www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`15/961,414
`
`04/24/2018
`
`TERUHIRO SHIONO
`
`083710-2199
`
`3301
`
`McDermott Will and Emery LLP
`The McDermott Building
`500 North Capitol Street, N.W.
`Washington, DC 20001
`
`VAN WINTER, RICHMONDJ
`
`3793
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`07/22/2022
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`mweipdocket@mwe.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Application No.
`Applicant(s)
`15/961,414
`SHIONO etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`RICHMOND J VAN WINTER
`3793
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 09 December 2021.
`C) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)[¥) This action is FINAL.
`2b) (J This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`
`
`Disposition of Claims*
`1-18 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) 9-11 and 13 is/are withdrawn from consideration.
`1) Claim(s)__ is/are allowed.
`Claim(s) 1-4,7-8,12 and 14-18 is/are rejected.
`)
`Claim(s) 5-6 is/are objectedto.
`O Claim(s
`are subject to restriction and/or election requirement
`)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`Application Papers
`10)C) The specification is objected to by the Examiner.
`11) The drawing(s) filed on 24 April 2018 is/are: a)(¥} accepted or b)[ objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`cc) None ofthe:
`b)LJ Some**
`a)Y) All
`1.¥) Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have beenreceived in Application No.
`3.2.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20220712
`
`

`

`Application/Control Number: 15/961,414
`Art Unit: 3793
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA 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.
`
`Response to Amendment
`
`Applicant’s remarks and amendments, filed 06/29/2022, are acknowledged and have been
`
`considered. Accordingly, the amendmentsfiled 06/29/2022 are entered.
`
`Status of Claims
`
`Claims 1-18 were previously pending in the application, with claims 9-11 and 13 having
`
`previously been withdrawn.
`
`As of the amendmentsto the claims filed 06/29/2022, claim 1 is amended. No claims are
`
`canceled or newly added.
`
`In addition, as previously indicated, clairms 5 and 6 are objected to as being dependent upon a
`
`rejected base claim, but would be allowable if rewritten in independent form includingall of the
`
`limitations of the base claim and anyinterveningclaims.
`
`Accordingly, claims 1-8, 12, and 14-18 are under examination.
`
`Claim Objections
`
`Claims 5 and 6 are objected to as being dependent upon a rejected base claim, but would be
`
`allowable if rewritten in independent form includingall of the limitations of the base claim and any
`
`intervening claims.
`
`

`

`Application/Control Number: 15/961,414
`Art Unit: 3793
`
`Page 3
`
`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-AlA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory
`
`basis 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 eitherstatus.
`
`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 ordinaryskill 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 contentsofthe 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 presentin the application indicating obviousness or
`
`nonobviousness.
`
`This application currently names joint inventors. In considering patentability of the claims the
`
`examiner presumesthat the subject matter of the various claims was commonly ownedas of the
`
`effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised
`
`of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that
`
`was not commonly ownedas of the effective filing date of the later invention in order for the examiner
`
`to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art
`
`against the later invention.
`
`

`

`Application/Control Number: 15/961,414
`Art Unit: 3793
`
`Page 4
`
`Claims 1-2, 12, 14, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Kimura
`
`et al. (US 2004/0193063 Al, hereinafter “Kimura”) in view of Ishiwata et al. (US 2009/0009595A1,
`
`hereinafter “Ishiwata”), further in view of Samecet al. (CN 107530034 A, hereinafter “Samec’”).
`
`Regarding claim 1, Kimura discloses “an apparatus for measuring a biological condition of a
`
`living body” (Abstract), and further discloses:
`
`A measuring device ("apparatus for measuring a biological condition of a living body" Kimura:
`
`[0023]) comprising:
`
`a light source (“infrared LED 17” and “green LED 19” as shownin Fig. 1B) that emits at least one
`
`first light pulse and at least one second light pulse on a target part of an object ("a light emitting unit
`
`configured to emit individually first and second lights to a measurementportion of the living body"
`
`Kimura: [0024]), the at least one second light pulse being different in light power from the at least one
`
`first light pulse ("the intensity of the infrared light irradiated from the infrared LED 17 is sufficiently
`
`reduced as comparedwith that of the green right irradiated from the green LED 19" Kimura: [0088));
`
`a photodetector (“photo diode (PD) 21” as shownin Fig. 1B) that detects at least one first
`
`reflected light pulse returning from the target part and at least one second reflected light pulse
`
`returning from the target part ("a light receiving unit configured to receive first and second reflection
`
`lights to generate first and second detection signals based on the first and second reflection lights,
`
`respectively, the first reflection light being based on the first light reflected from the measurement
`
`portion, the second reflection light being based on the second light reflected from the measurement
`
`portion" Kimura: [0024]); and
`
`a control circuit ("measuring apparatus 1, as shownin FIG. 1, is composed of a data processing
`
`unit 3, a pulse wave sensor 5 communicable with the data processing unit 3, and a driving circuit 7
`
`

