Office Action 3: Notice of Allowance (2025-04-14)

CLAIMS:
AMENDMENTS TO THE CLAIMS

1\. (Currently Amended) An optical physiological sensor integrated into a wearable device, the optical physiological sensor comprising:a substrate having an optical center;
a first emitter group of light emitting diodes (LEDs) positioned adjacent to the optical center of the substrate and spaced at an offset from the optical center;
a second emitter group of LEDs positioned adjacent to the optical center of the substrate at an offset to the optical center and spaced at an offset from the optical center opposite the first emitter group of LEDs relative to the optical center;\[\[ and\]\] a plurality of detectors arranged in an annular spatial configuration that surrounds the first emitter group and the second emitter group, wherein each of the plurality of detectors are positioned on the substrate a same distance away from the optical center of the substrate, wherein the annular spatial configuration has a radius of less than 6.75mm;
and a light barrier construct mounted on the substrate and defining a first emitter chamber that houses the first emitter group of LEDs, and a second emitter chamber that houses the second emitter group of LEDs, wherein the light barrier construct is configured to optically isolate the first emitter group of LEDs from the second emitter group of LEDs.
2\. (Cancelled)
3\. (Cancelled)
4\. (Currently Amended) The sensor of Claim 1, wherein the light barrier construct defines a maximum height extending away from the substrate at the optical center of the substrate.

5\. (Previously Presented) The sensor of Claim 1, wherein the light barrier construct comprises a light barrier configured to isolate the first emitter group from the second emitter group, wherein a width of the light barrier is less than 1.40mm.
6\. (Cancelled)
7\. (Cancelled)

8\. (Previously Presented) The sensor of Claim 1, wherein the first emitter group is configured to emit optical radiation having a same wavelength as optical radiation emitted from the second emitter group.

9\. (Original) The sensor of Claim 1, wherein an arrangement of the LEDs of the first emitter group on the substrate mirrors an arrangement of the LEDs of the second emitter group on the substrate across a centerline of the sensor that bisects the sensor.

10\. (Original) The sensor of Claim 9, wherein the centerline of the sensor bisects at least one of the plurality of detectors.

11\. (Currently Amended) The sensor of Claim 10, wherein a distance from the first emitter group to the at least one of the plurality of detectors is the same as a distance from the second emitter group to the at least one of the plurality of detectors.

12\. (Currently Amended) The sensor of Claim 1, further comprising a reference electrode\[\[, \]\] and a negative electrode located on the light barrier construct of the optical physiological sensor .

13\. (Cancelled)

14\. (Currently Amended) The sensor of Claim 12, wherein the reference electrode is semi-annular and wherein the negative electrode is semi-annular.

15\. (Original) The sensor of Claim 14, wherein the reference and negative electrodes surround the plurality of detectors.

16\. (Currently Amended) The sensor of Claim 1, wherein the plurality of detectors includes a first detector group and a second detector group, wherein the first detector group includes at least two detectors housed in respective detector chambers, and wherein the second detector group includes at least two detectors housed in respective detector chambers.

17\. (Cancelled)

18\. (Original) The sensor of Claim 16, wherein a distance between the first emitter group and the first detector group is greater than a distance between the second emitter group and the first detector group.

19\. (Cancelled)

20\. (Cancelled)

21\. (New) The sensor of Claim 1, wherein the first emitter group comprises:a first LED configured to emit optical radiation having a first wavelength of between 620 nm and 660 nm;

a second LED configured to emit optical radiation having a third wavelength of between 650 nm and 670 nm; and
a third LED configured to emit optical radiation having a third wavelength of between 900 nm and 910 nm.

22\. (New) The sensor of Claim 21, wherein the second emitter group is configured to emit optical radiation having the first, second, and third wavelengths.

23\. (New) An optical physiological sensor integrated into a wearable device, the optical physiological sensor comprising:a substrate having an optical center;
a first emitter group of light emitting diodes (LEDs) positioned adjacent to the optical center of the substrate and spaced at an offset from the optical center;
a second emitter group of LEDs positioned adjacent to the optical center of the substrate at an offset to the optical center and spaced at an offset from the optical center opposite the first emitter group of LEDs relative to the optical center;
a plurality of detectors arranged in a spatial configuration that surrounds the first and the second emitter group, wherein each of the plurality of detectors are positioned on the substrate a same distance away from the optical center of the substrate; and
a light barrier construct mounted on the substrate and defining a first emitter chamber that houses the first emitter group of LEDs, and a second emitter chamber that houses the second emitter group of LEDs, wherein the light barrier construct comprises a light barrier configured to optically isolate the first emitter group of LEDs from the second emitter group of LEDs, wherein a width of the light barrier is less than 1.40mm.

24\. (New) The sensor of Claim 23, wherein the spatial configuration is annular.

25\. (New) The sensor of Claim 23, wherein the light barrier construct defines a maximum height extending away from the substrate at the optical center of the substrate.

