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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. KR 10-2023-00087177, filed on 07/05/2023.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/23/2025 was filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities:
[Page 1, Lines 19-21]: As written it reads “There are techniques that use a method of measuring brain signals by removing auto-fluorescence and noise by adding a 405 nm light source, a method of transferring brain signals of multiple regions (multiple objects) to a CMOS camera”. However, this is the first instance of the term “CMOS”, therefore, the term should be spelled out for clarity.
[Page 31, Lines 10-12]: As written it reads “optical media such as CD-ROMS and DVDs, magneto-optical media such as floptical disks, and hardware devices specially configured to store and execute program instructions, such as ROMs, RAMs, flash memories, and the like”. However, this is the first instance of the terms “CD-ROMs”, “DVDs”, “ROMs”, and “RAMs” therefore, the terms should be spelled out to provide clarity.
Appropriate correction is required.
Claim Objections
Claim 14 is objected to because of the following informalities:
Regarding claim 14, as written it reads “The method according to claim 12, wherein the directionality of the optical fiber represents a directionality of transferring an optical signal […]”. However, claim 12 is directed to the device according to claim 7. Therefore, the examiner would recommend updating claim 14 such that the preamble recites “The device according to claim 12, […]”. Alternatively, claim 14 could be amended to be dependent from claim 13 which is an optical brain signal measurement method.
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 claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f):
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f). The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f). The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) except as otherwise indicated in an Office action.
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) 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: light source unit in claims 1-2, 7-8, and 13-16; excitation filter unit in claims 1-2, and 13-14; first segmentation/concatenation unit in claims 1-2, 4-5, 7-8, 10-11, and 13-16; second segmentation/concatenation unit in claims 1-2, 7-9, and 13-16; emission filter unit in claims 1-3, and 13-14; measurement unit in claims 1-3, 6-9, and 12-16.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. That being said, the light source unit is described in the specification when it states “The light source unit 110 according to an embodiment of the present invention inputs an optical signal of a first wavelength and an optical signal of a second wavelength. For example, the first wavelength may be a wavelength of 405 nm or 465 nm, and the second wavelength may be a wavelength of 473 nm or 560 nm. For example, the light source unit 110 may include a first light source that inputs an optical signal of a first wavelength and a second light source that inputs an optical signal of a second wavelength” [Page 12, Lines 7-13].
Therefore, the examiner is interpreting the light source unit to be a light source which is configured to emit two wavelengths of light. Thus, claims 1-2, 7-8 and 13-16 are not subject to further rejection under 35 U.S.C. 112(a)/(b) with respect to the light source unit.
Furthermore, the excitation filter unit is described in the specification when it states “For example, the excitation filter unit 120 may include an excitation filter for transmitting an optical signal of a first wavelength in a first wavelength range and an excitation filter for transmitting an optical signal of a second wavelength in a second wavelength range” [Page 12, Lines 20-22].
Therefore, the examiner is interpreting the excitation filter unit to be a filter with one or more excitation filters to output either a first wavelength or a second wavelength (i.e. output by the light source unit). Thus, claims 1-2, and 13-14 are not subject to further rejection under 35 U.S.C. 112(a)/(b) with respect to the excitation filter unit.
Additionally, the first segmentation/concatenation unit is described in the specification when it states “According to an embodiment of the present invention, the first segmentation/concatenation unit 130 may output a concatenation signal concatenating the transferred optical signals when the at least one brain signal measurement target is one brain signal measurement target, and may output segmentation signals segmenting a concatenation signal when the at least one brain signal measurement target is a plurality of brain signal measurement targets. For example, in relation to the segmentation signals, the first segmentation/concatenation unit 130 may adjust the segmentation ratio to any one segmentation ratio among 1:10 to 10:1. For example, when there are two lines for segmenting a concatenation signal and outputting segmented signals, the first segmentation/concatenation unit 130 adjusts the output ratio of optical signals transferred to each line to any one segmentation ratio among 1:10 to 10:1” [Page 13, Lines 1-21].
Therefore, the examiner is interpreting the first segmentation/concatenation unit to be a processor which outputs a concatenation signal (i.e. when the at least one brain signal measurement target is one brain signal measurement target) and a segmentation signal (i.e. by segmenting a concatenation signal when the at least one brain signal measurement target is a plurality of brain signal measurement targets). Thus, claims 1-2, 4-5, 7-8, 10-11, and 13-16 are not subject to further rejection under 35 U.S.C. 112(a)/(b) with respect to the first segmentation/concatenation unit.
Furthermore, the second segmentation/concatenation unit is described in the specification when it states “According to an embodiment of the present invention, the second segmentation/concatenation unit 140 may transfer any one signal among the concatenation signal and the segmentation signal to at least one brain signal measurement target on the basis of the first directionality of the optical fiber, and transfer a measurement signal returning from the at least one
brain signal measurement target on the basis of the second directionality of the optical fiber.
For example, the second segmentation/concatenation unit 140 may output a concatenation signal concatenating the transferred optical signals in the same manner as the first segmentation/concatenation unit 130 or output segmentation signals segmenting a concatenation signal. For example, the second directionality of the optical fiber may represent the directionality
of transferring an optical signal returning from the at least one brain signal measurement target to the second segmentation/concatenation unit 140, transferring the optical signal from the second
segmentation/concatenation unit 140 to the emission filter unit 150, and transferring the optical
signal from the emission filter unit 150 to the measurement unit 160” [Page 14, Lines 4-17].
Therefore, the examiner is interpreting the second segmentation/concatenation unit to be a device which outputs a concatenation signal or a segmentation signal to at least one brain signal measurement target on the basis of the first directionality of the optical fiber, and transfers a measurement signal returning from the at least one brain signal measurement target on the basis of the second directionality of the optical fiber. Thus, claims 1-2, 7-9, and 13-16 are not subject to further rejection under 35 U.S.C. 112(a)/(b) with respect to the second segmentation/concatenation unit.
Additionally, the emission filter unit is described in the specification when it states “According to an embodiment of the present invention, the emission filter unit 150 may transmit the transferred measurement signal in at least one wavelength range among a third wavelength range and a fourth wavelength range. For example, the third wavelength range may be between 505 nm and 545 nm, and the fourth wavelength range may be between 575 nm and 710 nm” [Page 15, Lines 1-5].
Therefore, the examiner is interpreting the emission filter unit to be a filter which transmits the transferred measurement signal in at least one wavelength range. Thus, claims 1-3, and 13-14 are not subject to further rejection under 35 U.S.C. 112(a)/(b) with respect to the emission filter unit.
