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 .
Status of the Claims
Claims 1-35 are currently pending in the present application, with claim 1 being independent.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/21/2022 have been considered by the examiner.
Specification
The abstract of the disclosure is objected to because it exceeds the single paragraph range of 50 to 150 words in length. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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.
Claim(s) 27-31 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claim(s) 27-31 is/are drawn to a processor-readable medium having stored thereon processor-executable instructions, where the processor-readable medium can be transitory, i.e., is not explicitly limited, as disclosed, as only being non-transitory processor-readable medium, therefore, fail(s) to fall within a statutory category of invention.
A claim directed to a processor-readable medium having stored thereon processor-executable instructions embodied is non-statutory, where the processor-readable medium can be a signal, a carrier wave, or a data structure, per se, which are non-statutory as noted, infra. A claim directed to a signal, a carrier wave, or a data structure, per se, is non-statutory because it is not:
A process, or
A machine, or
A manufacture, or
A composition of matter.
Applicant should note that adding "non- transitory" to the claim to limit a claimed processor-readable medium to being statutory would be acceptable.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION. —The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 17-18, 20-21, and 24 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “generally” in claims 17-18, and 20 is a relative term which renders the claim indefinite. The term “generally” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claims depending thereon are also rejected for substantially similar reasons as that set forth for the claims from which they depend on.
Claim 21 recites the limitation "third target indicator". Claim 21 depends from claim 17, but the “third target indicator” is only introduced in claim 19, therefore there is insufficient antecedent basis for this limitation in the claim.
Claim 24 recites the limitation "the visual graphic". Claim 24 depends from claim 19, but the “visual graphic” is only introduced in claim 23, therefore there is insufficient antecedent basis for this limitation in the claim.
The examiner respectfully requests the applicant to clarify the scope of the claimed invention.
Claims 17-18, 20-21, and 24 will be examined as best understood by the examiner.
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.
Claim(s) 1-2, 4-30, and 32-35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Devine et al. (US 20190370448), hereinafter referred to as “Devine”, in view of Fu et al. (WO 2017000031), hereinafter referred to as “Fu”.
Regarding claim 1, Devine discloses a user interface for a display device for capturing image data (Par. 0374; FIG. 11A, electronic device 900 displays introduction user interface (UI) 1106 with initiate affordance 1108. Electronic device 900 receives input 1110 at initiate affordance 1108 to start the process of enrolling the user's face for biometric authentication. Par. 0379; electronic device 900 displays face enrollment UI 1114. Face enrollment UI 1114 includes a facial image of the user…captured by one or more cameras on device 900), the user interface comprising:
a live video presentation of a user captured contemporaneously by an image sensor (Par. 0372; Electronic device 900 includes biometric sensor 903…includes one or more biometric sensors that can include a camera. Par. 0379; facial image optionally is live preview of the image data captured by one or more cameras (e.g., a digital viewfinder) that updates continuously as the field of view of the camera),
a framing element for presenting a boundary of a capture area for aligning a facial area of the user in the live video presentation (FIG. 11S and Par. 0382; Enrollment UI 1146 includes a face glyph (e.g., a representation of a biometric feature (e.g., face)), a tracking indicator for presenting tracking of movement of an anatomical feature of the facial area of the user in the live video presentation as the anatomical feature moves within the capture area of the framing element (FIG. 11D-11F and Par. 0379; Face enrollment UI 1114 also optionally includes an orientation guide that is superimposed (overlaid) on the facial image. The orientation guide is, optionally, a set of curved lines that extend into a z-dimension (e.g., along an axis normal to the plane of the display) and intersect over the center of the facial image…. relative to the plane of display 902 to give a sense of the position of the user's head in three-dimensional space. Examiner's note: As shown in Fig. 11D to Fig. 11E, the intersecting lines at the center provide a visual indicator of the tracked facial alignment/pose relative to the capture area, serving as the current tracked facial positioning (i.e., tracking indicator)),
