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.
Claims 1-20 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 term “such that the electromagnetic radiation measured by the sensor is substantially electromagnetic radiation generated by the plurality of light sources” in claim 1 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
The term “such that the electromagnetic radiation measured by the sensor is substantially electromagnetic radiation generated by the plurality of light sources” in claim 11 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 3, 5-11, 13 & 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hall et al(US20180092602A1; hereinafter referred to as Hall) in view of Wang et al (US20230157641A1; hereinafter referred to as Wang).
Regarding Claim 1, Hall discloses an apparatus (“This invention relates generally to a field of heart health data collection devices, and more specifically to determining a cardiac function of a toilet seat user using photoplethysmography.” [0001]), comprising:
a support structure disposed in a seat of a toilet (“The Group of PPG sensors is located on toilet seat 102 being recessed in the surface allowing a substantially planer top surface where a user of the toilet may sit and contact skin while using toilet seat 102.” [0021], see Fig. 1 below);
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a plurality of light sources disposed on the support structure and configured to generate electromagnetic radiation that can be delivered to tissue of a subject seated on the toilet (“PPG sensors 120 may each include a photodetector. One or more of the PPG sensors may include light transmitters to illuminate tissue and detect blood profusion of the toilet user, in conjunction with the photodetectors which are used to measure small variations in light intensity associated with changes in blood vessel volume. Increase in blood volume indicates decrease in light intensity and vice versa.” [0024],
the plurality of light sources including at least two types of light sources (“A group of contiguous PPG sensors may be arranged in a two-dimensional array. The contiguous PPG sensors may comprise photodiode devices, charge-coupled devices (CCDs), active-pixel sensors, or complementary metal-oxide-semiconductor (CMOS) sensors. The contiguous PPG sensors may comprise light emitting diodes or laser diodes. The contiguous PPG sensors may comprise both light transmitters and light receivers. Combining the PPG measurements may comprise selectively averaging two or more of the PPG measurements. “ [0004];
a sensor disposed on the support structure, the sensor configured to measure electromagnetic radiation(“The Group of PPG sensors is located on toilet seat 102 being recessed in the surface allowing a substantially planer top surface where a user of the toilet may sit and contact skin while using toilet seat 102.” [0021]);
and a processor operatively coupled to the plurality of light sources and the sensor (“Controller may include memory, one or more processors, wireless and wired transceivers and be operably connected to PPG array sensors.” [0022]), the processor configured to:
receive signals from the sensor, the signals associated with different sensing paths between at least one light source from the plurality of light sources and the sensor (“toilet seat 102 includes a controller 118. Controller 118 may be coupled via a wire or wirelessly to PPG sensors 120. Controller may include memory, one or more processors, wireless and wired transceivers and be operably connected to PPG array sensors. Controller 118 may communicate with remote computers and user devices over the Internet or through direct local connections. Controller 118 may receive PPG measurements as well as timing data, and may store them in memory for later use. The controller may be coupled to a power source such as a wall outlet, batteries, etc. Additionally, the controller may control power flow or data communications to and from PPG array sensors 120.” [0022);
and process the signals to determine a physiological parameter of the subject (“the controller combines the PPG measurements into the conditional combinations and may use the conditional combinations in determining values for metrics relating to cardiac health. The previously mentioned metrics may include blood-oxygen saturation levels, systolic and diastolic pressures, frequency of premature ventricular contraction, heart beat rate, pulse transit time, pulse arrival time, pulse wave velocity, systolic amplitude, pulse width, pulse area, arterial stiffness index, etc.” [0023]).
Hall does not specifically discloses a partitioning element disposed about the plurality of light sources and the sensor, the partitioning element configured to reduce lateral leakage of electromagnetic radiation from the plurality of light sources to the sensor such that the electromagnetic radiation measured by the sensor is substantially electromagnetic radiation generated by the plurality of light sources and scattered by tissue of the subject when the subject is seated on the toilet.
However, in a similar field of endeavor, Wang teaches an absolute isolated light path structure, and a seat ring and a toilet seat using the absolute isolated light path structure [Abstract].
