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 § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 8-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mo et al. (U.S. Pub. No. 20200230346) hereinafter Mo.
Regarding claim 8, Mo teaches:
A method for measuring bio-illuminance (abstract), the method comprising:
sensing external light using a first photosensor and a second photosensor ([0074], first to third photo diodes include a first photosensor and a second photosensor D1 and D2; [0075]-[0077], figure 6; [0084]-[0085]);
converting a first photovoltage and a second photovoltage respectively generated by the first photosensor and the second photosensor into digital data ([0073]-[0081], figure 6, signals V and C form first photovoltage and second photovoltages acquired and output as digital signals [0084] from the illuminance calculating portion; [0085]), respectively;
transmitting the digital data for the first photovoltage and the second photovoltage to a pre-stored function ([0057], wireless transmission of digital data; [0124]-[0128], transmits to the server); and
calculating bio-illuminance by inputting the transmitted first photovoltage and second photovoltage data into the pre-stored function ([0083]-[0101], calculation of bio-illuminance from the pre-stored function of the illuminance calculating portion 114; [0103]-[0110]).
Regarding claim 9, Mo teaches all of the limitations of claim 8. Mo further teaches:
wherein peak wavelengths of the first photosensor and the second photosensor are configured to be adjacent to a peak wavelength of a curve of circadian sensitivity and a peak wavelength of a curve of visual sensitivity, respectively ([0008]-[0010], sensitivity curve; [0020]; [0055]; [0064]-[0071], figure 5, circadian sensitivity curve and visual sensitivity curve includes peak wavelengths in which the filters 111 and 112 pass light to the first and second photosensors at peak wavelengths; [0073]-[0081]).
Regarding claim 10, Mo teaches all of the limitations of claim 8. Mo further teaches:
further comprising:
calculating a ratio of the first photovoltage and the second photovoltage ([0083]-[0101], calculation of bio-illuminance from the pre-stored function of the illuminance calculating portion 114 which includes a ratio, color temperature calculation and circadian action function of the ratio for calculation of bio illuminance; [0103]-[0110]);
calculating a correlated color temperature of the external light and a circadian action factor of the external light using the ratio as an input ([0083]-[0101], calculation of bio-illuminance from the pre-stored function of the illuminance calculating portion 114 which includes a ratio, color temperature calculation and circadian action function of the ratio for calculation of bio illuminance; [0103]-[0110]);
calculating an illuminance based on the first photovoltage and the correlated color temperature ([0083]-[0101], calculation of bio-illuminance from the pre-stored function of the illuminance calculating portion 114 which includes a ratio, color temperature calculation and circadian action function of the ratio for calculation of bio illuminance; [0103]-[0110]); and
calculating bio-illuminance based on the illuminance and the circadian action factor ([0083]-[0101], calculation of bio-illuminance from the pre-stored function of the illuminance calculating portion 114 which includes a ratio, color temperature calculation and circadian action function of the ratio for calculation of bio illuminance; [0103]-[0110]).
Regarding claim 11, Mo teaches all of the limitations of claim 10. Mo further teaches:
wherein the ratio of the first photovoltage and the second photovoltage monotonically increases with respect to the correlated color temperature ([0091]-[0101], as shown in figures 9A-9C, the ratio monotonically increases with respect to the color temperature).
Regarding claim 12, Mo teaches all of the limitations of claim 10. Mo further teaches:
wherein the ratio of the first photovoltage and the second photovoltage monotonically increases to be insensitive to the illuminance with respect to the circadian action factor ([0088]-[0090], figure 8, the ratio monotonically increases which is insensitive to the CAF measurement as the slope of the increase does not change).