and one or more target indicators presented within the capture area (Par. 0380; FIG. 11D, the progress elements are a set of lines that extend radially outward from the facial image arranged in a circular pattern…the progress elements indicate an orientation of the user's face needed to enroll corresponding facial features.). Par. 0382; Enrollment UI 1146 includes a face glyph (e.g., a representation of a biometric feature (e.g., face)) …, and an enrollment progress meter. Examiner's note: Progress elements act as target indicators, corresponding to required positional/pose targets that the tracked face must satisfy during the "gently move your head to complete the circle" enrollment routine in Fig. 11E), wherein the user interface is configured to present a feedback response to a proximity concurrence of the tracking indicator and the one or more target indicators (FIG. 11D and Par. 0380-0382; progress elements in the upper portion of the enrollment progress meter optionally move, fill in, elongate, and/or change color…progress elements in the enrollment progress meter in an unenrolled state (e.g., the progress elements are greyed out, unchanged…the user activates continue affordance 1148 on enrollment introduction UI 1146. Examiner's note: When the tracked face satisfies given target condition (i.e., reaches the corresponding pose/orientation needed for that portion of the circle), the user interface updates by changing the corresponding progress elements (fill)).
Devine does not disclose a user interface for a display device for capturing image data for selecting a patient interface according to patient interface size.
In the same art of UI for biometric feature analysis, Fu discloses a user interface for a display device for capturing image data for selecting a patient interface according to patient interface size (Par. 0052; selecting a patient interface according to patient interface size…receiving image data captured by an image sensor).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Fu’s patient-interface sizing and selection into Devine’s guided facial capture UI. Doing so allows an interface workflow to use that same captured facial data to choose an appropriately sized interface, improving scalability for virtual sizing and selection processes. For virtual mask selection, accurately sized interfaces for patient’s mask customization reduce time in the selection process, automating the process rather than merely enrollment and capture.
Regarding claim 2, Devine in view of Fu discloses the user interface of claim 1, and further discloses wherein the user interface is configured to present a feedback response to an alignment concurrence of the facial area of the user in the live video presentation within the capture area (Devine Par. 0375-0378; initiate affordance 1108… a suitable orientation for enrolling the user's face is a portrait orientation that is upright (e.g., vertical), where the portrait orientation is such that biometric sensor 903 is at the top of the device…prompt 1112D prompts the user to rotate the device 180 degrees (e.g., via text and/or a pictorial illustration of the direction in which to rotate the device). In some examples, prompt 1112D includes an animation of a representation of electronic device 900 rotating clockwise or counterclockwise 180 degrees to indicate to the user the action needed to orient the device to a suitable orientation for enrolling the user's face).
Devine and Fu are combined for the reasons set forth above with respect to claim 1.
Regarding claim 4, Devine in view of Fu discloses the user interface of claim 1, and further discloses wherein the one or more target indicators is configured to present the feedback response to the proximity concurrence (Devine FIG. 11D-11F and Par. 0380-0382; progress elements in the upper portion of the enrollment progress meter optionally move, fill in, elongate, and/or change color…progress elements in the enrollment progress meter in an unenrolled state (e.g., the progress elements are greyed out, unchanged…the user activates continue affordance 1148 on enrollment introduction UI 1146).
Devine and Fu are combined for the reasons set forth above with respect to claim 1.
Regarding claim 5, Devine in view of Fu discloses the user interface of claim 4, and further discloses wherein the one of the one or more target indicators is configured to present an indication of the proximity concurrence (Devine FIG. 11D-11F and Par. 0380-0382; progress elements in the upper portion of the enrollment progress meter optionally move, fill in, elongate, and/or change color…progress elements in the enrollment progress meter in an unenrolled state (e.g., the progress elements are greyed out, unchanged…the user activates continue affordance 1148 on enrollment introduction UI 1146).
Devine and Fu are combined for the reasons set forth above with respect to claim 1.