Wang also teaches a partitioning element disposed about the plurality of light sources and the sensor, the partitioning element configured to reduce lateral leakage of electromagnetic radiation from the plurality of light sources to the sensor such that the electromagnetic radiation measured by the sensor is substantially electromagnetic radiation generated by the plurality of light sources and scattered by tissue of the subject when the subject is seated on the toilet (“Provided is an absolute isolated light path structure, which includes: a light blocking plate; and a light emitting device and a light receiving device separated by the light blocking plate, wherein the light blocking plate is configured to block light propagation between the light emitting device and the light receiving device.” [0006])
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Hall as outlined above with a partitioning element disposed about the plurality of light sources and the sensor, the partitioning element configured to reduce lateral leakage of electromagnetic radiation from the plurality of light sources to the sensor such that the electromagnetic radiation measured by the sensor is substantially electromagnetic radiation generated by the plurality of light sources and scattered by tissue of the subject when the subject is seated on the toilet as taught by Wang, because it is necessary to provide an absolute isolated light path structure to avoid interference from the light emitting portion to the light receiving portion [0005].
Regarding Claim 3, Hall discloses that the sensor includes a photodiode (“The contiguous PPG sensors may comprise photodiode devices” [0004].
Regarding Claim 5, Hall discloses further comprising a cover coupled to the seat, the cover configured to shield the plurality of light sources and the sensor from the tissue of the subject while allowing the electromagnetic radiation generated by the plurality of light sources to pass through (“Cover glass 612 provides a smooth flat transparent surface for a user's thigh 624 to rest on while also providing protection to the PPG sensor array. Light sources 608 and 610 and circuit board 606 may be attached to cover glass 612 using glue or other adhesive material disposed between light sources 608 and light detectors 610.” [0040]).
Regarding Claim 6, Hall discloses further comprising one or more spacers configured to collectively define: a predetermined distance between the sensor and the cover; and a predetermined distance between each light source from the plurality of light sources and the cover (“The sensor array includes light sources 608 and light detectors 610 forming a matrix of contiguous PPG sensors on a surface of toilet seat 602. Circuit board 606 has light sources 608 and light detectors 610 operably connected to a top side of circuit board 606 and processor/controller/memory 614, battery 616, transceiver 618, and antenna 622 operably connected to a bottom side of circuit board 606. The PPG sensor array may be disposed in a recess such as 620 in toilet seat 602. Other circuit and wiring arrangements are possible. Cover glass 612 provides a smooth flat transparent surface for a user's thigh 624 to rest on while also providing protection to the PPG sensor array. Light sources 608 and 610 and circuit board 606 may be attached to cover glass 612 using glue or other adhesive material disposed between light sources 608 and light detectors 610.” [0040]).
Regarding Claim 7, Hall discloses the signals received from the sensor are indicative of a photoplethysmogram (PPG) of the subject (“A method of conditionally combining photoplethysmography (PPG) measurements is disclosed that overcomes or improves upon the limitations discussed above. In general, a synthetic aperture photoplethysmography (PPG) sensor is disclosed. “ [0004]).
Regarding Claim 8, Hall discloses the signals received from the sensor include: a first signal associated with a first sensing path between a first light source from the plurality of light sources and the sensor; and a second signal associated with a second sensing path between a second light source from the plurality of light sources and the sensor (“toilet seat 102 includes a controller 118. Controller 118 may be coupled via a wire or wirelessly to PPG sensors 120. Controller may include memory, one or more processors, wireless and wired transceivers and be operably connected to PPG array sensors. Controller 118 may communicate with remote computers and user devices over the Internet or through direct local connections. Controller 118 may receive PPG measurements as well as timing data, and may store them in memory for later use. The controller may be coupled to a power source such as a wall outlet, batteries, etc. Additionally, the controller may control power flow or data communications to and from PPG array sensors 120.” [0022], .
Regarding Claim 9, Hall discloses the first signal and the second signal are measured sequentially by the sensor (“A method of conditionally combining PPG measurements is described. The method includes obtaining PPG measurements from PPG sensors and combining the PPG measurements into conditional combinations. The conditional combinations are combined dependent on timing data and signal-to-noise ratios corresponding to each of the PPG measurements. Combining the PPG measurements includes averaging timing data corresponding to the PPG measurements.” [0035]).
Regarding Claim 10, Hall discloses the first signal and the second signal are measured simultaneously by the sensor (“the controller combines the PPG measurements into the conditional combinations and may use the conditional combinations in determining values for metrics relating to cardiac health. The previously mentioned metrics may include blood-oxygen saturation levels, systolic and diastolic pressures, frequency of premature ventricular contraction, heart beat rate, pulse transit time, pulse arrival time, pulse wave velocity, systolic amplitude, pulse width, pulse area, arterial stiffness index, etc.” [0023]).