Regarding claim 13, Mo teaches all of the limitations of claim 10. Mo further teaches:
further comprising:
calculating a correlation between the ratio of the first photovoltage and the second photovoltage and the correlated color temperature for each of a plurality of predetermined correlated color temperatures ([0083]-[0101], calculation of bio-illuminance from the pre-stored function of the illuminance calculating portion 114 which includes a ratio, color temperature calculation and circadian action function of the ratio for calculation of bio illuminance; [0103]-[0110]);
measuring the illuminance using the first photovoltage and the correlated color temperature ([0083]-[0101], calculation of bio-illuminance from the pre-stored function of the illuminance calculating portion 114 which includes a ratio, color temperature calculation and circadian action function of the ratio for calculation of bio illuminance; [0103]-[0110]);
calculating a correlation between the ratio of the first photovoltage and the second photovoltage and the circadian action factor ([0083]-[0101], calculation of bio-illuminance from the pre-stored function of the illuminance calculating portion 114 which includes a ratio, color temperature calculation and circadian action function of the ratio for calculation of bio illuminance; [0103]-[0110]); and
measuring the bio-luminance using the ratio of the first photovoltage and the second photovoltage and the circadian action factor ([0083]-[0101], calculation of bio-illuminance from the pre-stored function of the illuminance calculating portion 114 which includes a ratio, color temperature calculation and circadian action function of the ratio for calculation of bio illuminance; [0103]-[0110]).
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.
Claims 1-6 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Mo, in view of Ajemba et al. (U.S. Pub. No. 20190076066) hereinafter Ajemba.
Regarding claim 1, primary reference Mo teaches:
A system for measuring bio-illuminance (abstract), the system comprising:
an illuminance measuring portion including a first photosensor and a second photosensor ([0074], first to third photo diodes include a first photosensor and a second photosensor D1 and D2; [0075]-[0077], figure 6; [0084]-[0085]);
a transceiving device ([0057]; [0128]); and
at least one processor configured to calculate bio-illuminance ([0058]-[0062]; [0083]-[0086]; [0132]),
wherein the analog front-end chip is configured to sense external light and output a first photovoltage and a second photovoltage as digital data, respectively, using the first photosensor and the second photosensor ([0073]-[0081], figure 6, signals V and C form first photovoltage and second photovoltages acquired and output as digital signals [0084] from the illuminance calculating portion; [0085]),
wherein the transceiving device is configured to wirelessly or wiredly transmit the digital data of the first photovoltage and the second photovoltage to the processor ([0057], wireless transmission of digital data; [0124]-[0128], transmits to the server), and
wherein the at least one processor is configured to calculate the bio-illuminance and output the calculated bio-illuminance by invoking a pre-stored function based on the first photovoltage and the second photovoltage ([0083]-[0101], calculation of bio-illuminance from the pre-stored function of the illuminance calculating portion 114; [0103]-[0110]).
Primary reference Mo fails to teach:
An analog front-end chip
However, the analogous art of Ajemba of a physiological signal monitoring system (abstract) teaches:
An analog front-end chip ([0379], analog front-end chip; [0563]; [0607]-[0608])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the bio-illuminance measuring system of Mo to incorporate the analog front-end chip as taught by Ajemba because it provides the necessary electronics to operate at low standby and operating power, while support sensing of target measurements (Ajemba, [0379]).
Regarding claim 2, the combined references of Mo and Ajemba teach all of the limitations of claim 1. Primary reference Mo further teaches:
wherein peak wavelengths of the first photosensor and the second photosensor are configured to be adjacent to a peak wavelength of a curve of circadian sensitivity and a peak wavelength of a curve of visual sensitivity, respectively ([0008]-[0010], sensitivity curve; [0020]; [0055]; [0064]-[0071], figure 5, circadian sensitivity curve and visual sensitivity curve includes peak wavelengths in which the filters 111 and 112 pass light to the first and second photosensors at peak wavelengths; [0073]-[0081]).
Regarding claim 3, the combined references of Mo and Ajemba teach all of the limitations of claim 1. Primary reference Mo further teaches:
wherein the at least one processor is configured to calculate a ratio of the first photovoltage and the second photovoltage, calculate a correlated color temperature of the external light and a circadian action factor of the external light using the ratio, calculate illuminance based on the first photovoltage and the correlated color temperature, and calculate bio illuminance based on the illuminance and the circadian action factor ([0083]-[0101], calculation of bio-illuminance from the pre-stored function of the illuminance calculating portion 114 which includes a ratio, color temperature calculation and circadian action function of the ratio for calculation of bio illuminance; [0103]-[0110]).