Regarding claim 6, Devine in view of Fu discloses the user interface of claim 5, and further discloses wherein the indication of the proximity concurrence presents a visual change to a target indicator (Devine FIG. 11E and Par. 0380-0382; progress elements in the upper portion of the enrollment progress meter optionally move, fill in, elongate, and/or change color…progress elements in the enrollment progress meter in an unenrolled state (e.g., the progress elements are greyed out, unchanged…the user activates continue affordance 1148 on enrollment introduction UI 1146), of the one or more target indicators, that visually contacts the tracking indicator (Devine FIG. 11E. Examiner's note: As the user moves their head to complete the circle, the system continuously compares the tracked facial pose/location (represented by the tracking indicator at the center of the facial guide) to successive target conditions represented by the progress elements. When the tracked face satisfies given target condition (i.e., reaches the corresponding pose/orientation needed for that portion of the circle), the user interface updates by changing the corresponding progress elements (fill). In this way, the tracking indicator visually contacts the target indicators because the display transitions the progress element upon concurrence between the tracked facial pose and the target progress element).
Devine and Fu are combined for the reasons set forth above with respect to claim 1.
Regarding claim 7, Devine in view of Fu discloses the user interface of claim 1, and further discloses wherein the user interface is configured to present an indication of an extent of the proximity concurrence (Devine Par. 0380-0383; enrollment progress meter…success-state meter).
Devine and Fu are combined for the reasons set forth above with respect to claim 1.
Regarding claim 8, Devine in view of Fu discloses the user interface of claim 7, and further discloses wherein the one or more target indicators is configured to present the indication of the extent of the proximity concurrence (Devine FIG. 11D-11F and Par. 0380-0382; progress elements in the upper portion of the enrollment progress meter optionally move, fill in, elongate, and/or change color…progress elements in the enrollment progress meter in an unenrolled state (e.g., the progress elements are greyed out, unchanged…the user activates continue affordance 1148 on enrollment introduction UI 1146).
Devine and Fu are combined for the reasons set forth above with respect to claim 1.
Regarding claim 9, Devine in view of Fu discloses the user interface of claim 7, and further discloses wherein the extent comprises duration of the proximity concurrence (Devine Par. 0380-0383; enrollment progress meter… the success-state meter…indication that the first scan is complete).
Devine and Fu are combined for the reasons set forth above with respect to claim 1.
Regarding claim 10, Devine in view of Fu discloses the user interface of claim 7, and further discloses wherein the indication of extent of the proximity concurrence presents a visual change to a target indicator (Devine Par. 0380-0383; progress elements in the upper portion of the enrollment progress meter optionally move, fill in, elongate, and/or change color… the success-state meter is a solid, continuous green circle surrounding the facial image that provides a visual indication that the first scan is complete), of the one or more target indicators, that visually contacts the tracking indicator (Devine FIG. 11E).
Devine and Fu are combined for the reasons set forth above with respect to claim 1.
Regarding claim 11, Devine in view of Fu discloses the user interface of claim 7, and further discloses wherein the indication of extent of the proximity concurrence comprises an increasing or decreasing visual intensity, size or area of a target indicator (Devine Par. 0380-0383; progress elements in the upper portion of the enrollment progress meter optionally move, fill in, elongate, and/or change color… the success-state meter is a solid, continuous green circle surrounding the facial image that provides a visual indication that the first scan is complete), of the one or more target indicators, that visually contacts the tracking indicator (Devine FIG. 11E).
Devine and Fu are combined for the reasons set forth above with respect to claim 1.
Regarding claim 12, Devine in view of Fu discloses the user interface of claim 11, and further discloses wherein the indication of extent of the proximity concurrence comprises an increasing a fill area of a target indicator (Devine FIG. 11D-11F and Par. 0380-0382; progress elements in the upper portion of the enrollment progress meter optionally move, fill in, elongate, and/or change color), of the one or more target indicators, that visually contacts the tracking indicator (Devine FIG. 11E).