Finally, the measurement unit is described in the specification when it states “According to an embodiment of the present invention, the measurement unit 160 may measure at least one brain signal of the at least one brain signal measurement target on the basis of the measurement signal transmitted in at least one wavelength range. For example, as the measurement unit 160, a spectrometer may be used when the measurement signal transmitted in at least one wavelength range is in a plurality of wavelength ranges, and a photodetector may be used when the measurement signal transmitted in at least one wavelength range is in one wavelength range” [Page 15, Lines 6-12]; “The measurement unit 270 may be a spectrometer when the measurement signal transmitted in at least one wavelength range is in a plurality of wavelength ranges, and a photodetector when the measurement signal transmitted in at least one wavelength range is in one wavelength range. The measurement unit 270 detects the signal using the photodetector when the measurement signal is a brain signal in one wavelength range, and detects the signal using the spectrometer when the measurement signal is two or more brain signals in a plurality of wavelength ranges” [Page 17, Lines 5-12].
Therefore, the examiner is interpreting the measurement unit to be a spectrometer or photodetector for use in measuring at least one brain signal on the basis of the measurement signal transmitted in at least one wavelength. Thus, claims 1-3, 6-9, and 12-16 are not subject to further rejection under 35 U.S.C. 112(a)/(b) with respect to the measurement unit.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) (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).
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 7-8, and 15-16 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Dixon CN 114173654 A “Dixon”.
Regarding claim 7, Dixon teaches “An optical brain signal measurement device comprising:” (See [Page 14, Para. 7, Lines 1-3] and [Page 14, Para. 5, Lines 1-4] as discussed in claim 1. As shown in FIG. 5, the device 100 is attached to the subject 520 such that it is able to target the brain 521. Since the device 100 includes light source 120 and is positioned to target the brain 521, the device 100 represents an optical brain signal measurement device.);
“a light source unit for transferring an optical signal of a first wavelength and an optical signal of a second wavelength through a first optical fiber that transfers the optical signal of a first wavelength transmitted in a first wavelength range and the optical signal of a second wavelength transmitted in a second wavelength range in the first directionality” (See light source 120 in FIG. 1, [Page 3, Contents of the Invention: Para. 4, Lines 1-3]; [Page 17, Para. 5, Lines 1-5] as discussed in claim 1, and “The light source 120 may be configured to emit light comprising at least two discrete wavelengths. For example, the first discrete wavelength can be concentrated at about 895nm or about 940nm or about 945nm (longer wavelength or first wavelength), the second discrete wavelength can be concentrated at about 660nm (shorter wavelength or second wavelength). The emitted light may include light having a wavelength at least two discrete narrow-band wavelengths” [Page 16, Para. 2, Lines 1-4]. Therefore, the device includes a light source unit (i.e. light source 120) for transferring an optical signal of a first wavelength and an optical signal of a second wavelength through a first optical fiber (i.e. first optical waveguide, see [Page 17, Para. 5, Lines 1-5]) that transfers the optical signal of a first wavelength transmitted in a first wavelength range and the optical signal of a second wavelength transmitted in a second wavelength range in the first directionality (i.e. via first optical waveguide of the optical fiber, see [Page 17, Para. 5, Lines 1-5]).);
“a first segmentation/concatenation unit for outputting a concatenation signal concatenating the optical signal transmitted in a first wavelength range and the optical signal transmitted in a second wavelength range or segmentation signals segmenting a concatenation signal through the first optical fiber” (See [Page 3, Contents of the Invention: Para. 4, Lines 1-3] and [Page 17, Para. 5, Lines 1-5] as discussed in claim 1. In this case, since the at least two optical waveguides, included within the optical fiber, are able to receive light emitted from the light source 120 (i.e. configured to emit multiple wavelengths of light, see [Page 3, Contents of the Invention: Para. 4, Lines 1-3]) and receive light reflected from a tissue by the light detector 130 (i.e. via second optical waveguide), the optical fiber acts as a first segmentation/concatenation unit for outputting a concatenation signal concatenating the optical signal transmitted in a first wavelength range and the optical signal transmitted in a second wavelength range or segmentation signals segmenting a concatenation signal through the first optical fiber (i.e. outputting light from the light source 120 via the first waveguide of the optical fiber).);
“a second segmentation/concatenation unit for transferring any one signal among the concatenation signal and the segmentation signal to at least one brain signal measurement target through the first optical fiber, and transferring a measurement signal returning from the at least one brain signal measurement target through a second optical fiber that transmits the measurement signal in at least one wavelength range among a third wavelength range and a fourth wavelength range and transfers in the second directionality” (See [Page 14, Para. 7, Lines 1-3]; [Page 14, Para. 5, Lines 1-4]; and [Page 17, Para. 5, Lines 1-5]; [Page 18, Para. 4, Lines 1-3]; [Page 6, Para. 12, Line 1-Page 7, Para. 1, Line 3]; [Page 10, Para. 21, Lines 1-2]; and [Page 21, Para. 2, Lines 1-5] as discussed in claim 1.
Therefore, since the device 100 includes a light source 120 for illuminating an internal organ (i.e. brain 512, see FIG. 5) via an optical fiber (i.e. with the first waveguide included therein) and a light detector 130 for receiving reflected light from the internal organ (i.e. brain 512, See FIG. 5) via the optical fiber (i.e. with the second waveguide included therein), the device includes a second segmentation/concatenation unit for transferring any one signal among the concatenation signal and the segmentation signal to at least one brain signal measurement target (i.e. within the brain 512) through the first optical fiber (i.e. via the first waveguide therein).);
Furthermore, in order to determine a corrected ratio value indicative of the blood oxygen level of the skin (i.e. of the forehead, for example, see FIG. 15a, [Page 21, Para. 2, Lines 1-5]) with third and fourth signals/wavelengths obtained from the subject, this third and fourth wavelength information has to be received and transmitted to a processor. Therefore, second segmentation/concatenation unit is configured for transferring a measurement signal returning from the at least one brain signal measurement target through a second optical fiber (i.e. second waveguide within the optical fiber) that transmits the measurement signal in at least one wavelength range among a third wavelength range and a fourth wavelength range and transfers in the second directionality (See [Page 6, Para. 12, Line 1-Page 7, Para. 1, Line 3]; [Page 10, Para. 21, Lines 1-2]; and [Page 21, Para. 2, Lines 1-5]).); and
“a measurement unit for measuring at least one brain signal of the at least one brain signal measurement target on the basis of the transferred measurement signal” (See [Page 32, Para. 8, Lines 1-8] as discussed in claim 1. Therefore, since the processor 562 can analyze one or more signals derived from brain 521 and determine based on the AC component amplitude, the DC level, or cerebral microvascular blood oxygen level whether a subject 520 is suffering from high intracranial pressure or a cerebral hemorrhage, the processor 562 represents a measurement unit for measuring at least one brain signal of the at least one brain signal measurement target on the basis of the measurement signal transmitted in at least one wavelength range.).
