Patent Application 18323735 - APPARATUS AND METHOD FOR MEASURING BIO-INFORMATION - Rejection

Patent Application 18323735 - APPARATUS AND METHOD FOR MEASURING BIO-INFORMATION

Title: APPARATUS AND METHOD FOR MEASURING BIO-INFORMATION

Application Information

• Invention Title: APPARATUS AND METHOD FOR MEASURING BIO-INFORMATION
• Application Number: 18323735
• Submission Date: 2025-05-20T00:00:00.000Z
• Effective Filing Date: 2023-05-25T00:00:00.000Z
• Filing Date: 2023-05-25T00:00:00.000Z
• National Class: 600
• National Sub-Class: 480000
• Examiner Employee Number: 87172
• Art Unit: 3791
• Tech Center: 3700

Rejection Summary

• 102 Rejections: 1
• 103 Rejections: 0

Cited Patents

No patents were cited in this rejection.

Office Action Text

    DETAILED ACTION
Notice of Pre-AIA  or AIA  Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b)  CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.


The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.


Claim 5 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA  35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 appears to be a literal translation into English from a foreign document and the subject matter is vague. Therefore, it renders the claim indefinite. 
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.


Claim(s) 1-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baron (WO 2009/125349 A2).
Regarding claims 1, 12, Baron discloses an apparatus for measuring bio-information, the apparatus comprising: a pulse wave sensor (116, 352, Page 21, Ln. 26-27) at least one pair of light emitters which are disposed apart from each other and a light receiver disposed between the at least one pair of light emitters, the pulse wave sensor being configured to measure a plurality of pulse wave signals from an object by using the light receiver and the at least one pair of light emitters (Pg 21, Ln. 28-30, Fig. 3, Pg. 2, Ln. 11-15, pulse oximeter), and that is configured to measure one or more pulse wave signals from the object of interest in contact with the circular contact surface (Pg 19 Ln. 1-2); a force sensor disposed below or on a side of the pulse wave sensor, and that is configured to measure a contact force of the object of interest (112, 350, Pg 21, Ln. 26-27, Pg 19, Ln. 11-14, Fig. 3 below processor 330); and a processor configured to estimate bio-information of the object of interest based on the one or more measured pulse wave signals and the measured contact force (Pg. 30, Ln. 17- Pg. 31, Ln. 15).
Regarding claim 2, Baron discloses the contact surface of the pulse wave sensor is a curved surface, and an entire surface of the contact surface is configured to be in contact with the object (Fig. 3-4, 320 or 420 has a wrist assembly housing that has the sensor 352 within it).
Regarding claim 3, Baron discloses the light receiver is disposed under the curved surface and aligned at a center of the curved surface (Fig. 3, dome shaped housing, Pg. 21 Ln. 23- Pg. 22, Ln. 5).
Regarding claim 4, Baron discloses the at least one pair of light emitters is disposed in a longitudinal direction of the pulse wave sensor or in a tangential direction of the curved surface. an area of the contact surface is less than an average area of a type of the object (Fig. 3, Pg. 21 Ln. 23- Pg. 22, Ln. 5).
Regarding claim 5, Baron discloses an area of the contact surface is less than an
average area of a type of the object (Fig. 3, Pg. 21 Ln. 23- Pg. 22, Ln. 5).
Regarding claims 6 and 13, Baron discloses the processor is further configured to integrate the plurality of pulse wave signals by applying a weight to each of the plurality of pulse wave signals based on the contact force distribution (Pg. 30, Ln. 17- Pg. 31, Ln. 15).
Regarding claims 7 and 14, Baron discloses the at least one pair of light emitters comprises a first light emitter and a second light emitter, and the first light emitter is disposed at a first position having a greater contact force than a second position at which the second light emitter is disposed, wherein the plurality of pulse wave signals comprises a first pulse wave signal measured by using the first light emitter and a second pulse wave signal measured by using the second light emitter, and wherein the processor is further configured to apply a first weight to the first pulse wave signal that is measured by using the first light emitter located at the first position having the greater contact force, and apply a second weight to the second pulse wave signal that is measured by using the second light emitter located at the second position having a smaller contact force, the first weight being greater than the second weight. See Pg. 30, Ln. 17- Pg. 31, Ln. 15
Regarding claims 8 and 15, Baron discloses the processor is further configured to generate the integrated pulse wave signal by applying the weight to each of the plurality of pulse wave signals to obtain weighted pulse wave signals, and by summing the weighted pulse wave signals (Pg. 30, Ln. 17- Pg. 31, Ln. 15).
Regarding claim 9, Baron discloses plurality of pulse wave signals are photoplethysmogram (PPG) signals (Pg. 1, Ln. 29-Pg. 2, Ln. 10, Fig. 5).
Regarding claim 10, Baron discloses generate guide information on a recommended contact force based on the contact force which is measured while the plurality of pulse wave signals are measured (Pg. 34, Ln. 3- Pg. 35 Ln. 22).
Regarding claim 11, Baron discloses the bio-information comprises at least one of blood pressure, blood glucose, cholesterol, vascular age, arterial stiffness, aortic pressure waveform, vascular compliance, blood triglyceride, cardiac output, total peripheral resistance, stress index, and degree of fatigue (Pg. 1, Ln. 29-Pg. 2, Ln. 10, Fig. 5).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARJAN FARDANESH whose telephone number is (571)270-5508. The examiner can normally be reached Monday-Friday 9:00-17:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacqueline Cheng can be reached at (571)272-5596. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARJAN FARDANESH/           Primary Examiner, Art Unit 3791