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 Amendment
The amendment filed on June 23, 2025 was considered by the examiner. Claims 1, 5-10, and 12-14 are pending in the application.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1, 5-10, and 12-14 are rejected under 35 U.S.C. 101 because the claimed invention is directed towards abstract ideas without significantly more.
Claim 1 interpretation: Under the broadest reasonable interpretation (BRI), the terms of the claim are presumed to have their plain meaning consistent with the specification as it would be interpreted by one of ordinary skill in the art. See MPEP 2111. Based on the specification, the recitation “detect a skin region in each of multiple frames” (see specification ¶[0019]-[0024]) is being interpreted as mathematical calculations/evaluations. The recitation “set multiple measurement regions in the skin region in each of the multiple frames in the predetermined time period” (see specification ¶[0025]-[0034]) is being interpreted as mathematical calculations/evaluations. The recitation “extract, from the multiple measurement regions, multiple pulse-wave source signals corresponding to the respective measurement regions” (see specification ¶[0039]-[0040]) is being interpreted as mathematical calculations/evaluations. The recitation “determine, in real time, multiple phase coincidence degrees corresponding to the respective multiple pulse-wave source signals” (see specification ¶[0043]-[0044] and ¶[0048]-[0054]) is being interpreted as mathematical calculations/evaluations. The recitation “specify one of the phase coincidence degrees having the highest degree of phase coincidence of the multiple phase coincidence degrees” (see specification ¶[0055]) is being interpreted as mathematical calculations/evaluations. The recitation “estimate, in real time, a pulse wave of the person based on the base components corresponding to the one specified phase coincidence degree as a first input and the extracted multiple pulse-wave source signals as a second input” (see specification ¶[0054]-[0055]) is being interpreted as mathematical calculations/evaluations. The recitation “calculates interregional phase coincidence degrees between the multiple base components constituting the first pulse-wave source signal and the multiple base components constituting the second pulse-wave source signal in each of the multiple pairs to calculate the interregional phase coincidence degrees corresponding to the respective base components” (see specification ¶[0044]-[0051]) is being interpreted as mathematical calculations/evaluations. The recitation “sets weighting factors based on at least one of the interregional phase coincidence degrees calculated for the respective multiple pair” (see specification ¶[0078]-[0094]) is being interpreted as mathematical calculations/evaluations. The recitation “determines the multiple phase coincidence degrees by applying weights by using the weighting factors and adding the multiple interregional phase coincidence degrees calculated in the respective pairs” (see specification ¶[0052]-[0053]) is being interpreted as mathematical calculations/evaluations. The recitations are computer-implemented, as indicated in the specification (see ¶[0011] and ¶[0056]-[0057]).
Claim 13 interpretation: Under the broadest reasonable interpretation (BRI), the terms of the claim are presumed to have their plain meaning consistent with the specification as it would be interpreted by one of ordinary skill in the art. See MPEP 2111. Based on the specification, the recitation “detecting a skin region in each of multiple frames” (see specification ¶[0019]-[0024]) is being interpreted as mathematical calculations/evaluations. The recitation “setting multiple measurement regions in the skin region in each of the multiple frames in the predetermined time period” (see specification ¶[0025]-[0034]) is being interpreted as mathematical calculations/evaluations. The recitation “extracting, from the multiple measurement regions, multiple pulse-wave source signals corresponding to the respective measurement regions” (see specification ¶[0039]-[0040]) is being interpreted as mathematical calculations/evaluations. The recitation “determining, in real time, multiple phase coincidence degrees corresponding to the respective multiple pulse-wave source signals” (see specification ¶[0043]-[0044] and ¶[0048]-[0054]) is being interpreted as mathematical calculations/evaluations. The recitation “specifying one of the phase coincidence degrees having the highest degree of phase coincidence of the multiple phase coincidence degrees” (see specification ¶[0055]) is being interpreted as mathematical calculations/evaluations. The recitation “estimating a pulse wave of the person based on the base components corresponding to the one specified phase coincidence degree as a first input and the extracted multiple pulse-wave source signals as a second input” (see specification ¶[0054]-[0055]) is being interpreted as mathematical calculations/evaluations. The recitation “interregional phase coincidence degrees between the multiple base components constituting the first pulse-wave source signal and the multiple base components constituting the second pulse-wave source signal in each of the multiple pairs are calculated to calculate the interregional phase coincidence degrees corresponding to the respective base components” (see specification ¶[0044]-[0051]) is being interpreted as mathematical calculations/evaluations. The recitation “weighting factors are set based on at least one of the interregional phase coincidence degrees calculated for the respective multiple pair” (see specification ¶[0078]-[0094]) is being interpreted as mathematical calculations/evaluations. The recitation “the multiple phase coincidence degrees are determined by applying weights by using the weighting factors and adding the multiple interregional phase coincidence degrees calculated in the respective pairs” (see specification ¶[0052]-[0053]) is being interpreted as mathematical calculations/evaluations. The recitations are computer-implemented, as indicated in the specification (see ¶[0011] and ¶[0056]-[0057]).