Regarding claim 15, Dixon teaches “An optical brain signal measurement method comprising the steps of:” (“Some embodiments relate to a method of obtaining data indicative of blood oxygen level of an internal organ of a subject, comprising: positioning the device on an outer surface of a subject adjacent an internal organ; the light from the light source is projected to the inner organ through the outer surface of the subject, wherein the light comprises light of two or more discrete wavelengths; receiving light at the light detector of the device, the received light respectively by two or more discrete wavelengths from the internal organ; and generating a first signal indicative of the intensity of the light of the first wavelength and a second signal indicative of the intensity of the light of the second wavelength” [Page 3, Contents of the Invention: Para. 5, Lines 4-10]; “In some embodiments, the method comprises locating the device on the scalp of the subject, wherein the internal organ comprises a brain” [Page 3, Contents of the Invention: Para. 6, Lines 1-2]. Therefore, Dixon discloses an optical brain signal measurement method.);
“transferring an optical signal of a first wavelength and an optical signal of a second wavelength through a first optical fiber that transfers the optical signal of a first wavelength transmitted in a first wavelength range and the optical signal of a second wavelength transmitted in a second wavelength range in the first directionality, by a light source unit” (See light source 120 in FIG. 1, [Page 3, Contents of the Invention: Para. 4, Lines 1-3]; [Page 17, Para. 5, Lines 1-5] as discussed in claim 1 and “Some embodiments relate to a method for obtaining data indicative of intracranial pressure of a subject, the method comprising: positioning the light source of any of the devices in the vicinity of the return channel of the brain of the subject in a manner that is spaced apart relative to the skull of the subject; projecting light from the light source through the skull of the subject to the return channel, wherein the light comprises light of one or more discrete wavelengths” [Page 9, Para. 3, Lines 1-5]. Therefore, the method involves transferring an optical signal of a first wavelength and an optical signal of a second wavelength through a first optical fiber (i.e. first waveguide of optical fiber, see [Page 17, Para. 5, Lines 1-5]) that transfers the optical signal of a first wavelength transmitted in a first wavelength range and the optical signal of a second wavelength transmitted in a second wavelength range in the first directionality, by a light source unit (i.e. 120).);
“outputting a concatenation signal concatenating the optical signal transmitted in a first wavelength range and the optical signal transmitted in a second wavelength range or segmentation signals segmenting a concatenation signal through the first optical fiber, by a first segmentation/concatenation unit” (See [Page 3, Contents of the Invention: Para. 4, Lines 1-3] and [Page 17, Para. 5, Lines 1-5] as discussed in claim 1. In this case, since the at least two optical waveguides, included within the optical fiber, are able to receive light emitted from the light source 120 (i.e. configured to emit multiple wavelengths of light, see [Page 3, Contents of the Invention: Para. 4, Lines 1-3]) and receive light reflected from a tissue by the light detector 130 (i.e. via second optical waveguide), the optical fiber performs the step of outputting a concatenation signal concatenating the optical signal transmitted in a first wavelength range and the optical signal transmitted in a second wavelength range or segmentation signals segmenting a concatenation signal through the first optical fiber (i.e. first waveguide of the optical fiber, see [Page 17, Para. 5, Lines 1-5]), by a first segmentation/concatenation unit.).;
“transferring any one signal among the concatenation signal and the segmentation signal to at least one brain signal measurement target through the first optical fiber, and transferring a measurement signal returning from the at least one brain signal measurement target through a second optical fiber that transmits the measurement signal in at least one wavelength range among a third wavelength range and a fourth wavelength range and transfers in the second directionality, by a second segmentation/concatenation unit” (See [Page 14, Para. 7, Lines 1-3]; [Page 14, Para. 5, Lines 1-4]; and [Page 17, Para. 5, Lines 1-5]; [Page 18, Para. 4, Lines 1-3]; [Page 6, Para. 12, Line 1-Page 7, Para. 1, Line 3]; [Page 10, Para. 21, Lines 1-2]; and [Page 21, Para. 2, Lines 1-5] as discussed in claim 1.
Therefore, since the device 100 includes a light source 120 for illuminating an internal organ (i.e. brain 512, see FIG. 5) via an optical fiber (i.e. with the first waveguide included therein) and a light detector 130 for receiving reflected light from the internal organ (i.e. brain 512, See FIG. 5) via the optical fiber (i.e. with the second waveguide included therein), the device performs the step of transferring any one signal among the concatenation signal and the segmentation signal to at least one brain signal measurement target (i.e. within the brain 521) through the first optical fiber (i.e. first waveguide of the optical fiber).
Furthermore, in order to determine a corrected ratio value indicative of the blood oxygen level of the skin (i.e. of the forehead, for example, see FIG. 15a, [Page 21, Para. 2, Lines 1-5]) with third and fourth signals/wavelengths obtained from the subject, this third and fourth wavelength information has to be received and transmitted to a processor. Therefore, the device is configured to perform the step of transferring a measurement signal returning from the at least one brain signal measurement target through a second optical fiber (i.e. second waveguide of the optical fiber, see [Page 17, Para. 5, Lines 1-5]) that transmits the measurement signal in at least one wavelength range among a third wavelength range and a fourth wavelength range and transfers in the second directionality, by a second segmentation/concatenation unit (See [Page 6, Para. 12, Line 1-Page 7, Para. 1, Line 3]; [Page 10, Para. 21, Lines 1-2]; and [Page 21, Para. 2, Lines 1-5]).; and
“measuring at least one brain signal of the at least one brain signal measurement target on the basis of the transferred measurement signal, by a measurement unit” (See [Page 32, Para. 8, Lines 1-8] as discussed in claim 1. Therefore, since the processor 562 can analyze one or more signals derived from brain 521 and determine based on the AC component amplitude, the DC level, or cerebral microvascular blood oxygen level whether a subject 520 is suffering from high intracranial pressure or a cerebral hemorrhage, the processor 562 represents a measurement unit which performs the step of measuring at least one brain signal of the at least one brain signal measurement target on the basis of the transferred measurement signal (i.e. from the second waveguide/light detector 130).).