Regarding Claim 11, Hall discloses a system, including: a seat of a toilet (“This invention relates generally to a field of heart health data collection devices, and more specifically to determining a cardiac function of a toilet seat user using photoplethysmography.” [0001]);
a support structure disposed in a seat of a toilet (“The Group of PPG sensors is located on toilet seat 102 being recessed in the surface allowing a substantially planer top surface where a user of the toilet may sit and contact skin while using toilet seat 102.” [0021], see Fig. 1 below);
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a plurality of light sources disposed on the support structure and configured to generate electromagnetic radiation that can be delivered to tissue of a subject seated on the toilet (“PPG sensors 120 may each include a photodetector. One or more of the PPG sensors may include light transmitters to illuminate tissue and detect blood profusion of the toilet user, in conjunction with the photodetectors which are used to measure small variations in light intensity associated with changes in blood vessel volume. Increase in blood volume indicates decrease in light intensity and vice versa.” [0024],
the plurality of light sources including at least two types of light sources (“A group of contiguous PPG sensors may be arranged in a two-dimensional array. The contiguous PPG sensors may comprise photodiode devices, charge-coupled devices (CCDs), active-pixel sensors, or complementary metal-oxide-semiconductor (CMOS) sensors. The contiguous PPG sensors may comprise light emitting diodes or laser diodes. The contiguous PPG sensors may comprise both light transmitters and light receivers. Combining the PPG measurements may comprise selectively averaging two or more of the PPG measurements. “ [0004];
a sensor disposed on the support structure, the sensor configured to measure electromagnetic radiation(“The Group of PPG sensors is located on toilet seat 102 being recessed in the surface allowing a substantially planer top surface where a user of the toilet may sit and contact skin while using toilet seat 102.” [0021]);
and a processor operatively coupled to the plurality of light sources and the sensor (“Controller may include memory, one or more processors, wireless and wired transceivers and be operably connected to PPG array sensors.” [0022]), the processor configured to:
receive signals from the sensor, the signals associated with different sensing paths between at least one light source from the plurality of light sources and the sensor (“toilet seat 102 includes a controller 118. Controller 118 may be coupled via a wire or wirelessly to PPG sensors 120. Controller may include memory, one or more processors, wireless and wired transceivers and be operably connected to PPG array sensors. Controller 118 may communicate with remote computers and user devices over the Internet or through direct local connections. Controller 118 may receive PPG measurements as well as timing data, and may store them in memory for later use. The controller may be coupled to a power source such as a wall outlet, batteries, etc. Additionally, the controller may control power flow or data communications to and from PPG array sensors 120.” [0022);
and process the signals to determine a physiological parameter of the subject (“the controller combines the PPG measurements into the conditional combinations and may use the conditional combinations in determining values for metrics relating to cardiac health. The previously mentioned metrics may include blood-oxygen saturation levels, systolic and diastolic pressures, frequency of premature ventricular contraction, heart beat rate, pulse transit time, pulse arrival time, pulse wave velocity, systolic amplitude, pulse width, pulse area, arterial stiffness index, etc.” [0023]).
Hall does not specifically discloses a partitioning element disposed about the plurality of light sources and the sensor, the partitioning element configured to reduce lateral leakage of electromagnetic radiation from the plurality of light sources to the sensor such that the electromagnetic radiation measured by the sensor is substantially electromagnetic radiation generated by the plurality of light sources and scattered by tissue of the subject when the subject is seated on the toilet.
However, in a similar field of endeavor, Wang teaches an absolute isolated light path structure, and a seat ring and a toilet seat using the absolute isolated light path structure [Abstract].
Wang also teaches a partitioning element disposed about the plurality of light sources and the sensor, the partitioning element configured to reduce lateral leakage of electromagnetic radiation from the plurality of light sources to the sensor such that the electromagnetic radiation measured by the sensor is substantially electromagnetic radiation generated by the plurality of light sources and scattered by tissue of the subject when the subject is seated on the toilet (“Provided is an absolute isolated light path structure, which includes: a light blocking plate; and a light emitting device and a light receiving device separated by the light blocking plate, wherein the light blocking plate is configured to block light propagation between the light emitting device and the light receiving device.” [0006])
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Hall as outlined above with a partitioning element disposed about the plurality of light sources and the sensor, the partitioning element configured to reduce lateral leakage of electromagnetic radiation from the plurality of light sources to the sensor such that the electromagnetic radiation measured by the sensor is substantially electromagnetic radiation generated by the plurality of light sources and scattered by tissue of the subject when the subject is seated on the toilet as taught by Wang, because it is necessary to provide an absolute isolated light path structure to avoid interference from the light emitting portion to the light receiving portion [0005].