Claim 14 interpretation: Under the broadest reasonable interpretation (BRI), the terms of the claim are presumed to have their plain meaning consistent with the specification as it would be interpreted by one of ordinary skill in the art. See MPEP 2111. Based on the specification, the recitation “detecting a skin region in each of multiple frames” (see specification ¶[0019]-[0024]) is being interpreted as mathematical calculations/evaluations. The recitation “setting multiple measurement regions in the skin region in each of the multiple frames in the predetermined time period” (see specification ¶[0025]-[0034]) is being interpreted as mathematical calculations/evaluations. The recitation “extracting, from the multiple measurement regions, multiple pulse-wave source signals corresponding to the respective measurement regions” (see specification ¶[0039]-[0040]) is being interpreted as mathematical calculations/evaluations. The recitation “determining, in real time, multiple phase coincidence degrees corresponding to the respective multiple pulse-wave source signals” (see specification ¶[0043]-[0044] and ¶[0048]-[0054]) is being interpreted as mathematical calculations/evaluations. The recitation “specifying one of the phase coincidence degrees having the highest degree of phase coincidence of the multiple phase coincidence degrees” (see specification ¶[0055]) is being interpreted as mathematical calculations/evaluations. The recitation “estimating a pulse wave of the person based on the base components corresponding to the one specified phase coincidence degree as a first input and the extracted multiple pulse-wave source signals as a second input” (see specification ¶[0054]-[0055]) is being interpreted as mathematical calculations/evaluations. The recitation “interregional phase coincidence degrees between the multiple base components constituting the first pulse-wave source signal and the multiple base components constituting the second pulse-wave source signal in each of the multiple pairs are calculated to calculate the interregional phase coincidence degrees corresponding to the respective base components” (see specification ¶[0044]-[0051]) is being interpreted as mathematical calculations/evaluations. The recitation “weighting factors are set based on at least one of the interregional phase coincidence degrees calculated for the respective multiple pair” (see specification ¶[0078]-[0094]) is being interpreted as mathematical calculations/evaluations. The recitation “the multiple phase coincidence degrees are determined by applying weights by using the weighting factors and adding the multiple interregional phase coincidence degrees calculated in the respective pairs” (see specification ¶[0052]-[0053]) is being interpreted as mathematical calculations/evaluations. The recitations are computer-implemented, as indicated in the specification (see ¶[0011] and ¶[0056]-[0057]).
Step 1: This part of eligibility analysis evaluates whether the claim falls within any statutory category. MPEP 2106.03. Claim 1 is directed towards an information processing device and claim 13 is directed towards a non-transitory computer-readable medium, which are directed towards a machine and/or a manufacture (a statutory category of invention). Claim 14 recites an information processing method, which is directed towards a process (a statutory category of invention). Step 1: YES.
Step 2A Prong One: This part of the eligibility analysis evaluates whether the claim recites a judicial exception. As explained in MPEP 2106.04(a)(2)(I). The courts consider mathematical calculations, when the claim is given its BRI in light of the specification, as falling within the “mathematical concept” grouping of abstract ideas. A claim does not have to recite “calculating” in order to be considered a mathematical calculation. For example, a step of “determining” a variable or number using a mathematical method, or “performing” a mathematical operation, may also be considered a mathematical calculation when the BRI of the claim in light of the specification encompasses a mathematical calculation. As discussed in the claim interpretation section, the limitations include, under the BRI, various mathematical calculations/evaluations for the determination of a portion’s relevance. Accordingly, the limitations as seen in claims 1, 13, and 14 recite judicial exceptions (abstract ideas that fall within the mathematical calculations grouping of mathematical concepts).