Regarding claims 8 and 16, Dixon discloses all features of the claimed invention as discussed with respect to claims 7 and 15 above, and Dixon further teaches “wherein the first directionality represents a directionality of transferring an optical signal from the light source unit to the first segmentation/concatenation unit, transferring the optical signal from the first segmentation/concatenation unit to the second segmentation/concatenation unit, and transferring the optical signal from the second segmentation/concatenation unit to the at least one brain signal measurement target, and the second directionality represents a directionality of transferring an optical signal returning from the at least one brain signal measurement target to the second segmentation/concatenation unit, and transferring the optical signal from the second segmentation/concatenation unit to the measurement unit” (See [Page 3, Contents of the Invention: Para. 4, Lines 1-3]; [Page 17, Para. 5, Lines 1-5]; [Page 14, Para. 7, Lines 1-3]; [Page 14, Para. 5, Lines 1-4]; and [Page 17, Para. 5, Lines 1-5]; and [Page 18, Para. 4, Lines 1-3] as discussed in claim 1.
In this case, since the at least two optical waveguides, included within the optical fiber, are able to receive light emitted from the light source 120 (i.e. configured to emit multiple wavelengths of light, see [Page 3, Contents of the Invention: Para. 4, Lines 1-3]) and receive light reflected from a tissue (i.e. brain 521, for example, see FIG. 5) by the light detector 130 (i.e. via second optical waveguide), the first directionality represents a directionality of transferring an optical signal from the light source unit to the first segmentation/concatenation unit, transferring the optical signal from the first segmentation/concatenation unit to the second segmentation/concatenation unit, and transferring the optical signal from the second segmentation/concatenation unit to the at least one brain signal measurement target (i.e. via the first waveguide of the optical fiber), and the second directionality represents a directionality of transferring an optical signal returning from the at least one brain signal measurement target to the second segmentation/concatenation unit, and transferring the optical signal from the second segmentation/concatenation unit to the measurement unit (i.e. via the second optical waveguide).).
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.
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.
Claim(s) 1-2 and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable by Dixon CN 114173654 A1 “Dixon” and further in view of Han KR 2023/0017441 A “Han”.
Regarding claim 1, Dixon teaches “An optical brain signal measurement device comprising:” (“The device 100 is configured to receive light source 120 in the first groove 112. The light source 120 is configured to emit light from the first groove 112 of the main body 110 to the internal organ. The device 100 is configured to receive the light detector 130 in the second groove 113” [Page 14, Para. 7, Lines 1-3]; “Referring to FIG. 1, FIG. 2 (a), FIG. 2 (b), FIG. 3 and FIG. 4, shows a device 100 for determining the data indicating the blood oxygen level of the internal organs. device 100 comprises a main body 110, the main body comprises contact surface 111, the surface contact the subject 520 as the target of the internal organ (e.g., brain 521) near the subject 520 (see FIG. 5)” [Page 14, Para. 5, Lines 1-4].
As shown in FIG. 5, the device 100 is attached to the subject 520 such that it is able to target the brain 521. Since the device 100 includes light source 120 and is positioned to target the brain 521, the device 100 represents an optical brain signal measurement device.);
“a light source unit for inputting an optical signal of a first wavelength and an optical signal of a second wavelength” (See light source 120 in FIG. 1, “The light source may be configured to emit and sense light, the light comprises a wavelength in the first wavelength range of at least about 600nm to about 750nm, about 855nm to about 945nm of the second wavelength range and about 780nm to about 820nm of light in the third wavelength range” [Page 3, Contents of the Invention: Para. 4, Lines 1-3]; and “Referring to FIG. 7 (a), an example of a first waveform of a first signal 701 and a second waveform of a second signal 702 are shown, the first signal is derived from a measured light reflected from an internal organ at a first wavelength, and the second signal is derived from a measured light reflected from an internal organ at a second relatively short wavelength. In this example, the first wavelength is about 895nm, the second wavelength is about 660nm. These first and second signals 701, 702 are obtained from the device 100 placed on the subject 520 in the vicinity of the human brain 521. The amplitude or level of the signal represents the intensity of the light detected by the light detector 130, and is plotted as a function of time” [Page 20, Para. 10, Lines 1-7].
Therefore, the device 100 includes a light source unit (i.e. light source 120) for inputting an optical signal of a first wavelength and an optical signal of a second wavelength.); […]
“a first segmentation/concatenation unit for receiving the optical signal transmitted in a first wavelength range and the optical signal transmitted in a second wavelength range on the basis of a first directionality of an optical fiber, and outputting a concatenation signal concatenating the transferred optical signals or segmentation signals segmenting a concatenation signal” (See [Page 3, Contents of the Invention: Para. 4, Lines 1-3] above, and “In some embodiments, the device 100 comprises at least two optical waveguides (e.g., optical fiber). Accordingly, the light emitting region of the light source 120 may include an end portion of the first optical waveguide (not shown) in the first groove 112. light detector 130 may include a second optical waveguide (not shown), wherein one end is located in the second groove 113, the photosensitive region can be located outside the main body 110 of the device 100” [Page 17, Para. 5, Lines 1-5]. In this case, since the at least two optical waveguides, included within the optical fiber, are able to receive light emitted from the light source 120 (i.e. configured to emit multiple wavelengths of light, see [Page 3, Contents of the Invention: Para. 4, Lines 1-3]) and receive light reflected from a tissue by the light detector 130 (i.e. via second optical waveguide), the optical fiber acts as a first segmentation/concatenation unit for receiving the optical signal transmitted in a first wavelength range and the optical signal transmitted in a second wavelength range on the basis of a first directionality of an optical fiber, and outputting a concatenation signal concatenating the transferred optical signals or segmentation signals segmenting a concatenation signal (i.e. outputting light from the light source 120 via the optical fiber).);