Regarding claim 13, Devine in view of Fu discloses the user interface of claim 1, and further discloses wherein the one or more target indicators comprises a set of target indicators, wherein the set of target indicators is arranged and/or activated to induce a pattern of movement of the user within the framing element (Devine Par. 0380; In the example of FIG. 11D, the progress elements are a set of lines that extend radially outward from the facial image arranged in a circular pattern. In some examples, the progress elements indicate an orientation of the user's face needed to enroll corresponding facial features. For example, progress elements in the upper portion of the enrollment progress meter optionally move, fill in, elongate, and/or change color when the user's head is tilted upwards).
Devine and Fu are combined for the reasons set forth above with respect to claim 1.
Regarding claim 14, Devine in view of Fu discloses the user interface of claim 13, and further discloses wherein the set of target indicators is arranged and/or activated to induce the pattern of movement within the framing element, wherein the pattern of movement comprises multidirectional movements (Devine Par. 0381; user to move (e.g., rotate and/or tilt) their head in a circular motion during the enrollment process. FIG. 11; Gently move your head to complete the circle).
Devine and Fu are combined for the reasons set forth above with respect to claim 1.
Regarding claim 15, Devine in view of Fu discloses the user interface of claim 14, and further discloses wherein the multidirectional movements comprise orthogonal movements (Devine Par. 0381; user to move (e.g., rotate and/or tilt) their head in a circular motion during the enrollment process. FIG. 11; Gently move your head to complete the circle).
Devine and Fu are combined for the reasons set forth above with respect to claim 1.
Regarding claim 16, Devine in view of Fu discloses the user interface of claim 1, and further discloses wherein the one or more target indicators comprises a set of target indicators (Devine FIG. 11D-11F and Par. 0380-0382; progress elements), the set of target indicator comprising a first target indicator (Devine FIG. 11D-11F; progress elements in the left portion) and a second target indicator (Devine FIG. 11D-11F; progress elements in the right portion), wherein the first target indicator is positioned away from the second target indicator to induce a range of motion of the anatomical feature tracked by the tracking indicator from the first target indicator to the second target indicator (Devine Par. 0381; user to move (e.g., rotate and/or tilt) their head in a circular motion during the enrollment process. FIG. 11; Gently move your head to complete the circle. Examiner's note: The following image has been annotated by the examiner, the red arrow points to the progress element representing the first target indicator, blue arrow points to the progress element representing the second target indicator, positioned away from each other).
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Devine and Fu are combined for the reasons set forth above with respect to claim 1.
Regarding claim 17, Devine in view of Fu discloses the user interface of claim 16, and further discloses wherein the range of motion is in a generally horizontal direction (Devine FIG. 11E; user moves their head towards the left and right portion progress elements).
Devine and Fu are combined for the reasons set forth above with respect to claim 1.
Regarding claim 18, Devine in view of Fu discloses the user interface of claim 16, and further discloses wherein the range of motion is in a generally vertical direction (Devine FIG. 11E; user moves their move towards the upper and lower portion progress elements).
Devine and Fu are combined for the reasons set forth above with respect to claim 1.
Regarding claim 19, Devine in view of Fu discloses the user interface of claim 16, and further discloses wherein the set of target indicators further comprises a third target indicator (Devine FIG. 11D-11F; progress elements in the upper portion) and a fourth target indicator (Devine FIG. 11D-11F; progress elements in the lower portion) , wherein the third target indicator is positioned away from the fourth target indicator to induce a further range of motion of the anatomical feature tracked by the tracking indicator from the third target indicator to the fourth target indicator (Devine Par. 0381; user to move (e.g., rotate and/or tilt) their head in a circular motion during the enrollment process. FIG. 11; Gently move your head to complete the circle. Examiner's note: The following image has been annotated by the examiner, the blue arrow points to the progress element representing the third target indicator, the yellow arrow points to the progress element representing the fourth target indicator, positioned away from each other).