In particular, claim 1 recites the following elements, which are part of the abstract idea (i.e., the algorithm):
to detect a skin region in each of multiple frames representing video footage in a predetermined time period, the skin region including skin of a person;
to set multiple measurement regions in the skin region in each of the multiple frames in the predetermined time period;
to extract, from the multiple measurement regions, multiple pulse-wave source signals corresponding to the respective measurement regions, each of the extracted pulse-wave source signals indicating a change in luminance in the predetermined time period;
to determine, in real time, multiple phase coincidence degrees corresponding to the respective multiple pulse-wave source signals, each of the multiple phase coincidence degrees indicating a degree of phase coincidence between phases of corresponding base components of the respective multiple pulse-wave source signals, each of the multiple pulse-wave source signals including a plurality of the base components, and the base components per corresponding ones of the multiple pulse-wave source signals are respective frequency components;
to specify one of the phase coincidence degrees having the highest degree of phase coincidence of the multiple phase coincidence degrees;
to estimate, in real time, a pulse wave of the person based on the base components corresponding to the one specified phase coincidence degree as a first input and the extracted multiple pulse-wave source signals as a second input; and
a pulse wave estimation result corresponding to the estimated pulse wave of the person estimated based on the base components corresponding to the specified phase coincidence degree in order to manage and maintain health of the person in their daily life, wherein:
selects multiple pairs each consisting of a first pulse-wave source signal and a second pulse-wave source signal selected from the multiple pulse-wave source signals each said selected pair corresponding to different ones of the multiple measurement regions in the skin region,
calculates interregional phase coincidence degrees between the multiple base components constituting the first pulse-wave source signal and the multiple base components constituting the second pulse-wave source signal in each of the multiple pairs to calculate the interregional phase coincidence degrees corresponding to the respective base components,
sets weighting factors based on at least one of the interregional phase coincidence degrees calculated for the respective multiple pair, magnitudes of the base components, disposition of the measurement regions, size of the measurement regions, and shapes of the measurement regions, and
determines the multiple phase coincidence degrees by applying weights by using the weighting factors and adding the multiple interregional phase coincidence degrees calculated in the respective pairs, each of the multiple interregional phase coincidence degrees being added for each of the corresponding base components,
wherein the output pulse wave estimation result indicates a pulse rate of the person.
Furthermore, claim 13 recites the following elements, which are part of the abstract idea (i.e., the algorithm):
detecting a skin region in each of multiple frames representing video footage in a predetermined time period, the skin region including skin of a person;
setting multiple measurement regions in the skin region in each of the multiple frames in the predetermined time period;
extracting, from the multiple measurement regions, multiple pulse-wave source signals corresponding to the respective measurement regions, each of the extracted pulse-wave source signals indicating a change in luminance in the predetermined time period;
determining, in real time, multiple phase coincidence degrees corresponding to the respective multiple pulse-wave source signals, each of the multiple phase coincidence degrees indicating a degree of phase coincidence between phases of corresponding base components of the respective multiple pulse-wave source signals, each of the pulse-wave source signals including a plurality of the base components, and the base components per corresponding ones of the multiple pulse-wave source signals are respective frequency components;
specifying one of the phase coincidence degrees having the highest degree of phase coincidence of the multiple phase coincidence degrees, and estimating a pulse wave of the person based on the base components corresponding to the one specified phase coincidence degree as a first input and the extracted multiple pulse-wave source signals as a second input; and
a pulse wave estimation result corresponding to the estimated pulse wave of the person estimated based on the base components corresponding to the specified phase coincidence degree in order to manage and maintain health of the person in their daily life, wherein
under a condition where the multiple phase coincidence degrees are determined,
multiple pairs each consisting of a first pulse-wave source signal and a second pulse-wave source signal selected from the multiple pulse-wave source signals are selected, each said selected pair corresponding to different ones of the multiple measurement regions in the skin region,
interregional phase coincidence degrees between the multiple base components constituting the first pulse-wave source signal and the multiple base components constituting the second pulse-wave source signal in each of the multiple pairs are calculated to calculate the interregional phase coincidence degrees corresponding to the respective base components,
weighting factors are set based on at least one of the interregional phase coincidence degrees calculated for the respective multiple pair, magnitudes of the base components, disposition of the measurement regions, size of the measurement regions, and shapes of the measurement regions, and
the multiple phase coincidence degrees are determined by applying weights by using the weighting factors and adding the multiple interregional phase coincidence degrees calculated in the respective pairs, each of the multiple interregional phase coincidence degrees being added for each of the corresponding base components
wherein the output pulse wave estimation result indicates a pulse rate of the person.
