembly is attached to the bridge portion of the frame (see Fig.4A).
Regarding claim 20, Kaplan teaches a method for measuring heart rate ("… a computer-implemented method … determining a cardiovascular value …" [0005]; "In some embodiments, step 708 includes determining a heart rate for the subject based on a frequency of peaks in the first waveform." [0052]) using a nose pad assembly of claim 1 (see rejection of claim 1), the method comprising:
controlling a light transmitting element, arranged in a first cushioning element, for emitting light ("… directing a first optical signal to a first point in a perfused tissue of a subject …" [0007]; "A processor 512 may collect and process the signal from PPG sensor 507 ... Waveform 510-3 are generated by one of receivers 511 with emitter 513-1 in a transmission configuration." [0042]; see Fig.4A and 5, the emitter 413/513 is located in nose pad), wherein the light passes through a user's nose towards a light sensing element arranged in a second cushioning element ("Note that IR LED emitter 413-1 is aligned with receiver 411-2 to maximize the signal through the user's nose in transmission mode." [0038]; see Fig.4A and 5, the receiver 411/511 is located in nose pad), and wherein at least a portion of the light is redirected by at least one of: a first inner surface of the first cushioning element, a second inner surface of the second cushioning element, during said passage (any material is capable of redirecting light due to refractive index changing between two medium); and
processing sensor data ("… forming a first waveform with the interacted portion of the first optical signal, and determining ..." [0007]), collected by the light sensing element ("… collecting, from the first point of the perfused tissue of the subject, an interacted portion of the first optical signal …" [0007]; "A processor 512 may collect and process the signal from PPG sensor 507 ... Waveform 510-3 are generated by one of receivers 511 with emitter 513-1 in a transmission configuration." [0042]), for determining the heart rate of the user of an optical apparatus in which the nose pad assembly is employed ("... and determining a cardiovascular value of the subject based on the first waveform." [0007]; "The distance between the peaks and throughs in waveforms 510 is indicative of a heart rate." [0043]; "... step 708 includes determining a heart rate for the subject based on a frequency of peaks in the first waveform." [0052]).
Claim 6, 8 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Kaplan, as applied in claim 1, and further in view of Nadeau et al. (US 2017/0164848 A1; published on 06/15/2017) (hereinafter "Nadeau").
Regarding claim 6, Kaplan teaches all claim limitations, as applied in claim 1, except wherein at least one of: the first inner surface, the second inner surface, a third side of the first cushioning element that touches the first side of the user's nose, a fourth side of the second cushioning element that touches the second side of the user's nose, has at least one of: a perforation, a groove, a bulge.
However, in the same field of endeavor, Nadeau teaches wherein at least one of: the first inner surface, the second inner surface, has a groove ("FIG. 4 depicts another example of an optical biological parameter sensor with a collimating light source assembly that includes a Fresnel lens." [0081]).
It would have been prima facie obvious to one ordinary skilled in the art before the effective filing date of the invention to modify the PPG sensor and its interface with skin as taught by Kaplan with light field re-directive optics on the skin interface for PPG sensor as taught by Nadeau. By providing "collimation of the light from the light source followed by, or in combination with, an angular tilt of the resulting wholly or partially collimated light towards the photodetector", it is possible to "offer superior performance as compared with conventional optical biological parameter sensor designs" (see Nadeau; [0061]).
Regarding claim 8, Kaplan teaches all claim limitations, as applied in claim 1, except wherein at least one of the following is true: a light transmitting surface of the light transmitting element faces the first inner surface, such that the light is redirected by the first inner surface towards the light sensing element; a light-sensing surface of the light sensing element faces the second inner surface, such that the light is redirected by the second inner surface towards the light-sensing surface.
However, in the same field of endeavor, Nadeau teaches wherein a light-sensing surface of the light sensing element faces the second inner surface, such that the light is redirected by the second inner surface towards the light-sensing surface ("The optical light field collection optics 440 in this example are arranged to provide a lensing effect and thus concentrate the diffusively reflected, sample-modulated light emanating from the dermis 448 on the first photodetector 418 in addition to potentially providing some light redirection functionality." [0082]).
It would have been prima facie obvious to one ordinary skilled in the art before the effective filing date of the invention to modify the PPG sensor and its interface with skin as taught by Kaplan with light field re-directive optics on the skin interface for PPG sensor as taught by Nadeau. By providing "collimation of the light from the light source followed by, or in combination with, an angular tilt of the resulting wholly or partially collimated light towards the photodetector", it is possible to "offer superior performance as compared with conventional optical biological parameter sensor designs" (see Nadeau; [0061]).
Regarding claim 14, Kaplan teaches all claim limitations, as applied in claim 1, except wherein a surface of at least one of: a third side of the first cushioning element that touches the first side of the user's nose, a fourth side of the second cushioning element that touches the second side of the user's nose, has at least one of: a rough texture, an anti-reflective coating, a refractive index that is closely-matched to a refractive index of the user's nose.
However, in the same field of endeavor, Nadeau teaches wherein a surface of at least one of: a third side of the first cushioning element that touches the first side of the user's nose has a rough texture ("FIG. 4 depicts another example of an optical biological parameter sensor with a collimating light source assembly that includes a Fresnel lens." [0081]; see Fig.4).
It would have been prima facie obvious to one ordinary skilled in the art before the effective filing date of the invention to modify the PPG sensor and its interface with skin as taught by Kaplan with light field re-directive optics on the skin interface for PPG sensor as taught by Nadeau. By providing "collimation of the light from the light source followed by, or in combination with, an angular tilt of the resulting wholly or partially collimated light towards the photodetector", it is possible to "offer superior performance as compared with conventional optical biological parameter sensor designs" (see Nadeau; [0061]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yang et al. (US 2023/0210389 A1; published on 07/06/2023) teach an optical transmitter and photosensitive apparatus with non-transparent light-shielding region.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHAO SHENG whose telephone number is (571)272-8059. The examiner can normally be reached Monday to Friday, 8:30 am to 5:00 pm.
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/CHAO SHENG/ Primary Examiner, Art Unit 3797