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Devine and Fu are combined for the reasons set forth above with respect to claim 1.
Regarding claim 20, Devine in view of Fu discloses the user interface of claim 19, and further discloses wherein the further range of motion is in a generally vertical direction (Devine FIG. 11E; user moves their move towards the upper and lower portion progress elements (vertical head movement)).
Devine and Fu are combined for the reasons set forth above with respect to claim 1.
Regarding claim 21, Devine in view of Fu discloses the user interface of claim 17, and further discloses wherein the third target indicator is positioned horizontally between the first target indicator and the second target indicator (Devine FIG. 11D-11F; Examiner’s note: The following image has been annotated by the examiner, the upper indicator is horizontally between the left and right indicator (as shown with the green arrow = third target indicator, red arrow = first target indicator, and blue arrow = second target indicator).
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Devine and Fu are combined for the reasons set forth above with respect to claim 1.
Regarding claim 22, Devine in view of Fu discloses the user interface of claim 21, and further discloses wherein the third target indicator is centrally positioned between the first target indicator and the second target indicator (Devine FIG. 11D-11F; Examiner’s note: The following image has been annotated by the examiner, the upper indicator is centered between the left and right indicator (as shown with the green arrow = third target indicator, red arrow = first target indicator, and blue arrow = second target indicator).
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Devine and Fu are combined for the reasons set forth above with respect to claim 1.
Regarding claim 23, Devine in view of Fu discloses the user interface of claim 1, and further discloses wherein the anatomical feature of the facial area of the user is a nose of the user (Devine Par. 0380; orientation of the user's face needed to enroll corresponding facial features. Par. 0418; Given the orientation of the face, biometric sensor 903 can capture some information about the face…(e.g., chin, bottom of the nose, etc.)…(e.g., eyes, eyebrows, upper portion of the nose, etc.)) in the live video presentation (Devine Par. 0379; facial image optionally is live preview of the image data captured by one or more cameras (e.g., a digital viewfinder) that updates continuously as the field of view of the camera), and the tracking indicator comprises a visual graphic on the nose (Devine FIG. 11D-11F and Par. 0397; The orientation guide is, optionally, a set of curved lines that extend into a z-dimension (e.g., along an axis normal to the plane of the display) and intersect over the center of the facial image).
Devine and Fu are combined for the reasons set forth above with respect to claim 1.
Regarding claim 24, Devine in view of Fu discloses the user interface of claim 19, and further discloses wherein the visual graphic is on a tip of the nose in the live video presentation (Devine FIG. 11D-11F and Par. 0397; The orientation guide is, optionally, a set of curved lines that extend into a z-dimension (e.g., along an axis normal to the plane of the display) and intersect over the center of the facial image).
Devine and Fu are combined for the reasons set forth above with respect to claim 1.
Regarding claim 25, Devine in view of Fu discloses the user interface of claim 1, and further discloses further comprising a presentation that, visually and/or by audio using a sound generator, presents instructions for directing movement of the anatomical feature within the capture area to obtain the feedback response to the proximity concurrence (Devine FIG. 11E and Par. 0381; Face enrollment UI 1114 also includes a text prompt, which instructs the user to move (e.g., rotate and/or tilt) their head in a circular motion during the enrollment process. In some examples, the text prompt is optionally accompanied by tactile and/or auditory prompt depending on device settings and/or user selections. In some examples, device 900 displays the text prompt on face enrollment UI 1114 through the facial enrollment process. Par. 0468; the indication includes an instruction (1410) (e.g., 1304A) to change a pose (e.g., orientation) of the biometric feature toward the biometric sensor (e.g., textual indication (e.g., “look down”))).
Devine and Fu are combined for the reasons set forth above with respect to claim 1.