Finally, claim 14 recites the following elements, which are part of the abstract idea (i.e., the algorithm):
an information processing method comprising:
detecting a skin region in each of multiple frames representing video footage in a predetermined time period, the skin region including skin of a person;
setting multiple measurement regions in the skin region in each of the multiple frames in the predetermined time period;
extracting, from the multiple measurement regions, multiple pulse-wave source signals corresponding to the respective measurement regions, each of the extracted pulse- wave source signals indicating a change in luminance in the predetermined time period;
determining, in real time, multiple phase coincidence degrees corresponding to the respective multiple pulse-wave source signals, each of the multiple phase coincidence degrees indicating a degree of phase coincidence between phases of corresponding base components of the respective multiple pulse-wave source signals, each of the multiple pulse-wave source signals including a plurality of the base components, and the base components per corresponding ones of the multiple pulse-wave source signals are respective frequency components;
specifying one of the phase coincidence degrees having the highest degree of phase coincidence of the multiple phase coincidence degrees, and estimating a pulse wave of the person based on the base components corresponding to the one specified phase coincidence degree as a first input and the extracted multiple pulse—wave source signals as a second input; and
a pulse wave estimation result estimated based on the base components corresponding to the specified phase coincidence degree in order to manage and maintain health of the person in their daily life, wherein
under a condition where the multiple phase coincidence degrees are determined,
multiple pairs each consisting of a first pulse-wave source signal and a second pulse-wave source signal selected from the multiple pulse-wave source signals are selected, each said selected pair corresponding to different ones of the multiple measurement regions in the skin region,
interregional phase coincidence degrees between the multiple base components constituting the first pulse-wave source signal and the multiple base components constituting the second pulse-wave source signal in each of the multiple pairs are calculated to calculate the interregional phase coincidence degrees corresponding to the respective base components,
weighting factors are set based on at least one of the interregional phase coincidence degrees calculated for the respective multiple pair, magnitudes of the base components, disposition of the measurement regions, size of the measurement regions, and shapes of the measurement regions, and
the multiple phase coincidence degrees are calculated by applying weights by using the weighting factors and adding the multiple interregional phase coincidence degrees calculated in the respective pairs, each of the multiple interregional phase coincidence degrees being added for each of the corresponding base components
wherein the output pulse wave estimation result indicates a pulse rate of the person.
Step 2A Prong One: YES.
Step 2A Prong Two: This part of the eligibility analysis evaluates whether the claim as a whole integrates the judicial exceptions into a practical application of the exception. This evaluation is performed by (a) identifying whether there are any additional elements recited in the claim beyond the judicial exceptions, and (b) evaluating those additional elements individually and in combination to determine whether the claim as a whole integrates the exceptions into a practical application. Claim 1 recites the additional element of an information processing device comprising processing circuitry, which is directed towards a generic computer (see interpretation above). Claim 13 recites the additional element of a non-transitory computer-readable medium that stores therein a program that causes a computer to execute processes, which is directed towards a generic computer (see interpretation above). Claim 14 recites the additional element of an information processing device, which is directed towards a generic computer (see interpretation above). Furthermore, the output of the pulse wave estimation result and indicated pulse rate is generic computer functionality of outputting data (such as to a display or to another device via wired/wireless communication). The devices/method are merely instructions to implement an abstract idea on a generic computer or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.04(d) and MPEP 2106.05(f).
Furthermore, claims 1 and 13-14 recite the additional element that the pulse wave estimation result is output “in order to manage and maintain health of the person in their daily life”. A claim that recites a particular treatment or prophylaxis “meaningfully limits the claim by going beyond generally linking the use of the judicial exception to a particular technological environment, and thus transforms a claim into patent-eligible subject matter. See MPEP § 2106.04(d)(2). In order to qualify as a “treatment” or “prophylaxis", the claim limitation in question must affirmatively recite an action that effects a particular treatment or prophylaxis for a disease or medical condition. If the limitation does not actually provide a treatment or prophylaxis, e.g., it is merely an intended use of the claimed invention or a field of use limitation, then it cannot integrate a judicial exception under the "treatment or prophylaxis" consideration. For example, a step of "prescribing a topical steroid to a patient with eczema" is not a positive limitation because it does not require that the steroid actually be used by or on the patient, and a recitation that a claimed product is a "pharmaceutical composition" or that a "feed dispenser is operable to dispense a mineral supplement" are not affirmative limitations because they are merely indicating how the claimed invention might be used. In this case, no treatment or prophylaxis is affirmatively recited by claims 1 and 13-14. The claims merely output “a pulse wave estimation result” with no indication of how such a result actually manages and maintains the health of the person in their daily life. Just because such a result could be utilized to instruct on a treatment or prophylaxis, no actual treatment or prophylaxis is affirmatively recited. Therefore, this claimed element cannot be seen as integration into a practical application.
Step 2A Prong Two: NO.