“a second segmentation/concatenation unit for transferring any one signal among the concatenation signal and the segmentation signal to at least one brain signal measurement target on the basis of the first directionality of the optical fiber, and transferring a measurement signal returning from the at least one brain signal measurement target on the basis of a second directionality of the optical fiber” (See [Page 14, Para. 7, Lines 1-3]; [Page 14, Para. 5, Lines 1-4]; and [Page 17, Para. 5, Lines 1-5] above and “After the projected light interacts with the internal organ, the light detector 130 of the apparatus 100 receives light of the first and second wavelengths. For example, the received light may have been partially absorbed and reflected by the internal organ” [Page 18, Para. 4, Lines 1-3]. Therefore, since the device 100 includes a light source 120 for illuminating an internal organ (i.e. brain 512, see FIG. 5) via an optical fiber (i.e. with the first waveguide included therein) and a light detector 130 for receiving reflected light from the internal organ (i.e. brain 512, See FIG. 5) via the optical fiber (i.e. with the second waveguide included therein), the device includes a second segmentation/concatenation unit for transferring any one signal among the concatenation signal and the segmentation signal to at least one brain signal measurement target (i.e. within the brain 512) on the basis of the first directionality of the optical fiber (i.e. via the first waveguide therein), and transferring a measurement signal returning from the at least one brain signal measurement target on the basis of a second directionality of the optical fiber (i.e. via the second waveguide therein).);
“an emission filter unit for transmitting the transferred measurement signal in at least one wavelength range among a third wavelength range and a fourth wavelength range” (“In some embodiments, the method further comprises: substantially simultaneously receiving the third and fourth signals obtained from the subject as one or more signals, wherein the third and fourth signals are obtained from the measured light reflected from the subject skin the corresponding third and fourth different wavelengths; and determining a ratio value of a plurality of correctional ratios on the window of the third and fourth waveforms associated with the corresponding third and fourth signals, wherein the window corresponds to the contraction and diastolic phase of the cardiac cycle, and wherein the ratio of the corrected ratio indicates the blood oxygen level of the skin” [Page 6, Para. 12, Line 1-Page 7, Para. 1, Line 3]; “FIG. 15 (a) is a graph of third and fourth signals derived from the detected light reflected from the forehead skin a healthy human subject in the supine position” [Page 10, Para. 21, Lines 1-2]; “In some embodiments, the second conventional device 550 may be located at a position spaced apart from the first device 100 to generate third and fourth signals indicative of blood oxygen levels in the skin. The spaced apart position may be, for example, the forehead of the subject 520, the finger, any one of the ear and the nose. The third and/or fourth signal may indicate a pulse shape, a relative time of the pulse and an arterial blood oxygen level from the spaced-apart position” [Page 21, Para. 2, Lines 1-5].
In this case, in order to determine a corrected ratio value indicative of the blood oxygen level of the skin (i.e. of the forehead, for example, see FIG. 15a, [Page 21, Para. 2, Lines 1-5]) with third and fourth signals/wavelengths obtained from the subject, this third and fourth wavelength information has to be received and transmitted to a processor. Therefore, the device includes an emission filter unit for transmitting the transferred measurement signal (i.e. from the subject 520) in at least one wavelength range among a third wavelength range and a fourth wavelength range.); and
“a measurement unit for measuring at least one brain signal of the at least one brain signal measurement target on the basis of the measurement signal transmitted in at least one wavelength range” (“processor 562 can analyze the corresponding one or more signal of at least one waveform, to determine whether the waveform display AC component amplitude relative to the corresponding component of the arterial waveform of the other signal is increased, the one or more signals derived from brain 521 of the detected light, The additional signal is obtained at the same time with one or more signals from the subject, for example, a skin signal. In response to determining an increase in the AC component amplitude, the processor 562 may determine that the subject 520 may have a relatively high intracranial pressure or cerebral hemorrhage. In addition, the DC level or cerebral microvascular blood oxygen level is reduced, then increased, it may be indicated that the subject is suffering from high intracranial pressure level or cerebral hemorrhage” [Page 32, Para. 8, Lines 1-8]. Therefore, since the processor 562 can analyze one or more signals derived from brain 521 and determine based on the AC component amplitude, the DC level, or cerebral microvascular blood oxygen level whether a subject 520 is suffering from high intracranial pressure or a cerebral hemorrhage, the processor 562 represents a measurement unit for measuring at least one brain signal of the at least one brain signal measurement target on the basis of the measurement signal transmitted in at least one wavelength range.).
Although Dixon discloses that the light source is configured to emit light in a first and second wavelength range (see [Page 3, Contents of the Invention: Para. 4, Lines 1-3]), Dixon does not teach “an excitation filter unit for transmitting the optical signal of a first wavelength in a first wavelength range, and transmitting the optical signal of a second wavelength in a second wavelength range”.
Han is within a related field of endeavor to the claimed invention because it involves a multi-spectral light emitting apparatus (see [Abstract]).
Han teaches “an excitation filter unit for transmitting the optical signal of a first wavelength in a first wavelength range, and transmitting the optical signal of a second wavelength in a second wavelength range” (“The multispectral light emitting apparatus of the present invention, includes: a light source emitting light having a plurality of wavelengths; a light separator separating the light having the plurality of wavelengths into a plurality of individual beams of light having individual wavelengths or separating the light into a plurality of individual beams of light having predetermined individual power” [Abstract]. In this case, since the light separator separates light having a plurality of wavelengths into a plurality of individual beams having individual wavelengths, the light separator represents an excitation filter unit for transmitting the optical signal of a first wavelength in a first wavelength range, and transmitting the optical signal of a second wavelength in a second wavelength range.).
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 optical brain signal measurement device of Dixon such that it includes an excitation filter unit (i.e. light separator) as disclosed in Han in order to allow individual wavelengths of light to be transmitted into the body for use in assessment thereof. Including a separator/filter is one of a finite number of techniques which can be used to ensure that a specific wavelength of light is emitted with a reasonable expectation of success. Thus, modifying the optical brain signal measurement device of Dixon such that it includes an excitation filter unit (i.e. light separator) as disclosed in Han would yield the predictable result of allowing individual wavelengths of light to be transmitted into the body for use in assessment thereof.