Regarding claim 26, Devine in view of Fu discloses the user interface of claim 1, and further discloses further comprising a presentation that, visually and/or by audio using a sound generator, presents instructions for directing further movement of the anatomical feature within the capture area to obtain a plurality of feedback responses to a plurality of proximity concurrences of the tracking indicator and a plurality of the target indicators (Devine FIG. 11E and Par. 0381; Face enrollment UI 1114 also includes a text prompt, which instructs the user to move (e.g., rotate and/or tilt) their head in a circular motion during the enrollment process. In some examples, the text prompt is optionally accompanied by tactile and/or auditory prompt depending on device settings and/or user selections. In some examples, device 900 displays the text prompt on face enrollment UI 1114 through the facial enrollment process. Par. 0468; the indication includes an instruction (1410) (e.g., 1304A) to change a pose (e.g., orientation) of the biometric feature toward the biometric sensor (e.g., textual indication (e.g., “look down”))).
Devine and Fu are combined for the reasons set forth above with respect to claim 1.
Regarding claim 27, Devine discloses a processor-readable medium, having stored thereon processor-executable instructions which, when executed by a processor, cause the processor to control presentation of a user interface with a display device for capturing image data (Par. 0018; non-transitory computer-readable storage medium comprising one or more programs configured to be executed by one or more processors of an electronic device with a display and one or more biometric sensors, the one or more programs including instructions for: displaying, on the display, a biometric enrollment user interface for initiating biometric enrollment with the one or more biometric sensors).
Devine does not disclose for selecting a patient interface according to patient interface size, wherein the user interface comprises the user interface of claim 1.
In the same art of UIs for facial feature analysis, Fu discloses for selecting a patient interface according to patient interface size, wherein the user interface comprises the user interface of claim 1 (Par. 0138; Instructions provided by an application stored on a computer-readable medium, such as when executed by a processor…recommend an appropriate patient interface size. Thus, an automated device of a consumer may permit accurate patient interface selection).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to implement Fu’s added patient-interface sizing/selection functionally as stored executable instructions on a processor-readable medium into Devine’s guided image capture. Storing the instructions enables repeatable and standardized sizing behavior, allowing easier updates/maintenance, and reliable execution on consumer devices, such as phone or tablet.
Regarding claim 28, Devine in view of Fu discloses the processor-readable medium of claim 27, and further discloses wherein the display device comprises a smart phone or a tablet (Devine FIG. 11A and Par. 0372; electronic device 900 (e.g., portable multifunction device 100, device 300, device 500) …tablet computer…a smartphone).
Devine and Fu are combined for the reasons set forth above with respect to claim 27.
Regarding claim 29, Devine in view of Fu discloses the processor-readable medium of claim 27, and Devine further discloses processor-executable instructions for receiving image data captured by the image sensor in conjunction with generation of the user interface (Par. 0020; an electronic device is described, the electronic device comprising: one or more biometric sensors; a display; one or more processors; and memory storing one or more programs configured to be executed by the one or more processors, the one or more programs including instructions for: displaying, on the display, a biometric enrollment user interface for initiating biometric enrollment with the one or more biometric sensors; while displaying the biometric enrollment user interface),
processor-executable instructions for detecting one or more facial features of the user in the captured image data (Par. 0379; electronic device 900 displays face enrollment UI 1114. Face enrollment UI 1114 includes a facial image of the user…captured by one or more cameras on device 900).
Devine does not disclose the captured image data containing one or more facial features of the user in association with a predetermined reference feature having a known dimension, processor-executable instructions for detecting the predetermined reference feature in the captured image data, and processor-executable instructions for processing image pixel data of the captured image data to measure an aspect of the one or more facial features detected in the image data based on the predetermined reference feature.