Step 2B: This part of the eligibility analysis evaluates whether the claim as a whole, amounts to significantly more than the recited exception, i.e., whether any additional element, or combination of additional elements, adds an inventive concept to the claim. MPEP 2106.05. As explained with Step 2A Prong Two, the claims recite additional elements which are directed towards the usage of a generic computer, and are at best the equivalent of merely adding the words “apply it” to the judicial exceptions. Mere instructions to apply an exception cannot provide an inventive concept. These elements/steps can be seen as well-understood, routine, and conventional individually and in combination. Claim 1 recites the additional element of an information processing device comprising processing circuitry, which is directed towards a generic computer (see interpretation above). Claim 13 recites the additional element of a non-transitory computer-readable medium that stores therein a program that causes a computer to execute processes, which is directed towards a generic computer (see interpretation above). Claim 14 recites the additional element of an information processing device, which is directed towards a generic computer (see interpretation above). Thus, the devices/method do not qualify as significantly more because these limitations are simply appending well-understood, routine and conventional activities previously known in the industry, specified at a high level of generality, to the judicial exception, e.g., a claim to an abstract idea requiring no more than a generic computer to perform generic computer functions that are well-understood, routine and conventional activities previously known in the industry (see Electric Power Group, 830 F.3d 1350 (Fed. Cir. 2016); Alice Corp. v. CLS Bank Int’l, 110 USPQ2d 1976 (2014)) and/or a claim to an abstract idea requiring no more than being stored on a computer readable medium which is a well-understood, routine and conventional activity previously known in the industry (see Electric Power Group, 830 F.3d 1350 (Fed. Cir. 2016); Alice Corp. v. CLS Bank Int’l, 110 USPQ2d 1976 (2014); SAP Am. v. InvestPic, 890 F.3d 1016 (Fed. Circ. 2018)).
Looking at the limitations as an ordered combination (that is, as a whole) adds nothing that is not already present when looking at the elements taking individually. There is no indication that the combination of elements improves the functioning of a computer, for example, or improves any other technology. There is no indication that the combination of elements permits automation of specific tasks that previously could not be automated. There is no indication that the combination of elements includes a particular solution to a computer-based problem or a particular way to achieve a desired computer-based outcome. Rather, the collective functions of the claimed invention merely provide conventional computer implementation, i.e., the computer is simply a tool to perform the process. Step 2B: NO.
Claims 1 and 13-14 are not eligible.
Claims 5-10 and 12 depend from claim 1 and merely further define the abstract ideas of claim 1 with no further element that integrates the abstract idea into a practical application or that qualifies as being significantly more. Looking at the limitations of each claim as an ordered combination in conjunction with the claims from which they depend (that is, as a whole) adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer, for example, or improves any other technology. There is no indication that the combination of elements permits automation of specific tasks that previously could not be automated. There is no indication that the combination of elements includes a particular solution to a computer-based problem or a particular way to achieve a desired computer-based outcome.
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-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) 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 either status.
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 ordinary skill 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 contents of the 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 obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as 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 owned as 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, 6, 8-9, and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Mori et al. (US Patent Application Publication 2018/0256046 – cited by applicant), hereinafter Mori, and in view of Nakata et al. (US Patent Application Publication 2017/0112382 – cited by applicant), hereinafter Nakata, and in view of Tomita (Japanese Patent Document JP 2017-000625 – cited by applicant, citing to translation provided by applicant), hereinafter Tomita.