Regarding claim 13, Dixon teaches “An optical brain signal measurement method comprising the steps of:” (See [Page 3, Contents of the Invention: Para. 5, Lines 4-10]; and [Page 3, Contents of the Invention: Para. 6, Lines 1-2] as discussed in claim 15. Therefore, Dixon discloses an optical brain signal measurement method.);
“inputting an optical signal of a first wavelength and an optical signal of a second wavelength, by a light source unit” (See light source 120 in FIG. 1, [Page 3, Contents of the Invention: Para. 4, Lines 1-3]; [Page 17, Para. 5, Lines 1-5] as discussed in claim 1 and “Some embodiments relate to a method for obtaining data indicative of intracranial pressure of a subject, the method comprising: positioning the light source of any of the devices in the vicinity of the return channel of the brain of the subject in a manner that is spaced apart relative to the skull of the subject; projecting light from the light source through the skull of the subject to the return channel, wherein the light comprises light of one or more discrete wavelengths” [Page 9, Para. 3, Lines 1-5]. Therefore, the method involves inputting an optical signal of a first wavelength and an optical signal of a second wavelength, by a light source unit.);
“receiving the optical signal transmitted in a first wavelength range and the optical signal transmitted in a second wavelength range on the basis of a first directionality of an optical fiber, and outputting a concatenation signal concatenating the transferred optical signals or segmentation signals segmenting a concatenation signal, by a first segmentation/concatenation unit” (See [Page 3, Contents of the Invention: Para. 4, Lines 1-3] and [Page 17, Para. 5, Lines 1-5] as discussed in claim 1. In this case, since the at least two optical waveguides, included within the optical fiber, are able to receive light emitted from the light source 120 (i.e. configured to emit multiple wavelengths of light, see [Page 3, Contents of the Invention: Para. 4, Lines 1-3]) and receive light reflected from a tissue by the light detector 130 (i.e. via second optical waveguide), the optical fiber acts as a first segmentation/concatenation unit which performs the step of receiving the optical signal transmitted in a first wavelength range and the optical signal transmitted in a second wavelength range on the basis of a first directionality of an optical fiber, and outputting a concatenation signal concatenating the transferred optical signals or segmentation signals segmenting a concatenation signal (i.e. outputting light from the light source 120 via the optical fiber).);
“transferring any one signal among the concatenation signal and the segmentation signal to at least one brain signal measurement target on the basis of the first directionality of the optical fiber, and transferring a measurement signal returning from the at least one brain signal measurement target on the basis of a second directionality of the optical fiber, by a second segmentation/concatenation unit” (See [Page 14, Para. 7, Lines 1-3]; [Page 14, Para. 5, Lines 1-4]; and [Page 17, Para. 5, Lines 1-5] above and [Page 18, Para. 4, Lines 1-3] as discussed in claim 1. Therefore, since the device 100 includes a light source 120 for illuminating an internal organ (i.e. brain 512, see FIG. 5) via an optical fiber (i.e. with the first waveguide included therein) and a light detector 130 for receiving reflected light from the internal organ (i.e. brain 512, See FIG. 5) via the optical fiber (i.e. with the second waveguide included therein), the device includes a second segmentation/concatenation unit which performs the step of transferring any one signal among the concatenation signal and the segmentation signal to at least one brain signal measurement target (i.e. within the brain 512) on the basis of the first directionality of the optical fiber (i.e. via the first waveguide therein), and transferring a measurement signal returning from the at least one brain signal measurement target on the basis of a second directionality of the optical fiber (i.e. via the second waveguide therein).);
“transmitting the transferred measurement signal in at least one wavelength range among a third wavelength range and a fourth wavelength range, by an emission filter unit” (See [Page 6, Para. 12, Line 1-Page 7, Para. 1, Line 3]; [Page 10, Para. 21, Lines 1-2]; and [Page 21, Para. 2, Lines 1-5] as discussed in claim 1. In this case, in order to determine a corrected ratio value indicative of the blood oxygen level of the skin (i.e. of the forehead, for example, see FIG. 15a, [Page 21, Para. 2, Lines 1-5]) with third and fourth signals/wavelengths obtained from the subject, this third and fourth wavelength information has to be received and transmitted to a processor. Therefore, the device includes an emission filter unit which performs the step of transmitting the transferred measurement signal (i.e. from the subject 520) in at least one wavelength range among a third wavelength range and a fourth wavelength range.); and
“measuring at least one brain signal of the at least one brain signal measurement target on the basis of the measurement signal transmitted in at least one wavelength range, by a measurement unit” (See [Page 32, Para. 8, Lines 1-8]. Therefore, since the processor 562 can analyze one or more signals derived from brain 521 and determine based on the AC component amplitude, the DC level, or cerebral microvascular blood oxygen level whether a subject 520 is suffering from high intracranial pressure or a cerebral hemorrhage, the processor 562 represents a measurement unit which performs the step of measuring at least one brain signal of the at least one brain signal measurement target on the basis of the measurement signal transmitted in at least one wavelength range.).
Although Dixon discloses that the light source is configured to emit light in a first and second wavelength range (see [Page 3, Contents of the Invention: Para. 4, Lines 1-3]), Dixon does not teach “transmitting the optical signal of a first wavelength in a first wavelength range, and transmitting the optical signal of a second wavelength in a second wavelength range, by an excitation filter unit”.
Han teaches “transmitting the optical signal of a first wavelength in a first wavelength range, and transmitting the optical signal of a second wavelength in a second wavelength range, by an excitation filter unit” (“The multispectral light emitting apparatus of the present invention, includes: a light source emitting light having a plurality of wavelengths; a light separator separating the light having the plurality of wavelengths into a plurality of individual beams of light having individual wavelengths or separating the light into a plurality of individual beams of light having predetermined individual power” [Abstract]. In this case, since the light separator separates light having a plurality of wavelengths into a plurality of individual beams having individual wavelengths, the light separator represents an excitation filter unit for transmitting the optical signal of a first wavelength in a first wavelength range, and transmitting the optical signal of a second wavelength in a second wavelength range.).
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 optical brain signal measurement method of Dixon such that it includes the use of an excitation filter unit (i.e. light separator) as disclosed in Han in order to allow individual wavelengths of light to be transmitted into the body for use in assessment thereof. Including a separator/filter is one of a finite number of techniques which can be used to ensure that a specific wavelength of light is emitted with a reasonable expectation of success. Thus, modifying the optical brain signal measurement method of Dixon such that it utilizes an excitation filter unit (i.e. light separator) as disclosed in Han would yield the predictable result of allowing individual wavelengths of light to be transmitted into the body for use in assessment thereof.
Regarding claims 2 and 14, Dixon in view of Han discloses all features of the claimed invention as discussed with respect to claims 1 and 13 above, and Dixon further teaches “wherein the first directionality of the optical fiber represents a directionality of transferring an optical signal from the light source unit to the excitation filter unit, transferring the optical signal from the excitation filter unit to the first segmentation/concatenation unit, transferring the optical signal from the first segmentation/concatenation unit to the second segmentation/concatenation unit, and transferring the optical signal from the second segmentation/concatenation unit to the at least one brain signal measurement target, and the second directionality of the optical fiber represents a directionality of transferring an optical signal returning from the at least one brain signal measurement target to the second segmentation/concatenation unit, transferring the optical signal from the second segmentation/concatenation unit to the emission filter unit, and transferring the optical signal from the emission filter unit to the measurement unit” (“[Page 3, Contents of the Invention: Para. 4, Lines 1-3]; [Page 17, Para. 5, Lines 1-5]; [Page 14, Para. 7, Lines 1-3]; [Page 14, Para. 5, Lines 1-4]; and [Page 17, Para. 5, Lines 1-5]; and [Page 18, Para. 4, Lines 1-3] as discussed in claim 1.
