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
`
`03/20/2023
`
`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)
`
`

`

`
`
`Disposition of Claims*
`1-3 and 6-19 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) 9-11 and 13 is/are withdrawn from consideration.
`[) Claim(s)__ is/are allowed.
`Claim(s) 1-3,6-8,12 and 14-19 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`C] Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`“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){j 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:
`c)() None ofthe:
`b)( Some**
`a) All
`1.4] 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)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`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 20230314
`
`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 17 October 2022.
`C) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() This action is FINAL. 2b)¥)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.
`
`

`

`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.
`
`Continued Examination Under 37 CFR 1.114
`
`A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR
`
`1.17(e), was filed in this application after final rejection. Since this application is eligible for continued
`
`examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the
`
`finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's
`
`submission filed on 10/17/2022 has been entered.
`
`Response to Amendment
`
`Applicant’s remarks and amendments, filed 10/17/2022, are acknowledged and have been
`
`considered. Accordingly, the amendmentsfiled 10/17/2022 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 10/17/2022, pending claims 1-3, 6-8, 14-15, and 18 are
`
`amended; claims 4-5 are canceled; and claim 19 is newly added. In addition, withdrawn claim9is
`
`amended.
`
`Accordingly, claims 1-3, 6-8, 12, and 14-19 are under examination.
`
`

`

`Application/Control Number: 15/961,414
`Art Unit: 3793
`
`Page 3
`
`Note on Previous Indication of Allowance
`
`In the previous Office Action, claims 5 and 6 wereindicated as allowable subject matter.
`
`However, as expressly indicated in the previous Office Action, claims 5 and 6 would be allowable under
`
`certain conditions. Notably, the previous Office Action explicitly stated that claims 5 and 6 would be
`
`allowable if rewritten in independent form including ail of the limitations of the base claim and any
`
`intervening claims. For clarity, the exact language used in the previous Office Action is provided: “Claims
`
`5 and 6 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 anyintervening
`
`claims.” In the claims filed 06/29/2022, claim 5 was dependent on claim 4; claim 4 was dependent on
`
`claim 2; and claim 2 was dependent on claim 1. However, in the claims filed 10/17/2022, amended
`
`independent claim 1 doesnotinclude the limitations of intervening claims 2 and 4. For example, with
`
`respect to claim 2, amended independentclaim1is silent on “the objectis a living body” and “a signal
`
`processing device that generates blood flow information on the target part” as recited in claim 2 filed
`
`06/29/2022. With respect to claim 4, amended independentclaim 1 is silent on “accumulatesthe first
`
`componentas a first signal charge, accumulates the second componentas a second signal charge,
`
`outputs, as the first electric signal, an electric signal representing a total amountof the first signal
`
`charge, and outputs, as the second electric signal, an electric signal representing a total amountof the
`
`second signal charge”as recited in claim 4 filed 06/29/2022. While Applicant submits in the remarks
`
`filed on 10/17/2022 that claim 1 is amendedto include the “portions of claims 2 and 4 necessary to
`
`support the subject matter of claim 5,” Examiner respectfully disagrees, as amended claim 1 does not
`
`include a first signal charge, a second signal charge,the first electric signal, or the second electric signal.
`
`Accordingly, the condition — ‘would be allowable if rewritten in independent form including all of the
`
`limitations of the base claim and any intervening claims’ — is not satisfied, as the limitations of the
`
`intervening claims are not included.
`
`

`

`Application/Control Number: 15/961,414
`Art Unit: 3793
`
`Page 4
`
`Furthermore, this condition is not satisfied for another reason. Not only does amended
`
`independent claim 1 fail to include the limitations of the intervening claims, independent claim 1 also
`
`does not even include all of the limitations of the base claim (with the base claim being independent
`
`claim 1 filed on 06/29/2022). For example, as recited in the claims filed 06/29/2022, independent claim
`
`1 (the ‘base claim’ referred to by Examiner in the previous Office Action) previously included “a light
`
`source that emits at least one first light pulse and at least one second light pulse which are incident on a
`
`target part of an object, the at least one secondlight pulse being different in light power from the at
`
`least onefirst light pulse, each of the at least onefirst light pulse and the at least one secondlight pulse
`
`has a wavelength of not shorter than 650 nm and not greater than 950 nm.” However, amended
`
`independent claim 1 is silent on “the at least one second light pulse being different in light power from
`
`the at least one first light pulse, 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.” Accordingly, the
`
`condition — ‘would be allowable if rewritten in independent form includingall of the /imitations of the
`
`base claim and anyinterveningclaims’ — is not satisfied, as the limitations of the base claim are not
`
`included.
`
`Finally, independentclaim 1 is not in condition for allowance for a third reason. In the remarks
`
`filed 10/17/2022, Applicant submitted that “Applicants have amended claim 1 to include the subject
`
`matter of claim 5, which was indicated to be allowable” on page 1. In response, Examiner respectfully
`
`submits that this statement is not accurate, as Applicant has amendedseveral limitations of previously
`
`pending claim 5 to eliminate certain features. For example, amended independentclaim 1 is silent on
`
`“the first signal charge accumulated in each of the photodetection cells” and “the second signal charge
`
`accumulated in each of the photodetection cells,” as recited in claim 5 filed 06/29/2022. Accordingly, in
`
`direct contrast to the statement in the remarks that claim 1 was amendedtoinclude the subject matter
`
`