Regarding Claims 1 and 13-14, Mori teaches acquiring a pulse wave from a plurality of image frames via detected luminance (see abstract and ¶[0096]-[0097]; Figs. 1 and 14-15). Mori teaches an information processing device/method comprising processing circuitry (¶[0007] the processor, ¶[0029] the pulse wave analyzing apparatus 100 is a computer; Fig. 1);
non-transitory computer-readable medium that stores therein a program that causes a computer to execute processes of (¶[0007] the memory, ¶[0029] the pulse wave analyzing apparatus 100 is a computer; Fig. 1):
to detect a skin region in each of multiple frames representing video footage in a predetermined time period, the skin region including skin of a person (¶[0103]-[0114] the face of the subject is extracted in each image frame, the face region is the skin region; Figs. 4-6);
to set multiple measurement regions in the skin region in each of the multiple frames in the predetermined time period (¶[0103]-[0114] the measurement regions are the different regions extracted on the face of the subject for each frame; Figs. 4-6);
to extract, from the multiple measurement regions, multiple pulse-wave source signals corresponding to the respective measurement regions, each of the extracted pulse-wave source signals indicating a change in luminance in the predetermined time period (¶[0070]-[0072] the partial waveforms are extracted from each region of the subject over the predetermined time period, the frames of the moving image, ¶[0096]-[0097] and ¶[0119]-[0121] the luminance of the subject in the images is used for the pulse wave determination; Fig. 7);
to determine, in real time (see ¶[0040]), multiple phase coincidence degrees corresponding to the respective multiple pulse-wave source signals, each of the multiple phase coincidence degrees indicating a degree of phase coincidence between phases of corresponding base components of the respective multiple pulse-wave source signals, each of the multiple pulse-wave source signals including a plurality of the base components (¶[0072]-[0086] and ¶[0141]-[0165] the first matching degree that is calculated between the different parts of the face, the matching degree is the phase coincidence degree, ¶[0197]-[0198] the matching degree may be determined between any number of parts of a face, a degree is determined for each combination of facial part, the base components are the attenuation between pulse waves analyzed in time series; Figs. 10-12);
to specify one of the phase coincidence degrees having the highest degree of phase coincidence of the multiple phase coincidence degrees (¶[0072]-[0090] and ¶[0166]-[0170] the index value that is determined based off of the matching degrees determined for the facial parts, the index value may take different forms, but is always indicative of the pulse wave to be determined versus noise, the index value may be a maximum, so the pulse wave may be determined based on an index value indicating a highest degree of matching between the facial parts, ¶[0197]-[0198] the matching degree may be determined between any number of parts of a face, a degree is determined for each combination of facial part, the base component is the attenuation between pulse waves analyzed in time series, therefore, the index value indicating a highest degree of matching between the facial parts, of the different combinations, would be considered the highest degree of phase coincidence; Figs. 10-13);
to estimate, in real time (see ¶[0040]), a pulse wave of the person based on the base components corresponding to the one specified phase coincidence degree as a first input (¶[0072]-[0090], ¶[0166]-[0170], and ¶[0197]-[0198] the index value that is determined based off of the matching degrees determined for the facial parts, the index value may take different forms, but is always indicative of the pulse wave to be determined versus noise, the index value may be a maximum, so the pulse wave may be determined based on an index value indicating a highest degree of matching between the facial parts, such that the pulse wave portions of the signal match, and the noise portions do not, and the noise is removed, and the pulse wave signal is determined out of the different combinations of regions as indicated by the index value; Fig. 13) and the extracted multiple pulse-wave source signals as a second input (¶[0074]-[0080] the index value may also be a second matching degree indicating a matching degree between different partial waveforms in the pulse waveforms at any part, the at any part different partial waveforms is the second input, see also ¶[0173]-[0180], the first and second matching degrees may be utilizes in the pulse wave determination, including the pulse wave waveforms at any part, which would be the second input); and
to output, in real time (see ¶[0040]), to outside the information processing device a pulse wave estimation result corresponding to the estimated pulse wave of the person estimated based on the base components corresponding to the specified phase coincidence degree in order to manage and maintain health of the person in their daily life (¶[0087]-[0088] different outputs may be output to a display, printout to a printer, or transmission to an external device, in which the output may include the result (pulse wave) determined to have no noise (the index value indicating the highest degree of matching, the highest degree of phase coincidence), such outputs are being considered as intended use, and could be used to manage and maintain health of the person in their daily life), wherein
the processing circuitry:
selects multiple pairs each consisting of a first pulse-wave source signal and a second pulse-wave source signal selected from the multiple pulse-wave source signals, each said selected pair corresponding to different ones of the multiple measurement regions in the skin region, calculates interregional phase coincidence degrees between the multiple base components constituting the first pulse-wave source signal and the multiple base components constituting the second pulse-wave source signal in each of the multiple pairs to calculate the interregional phase coincidence degrees corresponding to the respective base components (¶[0072]-[0086] and ¶[0141]-[0165] the first matching degree that is calculated between the different parts of the face, the matching degree is the phase coincidence degree, ¶[0197]-[0198] the matching degree may be determined between any number of parts of a face, a degree is determined for each combination of facial part; Figs. 10-12),
wherein the output pulse wave estimation result indicates a pulse rate of the person (¶[0087]-[0088] different outputs may be output to a display, printout to a printer, or transmission to an external device, in which the output may include the pulse rate of the subject calculated from the determined pulse wave of the subject).
Mori is silent regarding to set weighting factors based on at least one of the interregional phase coincidence degrees calculated for the respective multiple pair, magnitudes of the base components, disposition of the measurement regions, size of the measurement regions, and shapes of the measurement regions, and to determine the multiple phase coincidence degrees by applying weights by using the weighting factors and adding the multiple interregional phase coincidence degrees calculated in the respective pairs, each of the multiple interregional phase coincidence degrees being added for each of the corresponding base components.