Regarding Claim 13, Hall discloses that the sensor includes a photodiode (“The contiguous PPG sensors may comprise photodiode devices” [0004].
Regarding Claim 15, Hall discloses further comprising a cover coupled to the seat, the cover configured to shield the plurality of light sources and the sensor from the tissue of the subject while allowing the electromagnetic radiation generated by the plurality of light sources to pass through (“Cover glass 612 provides a smooth flat transparent surface for a user's thigh 624 to rest on while also providing protection to the PPG sensor array. Light sources 608 and 610 and circuit board 606 may be attached to cover glass 612 using glue or other adhesive material disposed between light sources 608 and light detectors 610.” [0040]).
Regarding Claim 16, Hall discloses further comprising one or more spacers configured to collectively define: a predetermined distance between the sensor and the cover; and a predetermined distance between each light source from the plurality of light sources and the cover (“The sensor array includes light sources 608 and light detectors 610 forming a matrix of contiguous PPG sensors on a surface of toilet seat 602. Circuit board 606 has light sources 608 and light detectors 610 operably connected to a top side of circuit board 606 and processor/controller/memory 614, battery 616, transceiver 618, and antenna 622 operably connected to a bottom side of circuit board 606. The PPG sensor array may be disposed in a recess such as 620 in toilet seat 602. Other circuit and wiring arrangements are possible. Cover glass 612 provides a smooth flat transparent surface for a user's thigh 624 to rest on while also providing protection to the PPG sensor array. Light sources 608 and 610 and circuit board 606 may be attached to cover glass 612 using glue or other adhesive material disposed between light sources 608 and light detectors 610.” [0040]).
Regarding Claim 17, Hall discloses the signals received from the sensor are indicative of a photoplethysmogram (PPG) of the subject (“A method of conditionally combining photoplethysmography (PPG) measurements is disclosed that overcomes or improves upon the limitations discussed above. In general, a synthetic aperture photoplethysmography (PPG) sensor is disclosed. “ [0004]).
Regarding Claim 18, Hall discloses the signals received from the sensor include: a first signal associated with a first sensing path between a first light source from the plurality of light sources and the sensor; and a second signal associated with a second sensing path between a second light source from the plurality of light sources and the sensor (“toilet seat 102 includes a controller 118. Controller 118 may be coupled via a wire or wirelessly to PPG sensors 120. Controller may include memory, one or more processors, wireless and wired transceivers and be operably connected to PPG array sensors. Controller 118 may communicate with remote computers and user devices over the Internet or through direct local connections. Controller 118 may receive PPG measurements as well as timing data, and may store them in memory for later use. The controller may be coupled to a power source such as a wall outlet, batteries, etc. Additionally, the controller may control power flow or data communications to and from PPG array sensors 120.” [0022], .
Regarding Claim 19, Hall discloses the first signal and the second signal are measured sequentially by the sensor (“A method of conditionally combining PPG measurements is described. The method includes obtaining PPG measurements from PPG sensors and combining the PPG measurements into conditional combinations. The conditional combinations are combined dependent on timing data and signal-to-noise ratios corresponding to each of the PPG measurements. Combining the PPG measurements includes averaging timing data corresponding to the PPG measurements.” [0035]).
Regarding Claim 20, Hall discloses the first signal and the second signal are measured simultaneously by the sensor (“the controller combines the PPG measurements into the conditional combinations and may use the conditional combinations in determining values for metrics relating to cardiac health. The previously mentioned metrics may include blood-oxygen saturation levels, systolic and diastolic pressures, frequency of premature ventricular contraction, heart beat rate, pulse transit time, pulse arrival time, pulse wave velocity, systolic amplitude, pulse width, pulse area, arterial stiffness index, etc.” [0023]).
Claims 2 & 12 are rejected under 35 U.S.C. 103 as being unpatentable over Hall in view of Wang as applied to Claim 1 & 11 above, and further in view of Chen et al (CN 111134638 B; hereinafter referred to as Chen)
Regarding Claim 2, Hall in view of Wang discloses all limitations noted above except that the at least two types of light sources includes a red light source and an infrared light source.
However, in a similar field of endeavor, Chen teaches an intelligent health monitoring bracket and a health parameter monitoring method [Abstract].