In this case, since the at least two optical waveguides, included within the optical fiber, are able to receive light emitted from the light source 120 (i.e. configured to emit multiple wavelengths of light, see [Page 3, Contents of the Invention: Para. 4, Lines 1-3]) and receive light reflected from a tissue (i.e. brain 521, for example, see FIG. 5) by the light detector 130 (i.e. via second optical waveguide), the first directionality represents a directionality of transferring an optical signal from the light source unit to the first segmentation/concatenation unit, transferring the optical signal from the first segmentation/concatenation unit to the second segmentation/concatenation unit, and transferring the optical signal from the second segmentation/concatenation unit to the at least one brain signal measurement target (i.e. via the first waveguide of the optical fiber), and the second directionality represents a directionality of transferring an optical signal returning from the at least one brain signal measurement target to the second segmentation/concatenation unit, and transferring the optical signal from the second segmentation/concatenation unit to the measurement unit (i.e. via the second optical waveguide).).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dixon CN 114173654 A “Dixon” and Han KR 2023/0017441 A “Han” as applied to claim 1 above, and further in view of Yamada US 2020/0029819 A1 “Yamada”.
Regarding claim 3, Dixon in view of Han discloses all features of the claimed invention as discussed with respect to claim 1 above, however the combination does not teach “wherein when the at least one brain signal measurement target is a plurality of brain signal measurement targets, the second segmentation/concatenation unit, the emission filter unit, and the measurement unit are additionally configured as many as the number of the plurality of brain signal measurement targets”.
Yamada is within a related field of endeavor to the claimed invention because it involves a brain function measurement device/method (see [Abstract]).
Yamada teaches “wherein when the at least one brain signal measurement target is a plurality of brain signal measurement targets, the second segmentation/concatenation unit, the emission filter unit, and the measurement unit are additionally configured as many as the number of the plurality of brain signal measurement targets” (“The brain function measurement method according to claim 7, wherein the brain function measurement method is a method of measuring the brain function at a plurality of measurement points, the method further comprising: […] a fourth step of, with respect to each measurement point of the plurality of measurement points positioned on a shortest path connecting the irradiation means and the detection means that have been selected, performing the first step and second step in order from the irradiation means to the detection means that have been selected and then, with respect to each measurement point of the plurality of measurement points positioned on the shortest path […] a fifth step of performing the first step and the second step between each measurement point of the plurality of measurement points positioned on the shortest path and a measurement point adjacent to said each measurement point of the plurality of measurement points” [Claim 8].
Therefore, since the brain function measurement method is a method of measuring brain function at a plurality of measurement points, when the at least one brain signal measurement target is a plurality of brain signal measurement targets, the second segmentation/concatenation unit, the emission filter unit, and the measurement unit are additionally configured as many as the number of the plurality of brain signal measurement targets.).
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 optical brain signal measurement device of Dixon in view of Han such that the at least one brain signal measurement target is a plurality of brain signal measurement targets, the second segmentation/concatenation unit, the emission filter unit and the measurement unit are additionally configured as many as the number of the plurality of brain signal measurement targets as disclosed in Yamada in order to easily assess the brain at multiple locations when performing an assessment thereof. Analyzing brain signals obtained from multiple targets within the brain is one of a finite number of techniques which can be used to assess the overall functionality of the brain with a reasonable expectation of success. Thus, modifying the optical brain signal measurement device of Dixon in view of Han such that the at least one brain signal measurement target is a plurality of brain signal measurement targets, the second segmentation/concatenation unit, the emission filter unit and the measurement unit are additionally configured as many as the number of the plurality of brain signal measurement targets as disclosed in Yamada would yield the predictable result of easily assessing the brain at multiple locations when performing an assessment thereof.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dixon CN 114173654 A “Dixon” and Han KR 2023/0017441 A “Han” as applied to claim 1 above, and further in view of Newberry US 2017/0281065 A1 “Newberry”.
Regarding claim 6, Dixon in view of Han discloses all features of the claimed invention as discussed with respect to claim 1 above, however the combination does not teach “wherein the measurement unit is a spectrometer when the measurement signal transmitted in at least one wavelength range is in a plurality of wavelength ranges, and a photodetector when the measurement signal transmitted in at least one wavelength range is in one wavelength range”.
Newberry is within the same field of endeavor as the claimed invention because it involves a biosensor with one or more photodetector circuits (see FIG. 5).
Newberry teaches “wherein the measurement unit is a spectrometer when the measurement signal transmitted in at least one wavelength range is in a plurality of wavelength ranges, and a photodetector when the measurement signal transmitted in at least one wavelength range is in one wavelength range” (“The PPG circuit 110 further includes one or more photodetector circuits 130a-n. For example, a first photodetector circuit 130 may be configured to detect visible light and the second photodetector circuit 130 may be configured to detect IR light” [0081]; “In another embodiment, the light source 120 may include a broad spectrum light source, such as a white light to infrared (IR) or near IR LED 122, that emits light with wavelengths from e.g. 350 nm to 2500 nm. Broad spectrum light sources with different ranges may be implemented. In an aspect, a broad spectrum light source is implemented with a range across 100 nm wavelengths to 2000 nm range of wavelengths in the visible, IR and/or UV frequencies […] In an aspect, a charge coupled device (CCD) spectrometer may be configured in the photodetector circuit 130 to measure the spectral response of the detected light over the broad spectrum” [0084].
Therefore, the first photodetector circuits 130 detects visible light (i.e. one wavelength range) and the second photodetector circuit 130 detects IR light (i.e. one wavelength range). Furthermore, since the charge coupled device (CCD) spectrometer measures the spectral response of the detected light over the broad spectrum (i.e. from 350 nm to 2500nm which encompasses visible, IR and UV frequencies), the CCD spectrometer measures a plurality of wavelength ranges.
Thus, the measurement unit is a spectrometer when the measurement signal transmitted in at least one wavelength range is in a plurality of wavelength ranges, and a photodetector when the measurement signal transmitted in at least one wavelength range is in one wavelength range.).