Nakata teaches acquiring a pulse wave from a plurality of image frames via detected brightness (see abstract; Fig. 1). Nakata teaches an information processing device/method comprising processing circuitry (¶[0038] the processor of the pulse-wave detection device 10, ¶[0064]-[0066] the CPU, MPU, etc.; Fig. 1);
non-transitory computer-readable medium that stores therein a program that causes a computer to execute processes of (¶[0029] the pulse-wave detection program, ¶[0064]-[0066] the memory of the pulse-wave detection device 10):
to detect a skin region in each of multiple frames representing video footage in a predetermined time period, the skin region including skin of a person (¶[0049] the ROI setting unit 16 detects the face region 210 in each image frame, the face region 210 is the skin region; Fig. 2);
to set multiple measurement regions in the skin region (¶[0049] and ¶[0094]-[0095] the region of interest (ROI) in the face region 210 in each frame, the ROI is the measurement region, the multiple measurement regions are the pixels in each; ¶[0049] and ¶[0113]-[0117] the blocks of the ROI region are the measurement regions, the multiple blocks per frame are the multiple measurement regions; Figs. 13-15);
to extract, from the multiple measurement regions, multiple pulse-wave source signals corresponding to the respective measurement regions, each of the extracted pulse-wave source signals indicating a change in luminance in the predetermined time period (¶[0051] the calculating unit 17 calculates the representative value of brightness in the ROI between the frames, ¶[0118]-[0120] and ¶[0127]-[0130] the brightness between the blocks of the ROI that are extracted via the extracting unit 32; the brightness is determined for the frames N and N-1, which would be the predetermined time period; Figs. 3 and 16);
to determine, in real time (see ¶[0075]), multiple phase coincidence degrees corresponding to the respective multiple pulse-wave source signals, each of the multiple phase coincidence degrees indicating a degree of phase coincidence between phases of corresponding base components of the respective multiple pulse-wave source signals, each of the multiple pulse-wave source signals including a plurality of the base components (¶[0051]-[0053] and ¶[0131] the components of the brightness, the different wavelengths, such as RGB, are the base components, the difference in brightness between the frames up to frame N-1 is the phase coincidence degrees corresponding to the respective pulse-wave source signals is added; Figs. 3 and 16); and
to specify one of the phase coincidence and estimate a pulse wave of the person based on the base components corresponding to the specified phase coincidence degree (¶[0051]-[0061] the selection of the component to be used in the pulse wave determination, such as G, or G and R, then the pulse wave is determined using the specific frequency components; Figs. 3 and 16),
sets weighting factors based on at least one of the interregional phase coincidence degrees calculated for the respective multiple pair, magnitudes of the base components, disposition of the measurement regions, size of the measurement regions, and shapes of the measurement regions, and determines the multiple phase coincidence degrees by applying weights by using the weighting factors and adding the multiple interregional phase coincidence degrees calculated in the respective pairs, each of the multiple interregional phase coincidence degrees being added for each of the corresponding base components (¶[0037], ¶[0048], ¶[0094]-[0098], ¶[0117], and ¶[0138] the weights are applied to the brightness calculation based on the pixel location in the image frame and/or size/shape of the ROI and pixel location, ¶[0051]-[0053] and ¶[0131] the difference in brightness between the frames up to frame N-1 is the phase coincidence degrees corresponding to the respective pulse-wave source signals is added; Figs. 10-11).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the weighting of Nakata with the pulse wave device/method of Mori because (1) it is the application of a known technique to a known device/method ready for improvement to yield predictable results and/or (2) using the weightings of Nakata would improve the accuracy of the pulse wave determination device/method of Mori.
The modified Mori is silent that the base components per corresponding ones of the multiple pulse wave source signals are respective frequency components.
Tomita teaches a signal processing method that involves collecting measurement signals from different locations, and determining the correlation between the plurality of signals based on phase synchronicity (see Overview and ¶[0014]-[0015]). Tomita teaches that a square of a Fourier spectrum (as this is squared, would be considered an absolute value) of each signal may be used to indicate the correlation between the two signals (see ¶[0029]-[0030] and ¶[0057]-[0058]). Here, the Fourier spectrum (frequency domain) would comprise the frequency components of the signal, therefore the base components would be frequency components.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the Fourier spectrum correlation of Tomita as the phase coincidence of the modified Mori because (1) it is the application of a known technique to a known device ready for improvement to yield predictable results; and/or (2) analyzing the signals in the frequency domain would make it easier to identify and isolate specific frequency components, in this case, the pulse wave signal versus noise; and/or (3) frequency domain analysis may be less computationally intense, which would require less processing/power in a portable device.