Chen also teaches that the at least two types of light sources includes a red light source and an infrared light source (“the photoelectric electrode used by the intelligent health monitoring bracket 1000 provided by the application comprises a reflective PPG photoelectric module, and the red light of the acquisition end, the infrared light generating device and the photoelectric sensor of the receiving end are packaged together. A part of the red light and the infrared light irradiates into the blood vessel, and then the part of the red light and the infrared light transmits through the blood vessel, and the other part of the red light and the infrared light can be reflected back. At this time, the photoelectric detector at the same side position as the luminous tube receives the red light and infrared light signals reflected back after being absorbed by blood and converts the red light and infrared light signals into electric signals.” [Disclosure of Invention])
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Hall in view of Wang as outlined above with at least two types of light sources includes a red light source and an infrared light source as taught by Chen, because it is necessary to provide an absolute isolated light path structure to avoid interference from the light emitting portion to the light receiving portion [0005].
Regarding Claim 12, Hall in view of Wang discloses all limitations noted above except that the at least two types of light sources includes a red light source and an infrared light source.
However, in a similar field of endeavor, Chen teaches an intelligent health monitoring bracket and a health parameter monitoring method [Abstract].
Chen also teaches that the at least two types of light sources includes a red light source and an infrared light source (“the photoelectric electrode used by the intelligent health monitoring bracket 1000 provided by the application comprises a reflective PPG photoelectric module, and the red light of the acquisition end, the infrared light generating device and the photoelectric sensor of the receiving end are packaged together. A part of the red light and the infrared light irradiates into the blood vessel, and then the part of the red light and the infrared light transmits through the blood vessel, and the other part of the red light and the infrared light can be reflected back. At this time, the photoelectric detector at the same side position as the luminous tube receives the red light and infrared light signals reflected back after being absorbed by blood and converts the red light and infrared light signals into electric signals.” [Disclosure of Invention])
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Hall in view of Wang as outlined above with at least two types of light sources includes a red light source and an infrared light source as taught by Chen, because it is necessary to provide an absolute isolated light path structure to avoid interference from the light emitting portion to the light receiving portion [0005].
Claims 4 & 14 are rejected under 35 U.S.C. 103 as being unpatentable over Hall in view of Wang as applied to Claim 1 & 11 above, and further in view of Yu et al (US20190358387A1; hereinafter referred to as Yu)
Regarding Claim 4, Hall in view of Wang discloses all limitations noted above except that the partitioning element is a gasket.
However, in a similar field of endeavor, Yu teaches patient monitoring devices comprising an enclosure that may vary based on application and patient need [0211].
Yu also teaches that the partitioning element is a gasket (“the enclosure design may include seals (e.g., silicone sealing gaskets) between components that provide a water-tight seal. In order to reduce light noise for optical-based sensors (e.g., spectroscopy sensor, optical scatter/absorption sensor, color sensor), the enclosure design may also contain light-shielding features, such as opaque colorant additives into the raw enclosure material, or reflective paint on the external surface, over a sub-section or over the entire enclosure” [0213])
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Hall in view of Wang as outlined above with the partitioning element is a gasket as taught by Chen, because it may protect the internal hardware components in various environmental conditions [0213].
Regarding Claim 14, Hall in view of Wang discloses all limitations noted above except that the partitioning element is a gasket.
However, in a similar field of endeavor, Yu teaches patient monitoring devices comprising an enclosure that may vary based on application and patient need [0211].
Yu also teaches that the partitioning element is a gasket (“the enclosure design may include seals (e.g., silicone sealing gaskets) between components that provide a water-tight seal. In order to reduce light noise for optical-based sensors (e.g., spectroscopy sensor, optical scatter/absorption sensor, color sensor), the enclosure design may also contain light-shielding features, such as opaque colorant additives into the raw enclosure material, or reflective paint on the external surface, over a sub-section or over the entire enclosure” [0213])
It would have been obvious to an ordinary skilled person in the art before the effective filing
date of the claimed invention to modify the system of Hall in view of Wang as outlined above with the partitioning element is a gasket as taught by Chen, because it may protect the internal hardware components in various environmental conditions [0213].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's
disclosure (US 20220022810 A1;US 20220142495 A1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN MALDONADO whose telephone number is 703-756-1421. The examiner can normally be reached 8:00 am-4:00 pm PST M-Th Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at
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/Steven Maldonado/
Patent Examiner, Art Unit 3797
/CHRISTOPHER KOHARSKI/