`

`Application/Control Number: 15/961,414
`Art Unit: 3793
`
`Page 5
`
`of claim 5, Examiner respectfully submits that independent claim 1 was not amended to include the
`
`subject matter of claim 5.
`
`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 ofrejection 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 present in the application indicating obviousnessor
`
`nonobviousness.
`
`This application currently namesjoint 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 effectivefiling dates of each claim that
`
`

`

`Application/Control Number: 15/961,414
`Art Unit: 3793
`
`Page 6
`
`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.
`
`Claims 1-2, 6, 12, 14, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Kimura et al. (US 2004/0193063 A1, hereinafter “Kimura”) in view of Ishiwata et al. (US 2009/0009595
`
`A1, hereinafter “Ishiwata”), further in view of Sato et al. (US 2015/0304556 A1, hereinafter "Sato").
`
`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; “a light emitting unit
`
`configured to emit individually first and second lights to a measurementportion of the living body"
`
`Kimura: [0024]);
`
`an image sensor (“photo diode (PD) 21” as shownin Fig. 1B; "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 measurementportion, the second reflection light being based on the second light reflected
`
`from the measurementportion" Kimura: [0024)]);
`
`a signal processing circuit ("data processing unit (measuring circuit) illustrated in FIG. 1B"
`
`Kimura: [0042]); and
`
`

`

`Application/Control Number: 15/961,414
`Art Unit: 3793
`
`Page 7
`
`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
`
`communicable with the data processing unit 3" Kimura: [0053], Fig. 1), wherein:
`
`the control circuit causes the light source to emit at least onefirst light pulse and 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 image sensor to detect a 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 at least one first reflected light pulse returning from the target part ("the first reflection light being
`
`based on the first light reflected from the measurement portion" Kimura: [0024]), and
`
`the control circuit causes the image sensor to detect a second component ("receivefirst and
`
`second reflection lights to generate first and second detection signals based on the first and second
`
`reflection lights, respectively" Kimura: [0024]), the second component being a componentoflight
`
`included in at least one second reflected light pulse returning from the target part ("the second
`
`reflection light being based on the second light reflected from the measurement portion" Kimura:
`
`[0024]).
`
`Kimura is not being relied on for teaching:
`
`the at least one first light pulse and the at least one second light pulse being incident ona target
`
`part of an object,
`
`

`

`Application/Control Number: 15/961,414
`Art Unit: 3793
`
`Page 8
`
`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,
`
`the control circuit causes the image sensor to output
`
`a first image signal representing a first two-dimensional distribution of the total amount of the
`
`first component detected during a first period,
`
`a second imagesignal representing a second two-dimensional distribution of the total amount
`
`of the second component detected during a second period thatis identical to or different from the first
`
`period,
`
`a third imagesignal representing a third two-dimensional distribution of the total amountof the
`
`first component detected during a third period preceding the first period, and
`
`a fourth image signal representing a fourth two-dimensional distribution of the total amountof
`
`the second componentdetected during a fourth period preceding the second period, and
`
`the signal processing circuit
`
`receives the first to fourth image signals from the image sensor,
`
`generatesa first difference image corresponding to an amount of change between the first
`
`image signal and the third image signal, and
`
`generates a second difference image corresponding to an amount of change between the
`
`second imagesignal and the fourth image signal.
`
`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
`
`

`

`Application/Control Number: 15/961,414
`Art Unit: 3793
`
`Page 9
`
`endoscope apparatus for observing blood vessels, nerves and the like existing within a living body”
`
`([0003]), and further teaches:
`
`the at least one first light pulse and the at least one second light pulse being incident ona 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),
`
`reflected light pulse returning from the target part ("imagesof 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
`
`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.]).
`
`