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 device of Dixon in view of Han such that the measurement unit is a spectrometer when the measurement signal transmitted in at least one wavelength range is in a plurality of wavelength ranges, and a photodetector when the measurement signal transmitted in at least one wavelength range is in one wavelength range as disclosed in Newberry in order to effectively acquire optical signals in one or more wavelength ranges. A spectrometer and photodetector are two of a finite number of devices which can be used to obtain optical signals reflected from a subject with a reasonable expectation of success. Thus, modifying the device of Dixon in view of Han such that the measurement unit is a spectrometer when the measurement signal transmitted in at least one wavelength range is in a plurality of wavelength ranges, and a photodetector when the measurement signal transmitted in at least one wavelength range is in one wavelength range as disclosed in Newberry would yield the predictable result of effectively acquiring optical signals in one or more wavelength ranges.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dixon CN 114173654 A “Dixon” as applied to claim 7 above, and further in view of Yamada US 2020/0029819 A1 “Yamada”.
Regarding claim 9, Dixon discloses all features of the claimed invention as discussed with respect to claim 7 above, however Dixon does not teach “wherein when the at least one brain signal measurement target is a plurality of brain signal measurement targets, the second segmentation/concatenation unit, the emission filter unit, and the measurement unit are additionally configured as many as the number of the plurality of brain signal measurement targets”.
Yamada is within a related field of endeavor to the claimed invention because it involves a brain function measurement device/method (see [Abstract]).
Yamada teaches “wherein when the at least one brain signal measurement target is a plurality of brain signal measurement targets, the second segmentation/concatenation unit, the emission filter unit, and the measurement unit are additionally configured as many as the number of the plurality of brain signal measurement targets” (“The brain function measurement method according to claim 7, wherein the brain function measurement method is a method of measuring the brain function at a plurality of measurement points, the method further comprising: […] a fourth step of, with respect to each measurement point of the plurality of measurement points positioned on a shortest path connecting the irradiation means and the detection means that have been selected, performing the first step and second step in order from the irradiation means to the detection means that have been selected and then, with respect to each measurement point of the plurality of measurement points positioned on the shortest path […] a fifth step of performing the first step and the second step between each measurement point of the plurality of measurement points positioned on the shortest path and a measurement point adjacent to said each measurement point of the plurality of measurement points” [Claim 8].
Therefore, since the brain function measurement method is a method of measuring brain function at a plurality of measurement points, when the at least one brain signal measurement target is a plurality of brain signal measurement targets, the second segmentation/concatenation unit, the emission filter unit, and the measurement unit are additionally configured as many as the number of the plurality of brain signal measurement targets.).
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 optical brain signal measurement device of Dixon in view of Han such that the at least one brain signal measurement target is a plurality of brain signal measurement targets, the second segmentation/concatenation unit, the emission filter unit and the measurement unit are additionally configured as many as the number of the plurality of brain signal measurement targets as disclosed in Yamada in order to easily assess the brain at multiple locations when performing an assessment thereof. Analyzing brain signals obtained from multiple targets within the brain is one of a finite number of techniques which can be used to assess the overall functionality of the brain with a reasonable expectation of success. Thus, modifying the optical brain signal measurement device of Dixon in view of Han such that the at least one brain signal measurement target is a plurality of brain signal measurement targets, the second segmentation/concatenation unit, the emission filter unit and the measurement unit are additionally configured as many as the number of the plurality of brain signal measurement targets as disclosed in Yamada would yield the predictable result of easily assessing the brain at multiple locations when performing an assessment thereof.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dixon CN 114173654 A “Dixon” as applied to claim 7 above, and further in view of Newberry US 2017/0281065 A1 “Newberry”.
Regarding claim 12, Dixon discloses all features of the claimed invention as discussed with respect to claim 7 above, however Dixon does not teach “wherein the measurement unit is at least one among a spectrometer and a photodetector”.
Newberry is within the same field of endeavor as the claimed invention because it involves a biosensor with one or more photodetector circuits (see FIG. 5).
Newberry teaches “wherein the measurement unit is at least one among a spectrometer and a photodetector” (“The one or more photodetector circuits 130 include a spectrometer or other type of circuit configured to detect an intensity of light as a function of wavelength or frequency to obtain a spectral response. The one or more photodetector circuits 130 detect the intensity of light either transmitted through or reflected from tissue of a patient that enters one or more apertures 128b-n of the biosensor 100. For example, the light may be detected from transmissive absorption (e.g., through a fingertip or ear lobe) or from reflection (e.g., reflected from a forehead or stomach tissue). The one or more photodetector circuits 130a-n then obtain a spectral response of the reflected light by measuring the intensity of light at one or more wavelengths” [0083].
Therefore, the one or more photodetector circuits 130 are configured to measure the intensity of light at one or more wavelengths. Thus, the photodetector circuits 130 represent a measurement unit which includes at least one among a spectrometer and a photodetector.).
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 optical brain signal measurement device of Dixon such that the measurement unit includes at least one of a spectrometer and a photodetector as disclosed in Newberry in order to measure the intensity of light at one or more wavelengths (see Newberry: [0083]). Spectrometers and photodetectors are two of a finite number of devices which can be used to measure the intensity of wavelengths with a reasonable expectation of success. Thus, modifying the optical brain signal measurement device of Dixon such that the measurement unit includes at least one of a spectrometer and a photodetector as disclosed in Newberry would yield the predictable result of measuring the intensity of light at one or more wavelengths (see Newberry: [0083]).
Allowable Subject Matter
Claims 4-5 and 10-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claims 4 and 10, the examiner acknowledges that the prior art references of Dixon, Han, Yamada and Newberry, both alone or in combination, do not teach “wherein the first segmentation/concatenation unit outputs a concatenation signal concatenating the transferred optical signals when the at least one brain signal measurement target is one brain signal measurement target, and outputs segmentation signals segmenting a concatenation signal when the at least one brain signal measurement target is a plurality of brain signal measurement targets”.
Furthermore, no prior art references were found to teach the above limitations both alone or in combination with the other limitations of claims 1 and 7 on which these claims depend.
Therefore, claims 4 and 10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claims 5 and 11, the examiner acknowledges that the prior art references of Dixon, Han, Yamada and Newberry, both alone or in combination, do not teach “wherein in relation to the segmentation signals, the first segmentation/concatenation unit adjusts a segmentation ratio to any one segmentation ratio among 1:10 to 10:1” (Claims 5 and 11).
Furthermore, no prior art references were found to teach the above limitations both alone or in combination with the other limitations of claims 4 and 10 on which these claims depend.
Therefore, claims 5 and 11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAITLYN E SEBASTIAN whose telephone number is (571)272-6190. The examiner can normally be reached Mon.- Fri. 7:30-4:30 (Alternate Fridays Off).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anne M Kozak can be reached at (571) 270-0552. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KAITLYN E SEBASTIAN/Examiner, Art Unit 3797
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