Regarding claim 4, the combined references of Mo and Ajemba teach all of the limitations of claim 1. Primary reference Mo further teaches:
wherein the transceiving device is configured to receive the digital data for the first photovoltage and the second photovoltage from the analog front-end chip and output the digital data wirelessly or wiredly at a set speed to a system in which the processor is embedded ([0057], wireless transmission of digital data; [0124]-[0128], transmits to the server).
Regarding claim 5, the combined references of Mo and Ajemba teach all of the limitations of claim 3. Primary reference Mo further teaches:
wherein the ratio of the first photovoltage and the second photovoltage monotonically increases with respect to the correlated color temperature ([0091]-[0101], as shown in figures 9A-9C, the ratio monotonically increases with respect to the color temperature).
Regarding claim 6, the combined references of Mo and Ajemba teach all of the limitations of claim 3. Primary reference Mo further teaches:
wherein the ratio of the first photovoltage and the second photovoltage monotonically increases to be insensitive to the illuminance with respect to the circadian action factor ([0088]-[0090], figure 8, the ratio monotonically increases which is insensitive to the CAF measurement as the slope of the increase does not change).
Regarding claim 14, primary reference Mo teaches:
An apparatus for measuring bio-illuminance (abstract), the apparatus comprising:
an illuminance measuring portion including a first photosensor and a second photosensor having different light response characteristics ([0074], first to third photo diodes include a first photosensor and a second photosensor D1 and D2; [0075]-[0077], figure 6; [0084]-[0085]), and configured to output digital data for a first photovoltage and a second photovoltage using the first photosensor and the second photosensor ([0073]-[0081], figure 6, signals V and C form first photovoltage and second photovoltages acquired and output as digital signals [0084] from the illuminance calculating portion; [0085]);
at least one processor configured to calculate bio-illuminance ([0058]-[0062]; [0083]-[0086]; [0132]); and
a transceiving device configured to wirelessly or wiredly transmit the digital data for the first photovoltage and the second photovoltage to the processor ([0057], wireless transmission of digital data; [0124]-[0128], transmits to the server),
wherein the at least one processor is configured to calculate a ratio of the first photovoltage and the second photovoltage, calculate a correlated color temperature of the external light and a circadian action factor of the external light based on the ratio, calculate illuminance based on the first photovoltage and the correlated color temperature, and calculate bioilluminance based on the illuminance and the circadian action factor ([0083]-[0101], calculation of bio-illuminance from the pre-stored function of the illuminance calculating portion 114 which includes a ratio, color temperature calculation and circadian action function of the ratio for calculation of bio illuminance; [0103]-[0110]).
Primary reference Mo fails to teach:
An analog front-end chip
However, the analogous art of Ajemba of a physiological signal monitoring system (abstract) teaches:
An analog front-end chip ([0379], analog front-end chip; [0563]; [0607]-[0608])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the bio-illuminance measuring system of Mo to incorporate the analog front-end chip as taught by Ajemba because it provides the necessary electronics to operate at low standby and operating power, while support sensing of target measurements (Ajemba, [0379]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Mo, in view of Ajemba as applied to claim 1 above, and further in view of Allec et al. (U.S. Pub. No. 20180078151) hereinafter Allec.
Regarding claim 7, the combined references of Mo and Ajemba teach all of the limitations of claim 1. Primary reference Mo further fails to teach:
further comprising: an infrared filter configured to filter an infrared component of the external light
However, the analogous art of Allec of a system and method of determining physiological signals of a user using ambient light (abstract) teaches:
further comprising: an infrared filter configured to filter an infrared component of the external light ([0076], infrared filter units; [0080] infrared color filter unit).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the bio-illuminance measuring system of Mo and Ajemba to incorporate the infrared filter as taught by Allec because filter units provide for multiple different optical characteristics (Allec, [0075]). This provides higher quality filtered signals in a variety of measuring conditions, leading to increased accuracy in diagnostic outputs.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bozkurt et al. (U.S. Pub. No. 20160151012) teaches to a system and method for sleep monitoring utilizing light detection and the estimation of circadian rhythm parameters.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN A FRITH whose telephone number is (571)272-1292. The examiner can normally be reached M-Th 8:00-5:30 Second Fri 8:00-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Raymond can be reached at 571-270-1790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEAN A FRITH/Primary Examiner, Art Unit 3798
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