Regarding Claim 6, Mori in view of Nakata and Tomita teaches the device of claim 1 as stated above. The modified Mori further teaches the processing circuitry sets the weighting factors based on the distance between two of the measurement regions (see Nakata ¶[0037], ¶[0048], ¶[0094]-[0098], ¶[0117], and ¶[0138] the positioning of the ROI’s may change relative to one another, and the weightings may be based upon the overlap and/or threshold to boundary region of the ROIs, so they may be adjusted based on distance).
The modified Mori does not specifically teach that the weighting is adjusted such that the larger the distance between two of the measurement regions corresponding to each of the multiple pairs is, the heavier the weights are.
Since the weights of pixels in the regions may be set and are not specified, it suggests that the weights of the modified Mori are subject to optimization based on the desired performance (the accuracy of the pulse wave determination, and what the weights are based on). As such, the desired weight for each part of the region is a results-effective variable that would have been optimized through routine experimentation based on the desired performance. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select appropriate weight, using the basis of Nakata as a starting point, so as to obtain the desired performance. Thus, the heavier weights corresponding to distance between ROIs would have been obvious.
Regarding Claim 8, Mori in view of Nakata and Tomita teaches the device of claim 1 as stated above. The modified Mori further teaches the processing circuitry sets the weighting factors based on the changes in the sizes of two of the measurement regions corresponding to each other in each of the multiple pairs (see Nakata ¶[0037], ¶[0048], ¶[0094]-[0098], ¶[0117], and ¶[0138] the size of the ROI may change, and the weightings may be based upon the overlap and/or threshold to boundary region of the ROIs, so the weighting may be updated based on the sizing of the ROIs; Figs. 10-11).
The modified Mori does not specifically teach that the weighting is adjusted such that the more similar changes in the sizes of two of the measurement regions corresponding to each other in each of the multiple pairs are, the heavier the weights are.
Since the weights of pixels in the regions may be set and are not specified, it suggests that the weights of the modified Mori are subject to optimization based on the desired performance (the accuracy of the pulse wave determination, and what the weights are based on). As such, the desired weight for each part of the region is a results-effective variable that would have been optimized through routine experimentation based on the desired performance. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select appropriate weight, using the basis of Nakata as a starting point, so as to obtain the desired performance. Thus, the heavier weights corresponding to region size similarity would have been obvious.
Regarding Claim 9, Mori in view of Nakata and Tomita teaches the device of claim 1 as stated above. The modified Mori further teaches the processing circuitry sets the weighting factors based on the changes in the shapes of two of the measurement regions corresponding to each other in each of the multiple pairs (see Nakata ¶[0037], ¶[0048], ¶[0094]-[0098], ¶[0117], and ¶[0138] the shape of the ROI may change, and the weightings may be based upon the overlap and/or threshold to boundary region of the ROIs, so the weighting may be updated based on the shape of the ROIs; Figs. 10-11).
The modified Mori does not specifically teach that the weighting is adjusted such that the more similar changes in the shapes of two of the measurement regions corresponding to each other in each of the multiple pairs are, the heavier the weights are.
Since the weights of pixels in the regions may be set and are not specified, it suggests that the weights of the modified Mori are subject to optimization based on the desired performance (the accuracy of the pulse wave determination, and what the weights are based on). As such, the desired weight for each part of the region is a results-effective variable that would have been optimized through routine experimentation based on the desired performance. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select appropriate weight, using the basis of Nakata as a starting point, so as to obtain the desired performance. Thus, the heavier weights corresponding to region shape similarity would have been obvious.
Regarding Claim 12, Mori in view of Nakata and Tomita teaches the device of claim 1 as stated above. The modified Mori further teaches the base components are frequency components of the pulse-wave source signals, and the interregional phase coincidence degrees are each an absolute value of a phase difference between one of the frequency components constituting the first pulse-wave source signal and a corresponding one of the corresponding frequency components constituting the second pulse-wave source signal (see Tomita ¶[0029]-[0030] and ¶[0057]-[0058] a square of a Fourier spectrum (as this is squared, would be considered an absolute value) of each signal may be used to indicate the correlation between the two signals, the Fourier spectrum (frequency domain) would comprise the frequency components of the signal, therefore the base components would be frequency components).
Claims 5 and 10 are rejected under 35 U.S.C. 103 as being unpate