`

`Application/Control Number: 15/961,414
`Art Unit: 3793
`
`Page 5
`
`communicable with the data processing unit 3" Kimura: [0053], Fig. 1) that controls the light source
`
`("pulse wave sensor 5, which is optical reflection sensor, is provided with a housing 23 having a
`
`substantially rectangular solid shape with one opened end wall, an infrared LED (light emitting device)
`
`17 and a green LED 19, whichareinstalled in the housing 23 and served as light emitting elements"
`
`Kimura: [0057]) and the photodetector ("pulse wave sensor 5 is also provided with a photo diode (PD)
`
`21s a light sensitive element" Kimura: [0057]), wherein:
`
`the control circuit causes the light source to emit the at least one first light pulse and the at least
`
`one second light pulse at different timings ("driving circuit 7 is operative to supply driving voltages to the
`
`infrared LED 17 and the green LED 19 at different timings, respectively, thereby causing the infrared LED
`
`17 and the green LED 19 to emitlight at different timings, respectively" Kimura: [0058]; "after a
`
`predetermined sampling interval, such as 50 milliseconds [msec], has elapsed from the emission of the
`
`green LED 17, the microcomputer 15 transmits the control signal" Kimura: [0097], Fig. 6),
`
`the control circuit causes the photodetector to detect a first component and outputa first
`
`electric signal representing the first component("receive first and second reflection lights to generate
`
`first and second detection signals based on the first and second reflection lights, respectively" Kimura:
`
`[0024]), the first component being a componentoflight included in the at least one first reflected light
`
`pulse ("the first reflection light being based on the first light reflected from the measurementportion"
`
`Kimura: [0024]), and
`
`the control circuit causes the photodetector to detect a second componentand output a second
`
`electric signal representing the second component("receive first and second reflection lights to
`
`generatefirst and second detection signals based on the first and second reflection lights, respectively"
`
`Kimura: [0024]), the second component being a componentof light included in the at least one second
`
`reflected light pulse ("the second reflection light being based on the second light reflected from the
`
`measurementportion" Kimura: [0024)]).
`
`

`

`Application/Control Number: 15/961,414
`Art Unit: 3793
`
`Page 6
`
`Kimura is not being relied on for teaching:
`
`at least one first light pulse and at least one second light pulse which are incident on a target
`
`part of an object,
`
`each of the at least one first light pulse and the at least one second light pulse has a wavelength
`
`of not shorter than 650 nm and notgreater than 950 nm;
`
`duringa falling period, the falling period being a period from a point in time at which the at least
`
`one second reflected light pulse starts decreasing in light power to a point in time at which the at least
`
`one second reflected light pulse finishes decreasing in light power.
`
`However, in a similar invention in the same field of endeavor, Ishiwata teaches “a technique for
`
`optically observing an observation object site within a living body, and in particular, to a scattering
`
`medium internal observation apparatus, an image pickup system, an image pickup method and an
`
`endoscope apparatus for observing blood vessels, nerves and the like existing within a living body”
`
`([0003]), and further teaches:
`
`at least one first light pulse and at least one second light pulse which are incident on a target
`
`part of an object ("FIG. 13B shows a schematic diagram regarding the behavior of light Lb incident into a
`
`scattering material Wb" Ishiwata: [0248], Fig. 13B);
`
`a componentoflight included in the reflected light pulse ("images of light in the shaded portion
`
`amongthe graph representing image pickup light intensity shown in the lower third of FIG. 15 can be
`
`picked up" Ishiwata: [0256]) during a falling period ([See Ishiwata Fig. 15, in which the bottom chart
`
`showsthe intensity of the reflected light pulse being in a falling period. To clarify, the image pickup light
`
`intensity represents the intensity of the reflected light pulse.]), the falling period being a period from a
`
`point in time at which the at least one second reflected light pulse starts decreasing in light power to a
`
`