`

`Application/Control Number: 15/961,414
`Art Unit: 3793
`
`Page 10
`
`fT
`Re
`$
`Se
`=e
`oe iaN3
`:
`5
`:
`mie
`|
`ae}
`=oF
`Lasinnion RNSarrangesencpeeeeeeleachelleiat
`
`
`
`
`
`AR TWEE ¥
`
`|
`po
`=
`
`”1Se & a .
`
`Rebs
`$
`“
`SARANHSUSUSU s
`[SRS .
`at
`:
`:
`'
`:
`:
`an
`3
`:
`3
`:
`oo
`:
`:
`
`x
`g
`s
`SS SSS
`:
`= CLOSED
`We
`
`:
`:
`3
`srondheeseossoetantanasenotnasnosansnshananineannnnnonnannnnnessiseconedamnmmonseoos
`
`
`
`‘i333
`
`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
`
`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
`
`

`

`Application/Control Number: 15/961,414
`Art Unit: 3793
`
`Page 11
`
`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]).
`
`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 discloses a control circuit in control of an image sensor, as described above, the
`
`combination of Kimura and Ishiwatais not being relied on for teaching:
`
`the control circuit causes the image sensor to output
`
`a first image signal representing a first two-dimensional distribution of the total amount of the
`
`first component detected during a first period,
`
`a second imagesignal representing a second two-dimensional distribution of the total amount
`
`of the second component detected during a second period thatis identical to or different from the first
`
`period,
`
`a third imagesignal representing a third two-dimensional distribution of the total amountof the
`
`first component detected during a third period preceding the first period, and
`
`a fourth image signal representing a fourth two-dimensional distribution of the total amountof
`
`the second componentdetected during a fourth period preceding the second period, and
`
`the signal processing circuit
`
`receives the first to fourth image signals from the image sensor,
`
`

`

`Application/Control Number: 15/961,414
`Art Unit: 3793
`
`Page 12
`
`generatesa first difference image corresponding to an amount of change between the first
`
`image signal and the third image signal, and
`
`generates a second difference image corresponding to an amount of change between the
`
`second imagesignal and the fourth image signal.
`
`However, in a similar invention in the same field of endeavor, Sato teaches an imaging device
`
`(Title) that is configured to convert optical signals received by a plurality of pixels to electrical signals
`
`(Sato: [0011]), as well as calculates a differential signal between the charge signals held by the first
`
`charge holding unit and the second charge holding unit and obtain differential signals based on the
`
`differential values (Sato: [0012]), and further teaches:
`
`the control circuit causes the image sensor to output (“output unit configured to output an
`
`image” Sato: [0025])
`
`a first image signal ("obtains an image signal" Sato: [0055]) representing a first two-dimensional
`
`distribution of the total amountof the first component detected during a first period ("With different
`
`timings, the first and second charge holding units 102 and 103 accumulateelectrical signals obtained by
`
`the photoelectric conversion unit 101 for a certain amountof time and hold the accumulated signals as
`
`charge signals" Sato: [0035]),
`
`a second imagesignal ("obtains an image signal" Sato: [0055]) representing a second two-
`
`dimensional distribution of the total amount of the second component detected during a second period
`
`thatis identical to or different from the first period ("With different timings, the first and second charge
`
`holding units 102 and 103 accumulate electrical signals obtained by the photoelectric conversion unit
`
`101 for a certain amountof time and hold the accumulated signals as charge signals" Sato: [0035]; [Sato
`
`teaches two charge holding units that accumulate and hold a first and second signal charge, and obtains
`
`image signals representing the signal charges.]),
`
`

`

`Application/Control Number: 15/961,414
`Art Unit: 3793
`
`Page 13
`
`a third imagesignal representing a third two-dimensional distribution of the total amountof the
`
`first component detected during a third period preceding the first period ("an image obtained by
`
`capturing a person P when t=1" Sato: [0064], Fig. 7A; “an image obtained by capturing the person P
`
`when t=2"Sato: [0064], Fig. 7B; In this case, the third image signal is when t=1, and the first image signal
`
`is when t=2), and
`
`a fourth image signal representing a fourth two-dimensional distribution of the total amountof
`
`the second componentdetected during a fourth period preceding the second period ("an image
`
`obtained by capturing a person P when t=1"Sato: [0064], Fig. 7A; “an image obtained by capturing the
`
`person P whent=2"Sato: [0064], Fig. 7B; In this case, the fourth image signal is when t=1, and the
`
`second imagesignal is when t=2; Furthermore, Sato teaches that "in order to enable highly accurate
`
`focus control, a plurality of added images, average images, and difference images are used"Sato:
`
`[0073]), and
`
`the signal processing circuit (“term “multiple sampling processing” herein means processing for
`
`sampling signals” Sato: [0037])
`
`receives the first to fourth image signals from the image sensor (“obtain an image signal” Sato:
`
`[0025]),
`
`generatesa first difference image corresponding to an amount of change between the first
`
`imagesignal and the third image signal ("a region Al which is a difference image between the image
`
`obtained when t=1 and the image obtained when t=2" Sato: [0064], Fig. 7C), and
`
`generates a second difference image corresponding to an amount of change between the
`
`second imagesignal and the fourth image signal ("a region Al whichis a difference image between the
`
`image obtained when t=1 and the image obtained when t=2"Sato: [0064], Fig. 7C; Furthermore, Sato
`
`teaches that "in order to enable highly accurate focus control, a plurality of added images, average
`
`images, and difference images are used" Sato: [0073]).
`
`

