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 § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kreuzer (US 2014/0187885) in view of Couronne et al. (US 2011/0237912; hereinafter Couronne) and Addison et al. (US 2015/0208964; hereinafter Addison).
Kreuzer shows a system for the optical measurement of vital parameters ([0001]), comprising: one or more transmitters of light with different wavelength ranges ([0016], [0042], fig. 4); a controller for controlling the one or more transmitters of light with different wavelength ranges, ([0013], [0024]-[0027]); at least one light receiver for receiving a signal ([0016]); a signal processor for processing the signal of the one or more transmitters of light detected by the at least one light receiver (evaluation unit and computer; [0015]), the controller being set up to detect the one or more transmitters of light depending on a control signal from the signal processor so that the signal quality of an incoming signal is at its maximum (control unit determines optimum position of sensor, which corresponds with maximum signal quality; [0013]-[0014]).
Kreuzer also shows for the optical measurement of vital parameters in the external auditory canal of a living being ([0042], fig. 4); the controller is set up to control a multi-wavelength light transmitter, the multi-wavelength light transmitter preferably being in the form of a double or triple wavelength light transmitter ([0042]); wherein the vital parameters are selected from the group comprising oxygen saturation, pulse rate, pulse rate variability, cardiovascular parameters, respiratory rate, body temperature ([0042]); wherein the controller is set up to control the one or more transmitters of light with different wavelength ranges to emit light in the wavelength range from 600 nm and 750 nm, 750 nm to 1000 nm, and 450 nm and 590 nm ([0024]), preferably for the emission of light in the wavelength range from 640 nm to 700 nm, from 880 nm to 960 nm, and 530 nm to 570 nm ([0024]).
Kreuzer fails to show the controller being set up to select a wavelength range of the one or more transmitters of light based on context information, the context information being selected from the group comprising movement information, location information, time information, light intensity information.
Kreuzer fails to show wherein a driver may be arranged between the controller and the one or more transmitters of light and wherein a front end can be arranged between the light receiver and the signal processor
Kreuzer also fails to show the controller is set up to control a plurality of transmitters of light with wavelength ranges which differ from one another in a time sequence; wherein the wavelength ranges of the plurality of light emitters having different wavelength ranges from each other do not overlap.
Kreuzer fails to show at least two light receivers for detecting light emissions with non-overlapping wavelength ranges; wherein the signal processor is set up to select a signal from the incoming signals as a function of a selection criterion, the selection criterion being selected from the group comprising pulse shape, signal-to-noise ratio, AC component-DC component ratio, and artifact-overlay; wherein the control signal is adjusted according to the selection criterion.
Couronne discloses devices and methods for detecting a vital parameter. Couronne teaches the controller being set up to select a wavelength range of the one or more transmitters of light based on context information, the context information being selected from the group comprising movement information, location information, time information, light intensity information ([0026]-[0029]). Couronne also teaches the controller is set up to control a plurality of transmitters of light with wavelength ranges which differ from one another in a time sequence ([0026]-[0029]); wherein the wavelength ranges of the plurality of light emitters having different wavelength ranges from each other do not overlap ([0025]).
Addison discloses systems and methods for measuring vital parameters. Addison teaches wherein a driver may be arranged between the controller and the one or more transmitters of light and wherein a front end can be arranged between the light receiver and the signal processor ([0033]-[0035]). Addison also teaches at least two light receivers for detecting light emissions with non-overlapping wavelength ranges ([0119], [0124]); wherein the signal processor is set up to select a signal from the incoming signals as a function of a selection criterion, the selection criterion being selected from the group comprising pulse shape, signal-to-noise ratio, AC component-DC component ratio, and artifact-overlay ([0061]); wherein the control signal is adjusted according to the selection criterion ([0061]).
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 invention of Kreuzer to control based on context information as taught by Couronne, as this will ensure that both wavelength ranges can be accurately delivered to the tissue without overlapping/interfering according to a desired temporal sequence, improving the quality of the vital measurement. Furthermore this will allow for additional control to activate only based upon certain contexts, conserving power for the system.
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 combined invention of Kreuzer and Couronne to utilize a driver and front end processing as taught by Addison, as such circuitry allows for control over different processing functions of the system, for example controlling the emission of light and synchronizing timing signals as described by Addison ([0033]-[0034]).
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 combined invention of Kreuzer and Couronne to utilize two light receivers as taught by Addison, as the use of an additional receiver allows for light measurements to be obtained over a wider area of the patient’s tissue, thereby obtaining measurements from different locations of the patient. Furthermore, the use of single or plural light emitters or receivers would be an obvious design choice to one of ordinary skill in the art, as these represent different known configurations for obtaining the same functional end result of transmitting and receiving multiple wavelengths of light.
Conclusion
This is a continuation of applicant's earlier Application No. 18259359. All claims are identical to, patentably indistinct from, or have unity of invention with the invention claimed in the earlier application (that is, restriction (including lack of unity) would not be proper) and could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the earlier application. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action in this case. See MPEP § 706.07(b). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN CWERN whose telephone number is (571)270-1560. The examiner can normally be reached Monday - Friday, 8:00 am - 5:00 pm.
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/JONATHAN CWERN/ Primary Examiner, Art Unit 3797
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