`

`Application/Control Number: 15/961,414
`Art Unit: 3793
`
`Page 7
`
`point in time at which the at least one second reflected light pulse finishes decreasing in light power
`
`([Ishiwata’s Fig. 15 showsthe intensity of the reflected light pulse in a falling period, as the figure shows
`
`the span from a pointin time at which the reflected light pulse starts decreasing in light power to a point
`
`in time at which the reflected light pulse finishes decreasing in light power.]).
`
`y
`:
`oN
`0
`ose
`¢
`$
`PESs,
`xe
`ae
`i
`ee i
`Se ¢
`ERS
`:
`‘
`Res
`y
`x
`wee
`:
`i
`es i
`i
`x
`;
`i
`Be
`anwaneornndiv SAARTETANY
`
`
`
`Pe es
`OFEN
`
`Set
`& x
`=<w
`=
`g
`x= ee
`REESEANNI
`5
`:
`a
`3
`;
`be
`3
`S
`:
`SRE
`Be gegen,
`f
`g
`
`= TLEESER brantadhauanuansanesnssesannennnnnnn
`
`ns
`
`:
`:
`
`:
`‘
`phananaaanannann od
`>
`‘
`:
`x
`“
`s
`$
`x
`a
`*
`g
`‘
`3
`°
`*
`
`Leste SLLELLLSELATETtiddel
`saastaesnife
`
`POPPOILOPIED2DbbbatteReena
`
`
`
`3
`
`TINE T
`
`It would have been obvious to one of ordinaryskill in the art before the effective filing date of
`
`the claimed invention to have modified the apparatus for measuring biological condition disclosed by
`
`Kimura, by including the timing control apparatus as taught by Ishiwata. One of ordinaryskill in the art
`
`would have been motivated to make this modification because "when simply observinglight returning
`
`from the scattering material, intense light returning from near the surface acts as noise light that makes
`
`it difficult to observe an observation object site in the scattering material" (Ishiwata: [0180]). Thus, it is
`
`beneficial to include "a timing control apparatus that controls an image pickup timing of the image
`
`pickup apparatus, wherein the timing control apparatus is configured so as to match an irradiating
`
`

`

`Application/Control Number: 15/961,414
`Art Unit: 3793
`
`Page 8
`
`interval of the illuminating apparatus with an image pickup interval of the image pickup apparatus, and
`
`to send, to the image pickup apparatus, an imagepickup timing signal that causes an image to be picked
`
`up after a predetermined time lag from an irradiating timing of the illuminating apparatus such that an
`
`image of at least a portion of unnecessary scattered light occurring at the sample illuminated by the
`
`illuminating apparatusis not picked up" (Ishiwata: [0178]). Specifically relating to the benefits of
`
`detecting a reflected light pulse during the falling period, Ishiwata discloses the benefit that the "image
`
`pickup can be performed brighter than performing instantaneous image pickup oflight exactly
`
`reflected/scattered at the observation object site P" (Ishiwata: [0256]).
`
`To clarify the above portion of the rejection of independent claim 1, the emission and detector
`
`of the first light pulse and second light pulse is clearly disclosed by the primary reference, Kimura. The
`
`secondaryreference, Ishiwata, was cited to make obvious a componentoflight included in the reflected
`
`light pulse during a falling period, as shownin Fig. 15 and described above.
`
`While Kimura certainly teaches that at least one light pulse has a wavelength of not shorter than
`
`650 nm and notgreater than 950 nm (“infrared LED 17 is configured to irradiate an infrared light with a
`
`wavelength of approximately 940 nm” Kimura: [0063]), the combination of Kimura and Ishiwata is not
`
`being relied on for teaching:
`
`eachof the at least one first light pulse and the at least one second light pulse has a wavelength
`
`of not shorter than 650 nm and notgreater than 950 nm.
`
`However, in a similar invention in the same field of endeavor of detecting blood oxygen
`
`saturation in a subject, Samec teaches “a method for determining a blood oxygen saturation of the user
`
`of the system”(pg. 23) including “one or a plurality of radiation emitters... to transmit the
`
`electromagnetic radiation of the predetermined wavelength of the plurality of light-emitting diode” (pg.
`
`