26\. (New) The sensor of Claim 23, wherein the first emitter group is configured to emit optical radiation having a same wavelength as optical radiation emitted from the second emitter group.

27\. (New) The sensor of Claim 23, wherein an arrangement of the LEDs of the first emitter group on the substrate mirrors an arrangement of the LEDs of the second emitter group on the substrate across a centerline of the sensor that bisects the sensor.

28\. (New) The sensor of Claim 27, wherein the centerline of the sensor bisects at least one of the plurality of detectors.

29\. (New) The sensor of Claim 28, wherein a distance from the first emitter group to the at least one of the plurality of detectors is the same as a distance from the second emitter group to the at least one of the plurality of detectors.

30\. (New) The sensor of Claim 23, further comprising a reference electrode and a negative electrode located on the light barrier construct of the optical physiological sensor.

31\. (New) The sensor of Claim 30, wherein the reference electrode is semi-annular and wherein the negative electrode is semi-annular.

32\. (New) The sensor of Claim 30, wherein the reference and negative electrodes surround the plurality of detectors.

33\. (New) The sensor of Claim 23, wherein the plurality of detectors includes a first detector group and a second detector group, wherein the first detector group includes at least two detectors housed in respective detector chambers, and wherein the second detector group includes at least two detectors housed in respective detector chambers.

34\. (New) The sensor of Claim 33, wherein a distance between the first emitter group and the first detector group is greater than a distance between the second emitter group and the first detector group.

35\. (New) The sensor of Claim 23, wherein the first emitter group comprises:a first LED configured to emit optical radiation having a first wavelength of between 620 nm and 660 nm;
a second LED configured to emit optical radiation having a third wavelength of between 650 nm and 670 nm; and
a third LED configured to emit optical radiation having a third wavelength of between 900 nm and 910 nm.

36\. (New) The sensor of Claim 35, wherein the second emitter group is configured to emit optical radiation having the first, second, and third wavelengths.

OFFICE ACTION:
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 .
Allowable Subject Matter
Claims 1, 4-5, 8-12, 14-16, 18, 21-36 are allowed.
The following is an examiner’s statement of reasons for allowance: Regarding independent claim 1, for an optical physiological sensor integrated into a wearable device, the optical physiological sensor comprising an first emitter group of light emitting diodes (LEDs) positioned adjacent to the optical center of the substrate and spaced at an offset from the optical center; a second emitter group of LEDs positioned adjacent to the optical center of the substrate at an offset to the optical center and spaced at an offset from the optical center opposite the first emitter group of LEDs relative to the optical center; a plurality of detectors arranged in an annular spatial configuration that surrounds the first emitter group and the second emitter group, wherein each of the plurality of detectors are positioned on the substrate a same distance away from the optical center of the substrate, wherein the annular spatial configuration has a radius of less than 6.75mm has not been suggested or disclosed in the prior art when combined with the rest of the claim limitations of independent claim 1.
Regarding independent claim 23, for an optical physiological sensor integrated into a wearable device, the optical physiological sensor comprising a plurality of detectors arranged in a spatial configuration that surrounds the first and the second emitter group, wherein each of the plurality of detectors are positioned on the substrate a same distance away from the optical center of the substrate; and a light barrier construct mounted on the substrate and defining a first emitter chamber that houses the first emitter group of LEDs, and a second emitter chamber that houses the second emitter group of LEDs, wherein the light barrier construct comprises a light barrier configured to optically isolate the first emitter group of LEDs from the second emitter group of LEDs, wherein a width of the light barrier is less than 1.40mm has not been suggested or disclosed in the prior art when combined with the rest of the claim limitations of independent claim 23.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee.  Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion

APPLICANT REBUTTAL: REMARKSThis paper is filed in response to the Office Action mailed January 8, 2025 (hereinafter "Office Action") in connection with the above-referenced application. By way of summary, claims 1-2, 4-5, and 8-20 were pending in this application. In this paper, Applicant has canceled claims without prejudice or disclaimer, amended claims without prejudice or disclaimer to their previously presented versions, and added claims. No new matter is added. Applicant reserves the right to pursue the previously pending claims and/or subject matter of the previously pending claims in this or another application. Accordingly, claims 1, 4-5, 8-12, 14-16, 18, and 21-36 are pending for consideration.Discussion of Allowable Subject Matter Claims 5 and 20 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. Applicant thanks the Examiner for recognizing the allowability of the claims. Applicant acknowledges the Examiner's statements regarding the allowable subject matter and agrees that the claimed subject matter is patentable. However, any statements in the Office Action should not be attributed to Applicant as an indication of why Applicant believes the claims are patentable. Furthermore, Applicant respectfully asserts that there also may be reasons for patentability of the claimed subject matter not explicitly stated in this record, and Applicant does not waive its rights to such arguments by not further addressing such reasons herein. To the extent that there is any implication in the statements that the patentability of the claims rests on the recitation of a single feature or the combination of particular features in a particular claim, Applicant respectfully disagrees because patentability rests on each claim taken as a whole.Applicant additionally respectfully reserves the right to traverse the characterizations of what any particular reference teaches or suggests, of what any combination of references teaches or suggests, or the appropriateness of combining references.In this Reply, Applicant has amended independent claim 1 to incorporate certain recitations from dependent claims 2 and 20, as well as added independent claim 23 to incorporate certain recitations from dependent claim 5. In light of at least these amendments, Applicant believes that the application is in condition for immediate allowance and respectfully requests the same.Discussion of Claim Rejections Under 35 U.S.C.   103 Claims 1-7, 9-11, 16-19 stand rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 20190090766 to Block et al. ("Block"), cited previously, in view of U.S.Publication No. 20160058309 to Han ("Han").Claim 8 stands rejected under 35 U.S.C. 103 as being unpatentable over Block in view of Han as applied to claim 1 above, and further in view of U.S. Patent No. 11857298 to Allee ("Allee"), cited previously.Claims 12-15 stand rejected under 35 U.S.C. 103 as being unpatentable over Block in view of Han as applied to claim 1 above, and further in view of U.S. Patent No. 10987054 to Pandya ("Pandya"), cited previously.Applicant respectfully traverses each rejection, each finding of fact, including each assertion regarding what the references show or teach, and any rationales for modifying or combining the references, and Applicant does not acquiesce in the validity of the rejections.The Office Action acknowledges that "Block does not specifically show a light barrier construct mounted on the substrate and defining a first emitter chamber that houses the first emitter group of LEDs, and a second emitter chamber that houses the second emitter group of LEDs, wherein the light barrier construct is configured to optically isolate the first emitter group of LEDs from the second emitter group of LEDs" but then relies on at least FIG. 6A of Han as allegedly remedying these deficiencies (Office Action at pg. 3), which is reproduced below in part.As shown above, Han FIG. 6A and other portions fail to teach or suggest "a first emitter chamber that houses the first emitter group of LEDs, and a second emitter chamber that houses the second emitter group of LEDs, wherein the light barrier construct is configured to optically isolate the first emitter group ofLEDs from the second emitter group ofLEDs" as recited in claim 1 (emphasis added). The other cited references fail to remedy the deficiencies of Block and Han.Thus, the cited references, alone or in combination, fail to teach or suggest each of the recitations of claim 1. Thus, claim 1 is not obvious in light of any combination of the cited references for at least the reasons discussed.Nevertheless, to expedite allowance of this application, Applicant has amended the claims as set forth herein. Applicant respectfully requests reconsideration and withdrawal of each rejection. Amended independent claim 1 recites the following:An optical physiological sensor integrated into a wearable device, the optical physiological sensor comprising:a substrate having an optical center;a first emitter group of light emitting diodes (LEDs) positioned adjacent to the optical center of the substrate and spaced at an offset from the optical center;a second emitter group of LEDs positioned adjacent to the optical center of the substrate at an offset to the optical center and spaced at an offset from the optical center opposite the first emitter group of LEDs relative to the optical center;a plurality of detectors arranged in an annular spatial configuration that surrounds the first emitter group and the second emitter group, wherein each of the plurality of detectors are positioned on the substrate a same distance away from the optical center of the substrate, wherein the annular spatial configuration has a radius of less than 6.75mm; and a light barrier construct mounted on the substrate and defining a first emitter chamber that houses the first emitter group of LEDs, and a second emitter chamber that houses the second emitter group of LEDs, wherein the light barrier construct is configured to optically isolate the first emitter group of LEDs from the second emitter group of LEDs.Because the cited references, alone or in combination, fail to teach or suggest each of the recitations of amended independent claim 1 and new claim 23, Applicant respectfully submits that amended claim 1, and newly presented claim 23, are allowable over the cited references. The dependent claims are also allowable for all of the reasons discussed above with respect to one of claims 1 or 23 and also because each of these claims recites a unique combination of features not taught or suggested by the cited references, alone or in combination. Accordingly, Applicant respectfully requests reconsideration and withdrawal of the rejection under 35 U.S.C. 103.No Disclaimers or Disavowals Although the present communication may include alterations to the application or claims, or characterizations of claim scope or referenced art, Applicant is not conceding in this application that previously pending claims are not patentable. Rather, any alterations or characterizations are being made to facilitate expeditious prosecution of this application. Applicant reserves the right to pursue at a later date any previously pending or other broader or narrower claims that capture any subject matter supported by the present disclosure, including subject matter found to be specifically disclaimed herein or by any prior prosecution. Accordingly, reviewers of this or any parent, child or related prosecution history shall not reasonably infer that Applicant has made any disclaimers or disavowals of any subject matter supported by the present application.Please charge any additional fees, including any fees for additional extension of time, or credit overpayment to Deposit Account No. 11-1410.Respectfully submitted, KNOBBE, MARTENS, OLSON & BEAR, LLPDated: March 21, 2025