`

`Application/Control Number: 15/961,414
`Art Unit: 3793
`
`Page 14
`
`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 imaging device and method with the use of image signals and difference images
`
`as taught by Sato. One of ordinaryskill in the art would have been motivated to make this modification
`
`because “it is important in increasing reconstruction image quality to use a space in which an input
`
`image may be expressed in a sparse manner. The study of the present inventors has revealed that, in a
`
`difference image formed ofa differential signal of charge signals, sparsity is high" (Sato: [0063]). Thus, a
`
`"reconstruction image with even higher image quality may be realized" (Sato: [0071]). In addition, one
`
`of ordinaryskill in the art would have been motivated to make this modification because of the
`
`“advantages achieved when a difference image is used” (Sato: [0062]).
`
`Regardingclaim 2, the combination of Kimura, Ishiwata, and Sato discloses:
`
`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 signal processing circuit ("data processing unit (measuring circuit) illustrated in FIG. 1B"
`
`Kimura: [(0042]) 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 amount
`
`of light 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 movein 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 ("measuring unit
`
`

`

`Application/Control Number: 15/961,414
`Art Unit: 3793
`
`Page 15
`
`configured to measure the biological condition based on the different characteristics of the first and
`
`second detection signals" Kimura: [0024]).
`
`Kimura is not being relied on for teaching:
`
`computation based on thefirst difference image and the second difference image.
`
`However, in a similar invention in the same field of endeavor, Sato teaches an imaging device
`
`(Title) that is configured to convert optical signals received by a plurality of pixels to electrical signals
`
`(Sato: [(0011]), as well as calculates a differential signal between the charge signals held by the first
`
`charge holding unit and the second charge holding unit and obtain differential signals based on the
`
`differential values (Sato: [0012]), and further teaches:
`
`computation based on thefirst difference image and the second difference image("a region A1
`
`whichis a difference image between the image obtained when t=1 and the image obtained when t=2"
`
`Sato: [0064], Fig. 7C; "in order to enable highly accurate focus control, a plurality of added images,
`
`average images, and difference images are used" Sato: [0073)).
`
`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 imaging device and method with the use of image signals and difference images
`
`as taught by Sato. One of ordinaryskill in the art would have been motivated to make this modification
`
`because “it is important in increasing reconstruction image quality to use a space in which an input
`
`image may be expressed in a sparse manner. The study of the present inventors has revealed that, in a
`
`difference image formed ofa differential signal of charge signals, sparsity is high" (Sato: [0063]). Thus, a
`
`“reconstruction image with even higher image quality may be realized" (Sato: [0071]). In addition, one
`
`of ordinaryskill in the art would have been motivated to make this modification because of the
`
`“advantages achieved when a difference image is used” (Sato: [0062]).
`
`

`

`Application/Control Number: 15/961,414
`Art Unit: 3793
`
`Page 16
`
`Regarding claim 6, the combination of Kimura, Ishiwata, and Sato discloses:
`
`The measuring device according to claim 1, as described above.
`
`The combination of Kimura and Ishiwata is not being relied on for teaching:
`
`wherein 0.1 < M1/M2 < 10is satisfied when
`
`the first difference image includesfirst pixels each of which has a pixel value exceedinga first
`
`threshold, the first pixels forming a first region,
`
`the second difference image includes second pixels each of which has a pixel value exceeding a
`
`second threshold, the second pixels forming a second region,
`
`M1 is an averagepixel value offirst pixels included in a part of the first region that overlaps the
`
`second region, and
`
`M2 is an average pixel value of second pixels included in a part of the second region that
`
`overlapsthe first region.
`
`However, in a similar invention in a related field of endeavor, Sato teaches an imaging device
`
`(Title) that is configured to convert optical signals received by a plurality of pixels to electrical signals
`
`(Sato: [0011]), as well as calculates a differential signal between the charge signals held by the fir