`

`Application/Control Number: 15/961,414
`Art Unit: 3793
`
`Page 9
`
`23), “one or a plurality of electromagnetic radiation detector can be located and oriented to receive
`
`encountered in the retina of an eye of a user of the at least one blood vessel” (pg. 23), and “a controller
`
`[that] can be configured to operate one or a plurality of electromagnetic radiation emitters and one or a
`
`plurality of electromagnetic radiation detector” (pg. 23), and further teaches:
`
`eachof the at least one first light pulse and the at least one second light pulse has a wavelength
`
`of not shorter than 650 nm and notgreater than 950 nm (“plurality of light-emitting diode can be
`
`configuredin order to about 660 nanometers wavelength 1st and about 940 nanometersof 2nd
`
`wavelength emission of electromagnetic radiation” Samec: pg. 23; “each transmitter (832, 834) is
`
`configured to two wavelength (operates at 660 nm and about 940 nm) can be controlled emission of
`
`electromagnetic radiation, for example through the LED” Samec: pg. 26).
`
`Furthermore, Samec teaches many additional features of independent claim 1 that were
`
`described aboveas being taught by either Kimura or Ishiwata.
`
`It would have been obvious to one of ordinaryskill in the art before the effective filing date of
`
`the claimed invention to have modified the apparatus for measuring biological condition disclosed by
`
`Kimura, by including the method for determining a blood oxygen saturation of the user as taught by
`
`Samec. One of ordinaryskill in the art would have been motivated to make this modification because
`
`each of the transmitters is controlled to emit electromagnetic radiation at two wavelengths and is
`
`configured to irradiate the oxygenation and deoxygenation of hemoglobin of the target, and can be
`
`configured to control this pulse emission cycle at either the same time or sequentially (Samec: pg. 26).
`
`One ofordinaryskill in the art would have been further motivated to make this modification because of
`
`the ability for the plurality of detectors to receive data including oxygenation and deoxygenation of
`
`hemoglobin of target radiation, “in order to makeit possible to measure absorption and
`
`calculating/estimating blood oxygen saturation” (Samec: pg. 26). In addition, while a pulse oximeter is
`
`generally configured to at least partially enclose a finger or lobe of the structure, Samec teaches a
`
`

`

`Application/Control Number: 15/961,414
`Art Unit: 3793
`
`Page 10
`
`“desktop style system, for example chart 4 C shown (812), to observe the eyes of absorbing differences
`
`of the blood vessel, such as retinal blood vessels” (Samec: pg. 22).
`
`Regardingclaim 2, the combination of Kimura, Ishiwata, and Samecdiscloses:
`
`The measuring device according to claim 1, as described above.
`
`Kimura further discloses:
`
`wherein: the objectis a living body ("method and an apparatus for measuring a biological
`
`condition of a living body" Kimura: [0001]), and
`
`the measuring device further comprises a signal processing circuit ("data processing unit
`
`(measuring circuit) illustrated in FIG. 1B" Kimura: [0042]) that generates blood flow information on the
`
`target part ("volume of hemoglobin in the capillary arteries CA fluctuates in response to the pulsation of
`
`blood flowing therein so that the amountoflight absorbed in the hemoglobin also fluctuates" Kimura:
`
`[0074]; “fluctuations of hemoglobin's volume, that is, moves in pulse waves cause the amountoflight
`
`detected by the PD 21 to move in pulse waves, so that the change of the amountof detectedlight is
`
`transmitted to the data processing unit 3 as pulse wave information, such as voltage signal" Kimura:
`
`[0076]) through computation based on thefirst electric signal and the second electric signal ("measuring
`
`unit configured to measurethe biological condition based on the different characteristics of the first and
`
`second detection signals" Kimura: [0024]).
`
`Regarding claim 12, the combination of Kimura, Ishiwata, and Samecdiscloses:
`
`The measuring device according to claim 1, as described above.
`
`Kimura further discloses:
`
`wherein the at least one second light pulse is higher in light power than the at least one first
`
`light pulse (“control the light emitting unit so that the light emitting unit controls that at least one of an
`
`

