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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 10-11, 17-18, 24-25 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Regarding Applicant’s argument concerning support, the Examiner agrees paragraph 110 states
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While this paragraph describes the general conditions of the size of the figures related to the region of interest, it does not explicitly disclose determining a ratio, which appears to be required by the limitation "...wherein a size of each of the plurality of figures is increased from the second area size to the fourth area size in the second frame in a way that there is a second ratio between the fourth area size and the third area size as the second ratio is determined by dividing the fourth area size with the third area size, and the second ratio is smaller than the first ratio",
The Examiner agrees the prior art NGO does not expressly teach determining a ratio, but the relationship between the size of the figure to the size of region of interest remains the same as applicant’s claimed invention.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, ,10-11, 17-18, 24-25 and 27-30 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites “display superpose, on the first frame of the consecutive images, a plurality of figures that are discontinuous with each other and superposed on the region of interest as each of the plurality of figures is superposed on a different vertex of four vertices of the region of interest detected from the first frame and has a second area size, wherein there is a first ratio between the second area size and the first area size as the first ratio is determined based on the second area size divided by the first area size”. The original disclosure fails to disclose this limitation. While technically a person could divide any number by any other number to create a ratio (i.e. the definition of a ratio). The original disclosure fails to disclose actually determining a ratio as required by the claim.
Claims 10-11, 17-18, 24-25 and 27-30 are rejected as dependent upon a rejected claim.
No Prior Art reads on the claims as currently written. In particular, the claims currently require determining a ratio, which is not taught by any of the prior art of record. This particular limitation is rejected under 35 USC 112 1st paragraph.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GANDHI THIRUGNANAM whose telephone number is (571)270-3261. The examiner can normally be reached M-F 8:30-5PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sumati Lefkowitz can be reached at 571-272-3638. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GANDHI THIRUGNANAM/Primary Examiner, Art Unit 2672
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