`

`Application/Control Number: 15/961,414
`Art Unit: 3793
`
`Page 11
`
`intensity and an amountofthe first light is lower than at least one of an intensity and an amountof the
`
`second light” Kimura: [0029]).
`
`Regarding claim 14, the combination of Kimura, Ishiwata, and Samecdiscloses:
`
`The measuring device according to claim 1, as described above.
`
`Kimura is not being relied on for teaching:
`
`wherein the control circuit causes the photodetector to start detecting the second component
`
`after the point in time at which the at least one second reflected light pulse starts decreasingin light
`
`power by setting a period from a point in time at which the light source emits the at least one second
`
`light pulse to a point in time at which the photodetector starts detecting the second componentin
`
`accordancewith a value indicating a distance from the light source to the target part.
`
`However, in a similar invention in the same field of endeavor, Ishiwata teaches “a technique for
`
`optically observing an observation object site within a living body, and in particular, to a scattering
`
`medium internal observation apparatus, an image pickup system, an image pickup method and an
`
`endoscope apparatus for observing blood vessels, nerves and the like existing within a living body”
`
`([0003]), and further teaches:
`
`wherein the control circuit causes the photodetector (“image pickup apparatus 106”Fig. 12) to
`
`start detecting (“electronic shutter that opens and closes an imagepickup gate is provided” Ishiwata:
`
`[0242]) the second componentafter the point in time at which the at least one second reflected light
`
`pulse starts decreasing in light power ([As shownin Fig. 15 included below,the detection of the signal
`
`componentis started (represented by opening of the shutter) after the point in time at which the
`
`reflected light pulse starts decreasing in light power (represented by the decreasing intensity of the
`
`image pickup light).]) by setting a period from a point in time ("an amount of time lag can be optimized
`
`and a favorable pickup image can be obtained" Ishiwata: [0216]) at which the light source emits the at
`
`

`

`Application/Control Number: 15/961,414
`Art Unit: 3793
`
`Page 12
`
`least one second light pulse to a point in time at which the photodetector starts detecting the second
`
`component ("timing control apparatus 109 is configured so as to use an irradiating timing of the
`
`illuminating apparatus 105 detected based on the trigger signal that drives the illuminating apparatus
`
`105 for controlling an image pickup timing of the image pickup apparatus 106" Ishiwata: [0243]) in
`
`accordancewitha value indicating a distance from the light source to the target part ("Change the image
`
`pickup timing or the shutter timing in accordance with the changein the distances of the illuminating
`
`apparatus and the image pickup apparatus with respect to the sample so that imagepickup is always
`
`performed under certain image pickup conditions" Ishiwata: [0208]).
`
`ttt
`:t:
`
`
`
`iy
`bdayceetdetaiky
`
`
`
`SS AVE ¥
`
`i;
`
`Samant NASSARTTTNTRnSSCAG
`ie
`
`:
`gRS
`“
`3
`at
`:
`;
`&
`:
`utemene 3
`7 aus
`
`3
`ew GEN &
`5
`.
`g
`x
`
`
`
`x Fev. SAANNNNPNPIPAPIA3 g * AANA
`
`
`et
`5
`:
`¥
`ee
`:
`3
`:
`*
`3
`x
`*
`=
`eR
`;
`:
`§
`3
`3
`:
`:
`:
`3
`:
`s
`dire
`3
`z
`:
`2
`*
`3
`:
`3
`Ray
`3
`:
`a
`SPE Fey
`8
`3
`:
`g
`SSS
`*
`"
`*
`aos
`Seses
`seeinannneeereATTA
`. Bosses» TERE T
`eh
`‘
`:
`~
`
`
`
`
`
`eeatd &grananinsnninensnnnsnddetde gg
`
`4 L
`
`It would have been obvious to one ofordinaryskill in the art before the effective filing date of
`
`the claimed invention to have modified the apparatus for measuring biological condition disclosed by
`
`Kimura, by including the timing control apparatus as taught by Ishiwata. One of ordinaryskill in the art
`
`would have been motivated to make this modification because "when simply observinglight returning
`
`

`

`Application/Control Number: 15/961,414
`Art Unit: 3793
`
`Page 13
`
`from the scattering material, intense light returning from near the surface acts as noise light that makes
`
`it difficult to observe an observation object site in the scattering material" (Ishiwata: [0180]). Thus, it is
`
`beneficial to include "a timing control apparatus that controls an image pickup timing of the image
`
`pickup apparatus, wherein the timing control apparatus is configured so as to matchan irradiating
`
`interval of the illuminating apparatus with an image pickup interval of the image pickup apparatus, and
`
`to send,to the image pickup apparatus, an imagepickup timing signal that causes an image to be picked
`
`up after a predetermined time lag from an irradiating timing of the illuminating apparatus such that an
`
`image of at least a portion of unnecessary scattered light occurring at the sample illuminated by the
`
`illuminating apparatus is not picked up"(Ishiwata: [0178]). Specifically relating to the benefits of
`
`detecting a reflected light pulse during the falling period, Ishiwata discloses the benefit that the "image
`
`pickup can be performed brighter than performing instantaneous image pickup oflight exactly
`
`reflected/scattered at the observation object site P" (Ishiwata: [0256]).
`
`Regardingclaim 18, the combination of Kimura, Ishiwata, and Samecdiscloses:
`
`The measuring device according to claim 1, as described above.
`
`Kimura is not being relied on for teaching:
`
`wherein the control circuit causes the photodetector to detect the first component in a period
`
`from a point in time at which the at least one first reflected light pulse starts increasing in light power to
`
`a point in time at which the at least one first reflected light pulse finishes decreasing in light power.
`
`However, in a similar invention in the same field of endeavor, Ishiwata teaches “a technique for
`
`optically observing an observation object site within a living body, and in particular, to a scattering
`
`medium internal observation apparatus, an image pickup system, an image pickup method and an
`
`endoscope apparatus for observing blood vessels, nerves and the like existing within a living body”
`
`([0003]), and further teaches:
`
`

`

`Application/Control Number: 15/961,414
`Art Unit: 3793
`
`Page 14
`
`wherein the control circuit causes the photodetector (“image pickup apparatus 106”Fig. 12) to
`
`detect the first componentin a period from a point in time at which the at least one first reflected light
`
`pulse starts increasing in light power to a point in time at which the at least one first reflected light pulse
`
`finishes decreasing in light power ("there may be cases where an observation can be performed easier
`
`when brighter even if a certain amount of unnecessary scattered light remains and contrast is somewhat
`
`inferior" Ishiwata: [0259]; “an amount of time lag can be optimized and a favorable pickup image can be
`
`obtained even when an adequate value of the amountof time lag between the irradiating timing and
`
`the imagepickup timing for removing unnecessaryscattered light cannot be accurately estimated in
`
`advance or when a complete removal of unnecessary scattered light results in insufficient brightness of
`
`an pickup image" Ishiwata: [0216]).
`
`As described above, Ishiwata provides a teaching for a scenario in which “complete removal of
`
`unnecessaryscattered light results in insufficient brightness,” as well as “cases where an observation
`
`can be performed easier when brighter even if a certain amount of unnecessary scatteredlight
`
`remains.” The timing control apparatus of Ishiwata is included for the purpose of causing “a shutter
`
`timing of the shutter apparatus to be delayed by a predetermined time period from an irradiating timing
`
`of the illuminating apparatus so that an image of at least a portion of unnecessary scattered light
`
`occurring at the sample illuminated by the illuminating apparatus is not picked up"(Ishiwata: [0217]). In
`
`other words, the timing control apparatus is configured to delay the opening of the shutter to a certain
`
`point in time such that unnecessary noise is not detected, thus producing favorable detection
`
`conditions. Thus, since Ishiwata discloses “cases where an observation can be performed easier when
`
`brighter even if a certain amount of unnecessary scattered light remains,” this provides a teaching for
`
`the limitation required by claim 18 in the sense that these cases will not require the use of the timing
`
`control apparatus and instead will perform detection from a point in time at which the reflected light
`
`pulse starts increasing in light power. Since the unnecessaryscatteredlight remains, the photodetector
`
`

`

`Application/Control Number: 15/961,414
`Art Unit: 3793
`
`Page 15
`
`is detecting the full component of the reflected light pulse including the noise, meaning that the
`
`detection is starting from when the reflected light pulse starts increasing in power and continuesall the
`
`way through to when the reflected light pulse finishes decreasing in power.
`
`It would have been obvious to one of ordinaryskill in the art before the effective filing date of
`
`the claimed invention to have modified the apparatus for measuring biological condition disclosed by
`
`Kimura, by including the timing control apparatus as taught by Ishiwata. One of ordinaryskill in the art
`
`would have been motivated to make this modification because "there may be cases where an
`
`observation can be performed easier when brighter even if a certain amount of unnecessary scattered
`
`light remains and contrast is somewhatinferior" (Ishiwata: [0259]). One of ordinary skill in the art would
`
`be further motivated to make this modification because “an amountof time lag can be optimized and a
`
`favorable pickup image can be obtained even when an adequatevalue of the amount of time lag
`
`between the irradiating timing and the image pickup timing for removing unnecessary scatteredlight
`
`cannotbe accurately estimated in advance or when a complete removal of unnecessary scattered light
`
`results in insufficient brightness of an pickup image"(Ishiwata: [0216]).
`
`In addition, Ishiwata discloses that “the timing control apparatus 109 is preferably configured
`
`such that, after setting an amountof time lag between an irradiating timing and a shutter timingtoan
`
`arbitrary initial value and having the image pickup apparatus 106 perform preliminary image pickup, the
`
`amountof time lag is varied based on a result of the image pickup to optimize a state of scattered light
`
`removal from a pickup image of the image pick