In the same art of UIs for facial feature analysis, Fu discloses the captured image data containing one or more facial features of the user in association with a predetermined reference feature having a known dimension (Par. 0052; The captured image data may contain one or more facial features of an intended user of the patient interface in association with a predetermined reference feature having a known dimension…),
processor-executable instructions for detecting the predetermined reference feature in the captured image data (Par. 0052; …detecting the predetermined reference feature in the captured image data…),
and processor-executable instructions for processing image pixel data of the captured image data to measure an aspect of the one or more facial features detected in the image data based on the predetermined reference feature (Par. 0052; processing image pixel data of the image to measure an aspect of the one or more facial features detected in the image based on the predetermined reference feature).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to combine Fu’s predetermined reference feature of known dimensions when measuring with Devine’s technique of facial feature analysis. Doing so provides a well-known technique of using reference data to improve measurement accuracy, reduce errors, and overall improve interface-size selection reliability.
Regarding claim 30, Devine in view of Fu discloses the processor-readable medium of claim 27, but Devine does not disclose processor-executable instructions for selecting a patient interface size from a group of standard patient interface sizes based on (a) a comparison between one or more measured aspects of one or more facial features of the user in image data captured by the image sensor during generation of the user interface, and (b) a data record relating sizing information of the group of standard patient interface sizes and the one or more measured aspects of the one or more facial features.
In the same art of UIs for facial feature analysis, Fu discloses processor-executable instructions for selecting a patient interface size from a group of standard patient interface sizes based on (a) a comparison between one or more measured aspects of one or more facial features of the user in image data captured by the image sensor during generation of the user interface, and (b) a data record relating sizing information of the group of standard patient interface sizes and the one or more measured aspects of the one or more facial features (Par. 0052; selecting a patient interface size from a group of standard patient interface sizes based on a comparison between the measured aspect of the one or more facial features and a data record relating sizing information of the group of standard patient interface sizes and the measured aspect of the one or more facial features).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Fu’s standardized size selection into Devine’s facial feature analysis output. Doing so automates the sizing process to improve fit accuracy and produce consistent outcomes across users. Using a stored sizing record alongside measured aspects is a common technique and routine way to improve reusability and trial-and-error processes in the mask interface size/selection process.
Regarding claim 32, Devine in view of Fu discloses the processor-readable medium of claim 27, but Devine does not disclose a server with access to the processor-readable medium of claim 27, wherein the server is configured to receive requests for downloading the processor-executable instructions of the processor-readable medium to the display device over a network
In the same art of UIs for facial feature analysis, Fu discloses a server with access to the processor-readable medium of claim 27, wherein the server is configured to receive requests for downloading the processor-executable instructions of the processor-readable medium to the display device over a network (Par. 0056; one or more servers may be configured to communicate with a computing device over a network. Par. 0202; the application for automatic facial feature measuring and patient interface sizing is downloaded to the computing device's internal memory from a third-party server, such as an application- store server… the application may be downloaded to the computing device's internal memory /data storage 350 via the network from server 210).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Fu’s teachings of hosting the executable instructions on a server into Devine’s guided image capture technique. Doing so allows support for multi-device access and enables consistent version control, especially for workflows used by many patients or clinics.
Regarding claim 33, Devine in view of Fu discloses the server of claim 32, and Devine further discloses a display device comprising: one or more processors, a camera coupled to the one or more processors, a display coupled to the one or more processors (Fig. 1A).
Devine does not disclose wherein the display device is configured to access the processor-executable instructions with the server of claim 32.
In the same art of UIs for facial feature analysis, Fu discloses wherein the display device is configured to access the processor-executable instructions with the server of claim 32 (Fig. 4; server 210, computing device 230 and Fig. 5; computing device 230, processor(s) 310, display interface 320, sensors 340).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have the display device obtain instructions from the server, as taught by Fu, with Devine’s guided image capture techniques. Doing so provides a standard architecture for app-based capture and analysis workflows and ensures the device captures and displays real-time guidance and feedback.
Regarding claim 34, Devine in view of Fu discloses the processor-readable medium of claim 27, but Devine does not disclose a method of one or more servers having access to the processor-readable medium of claim 27, the method comprising receiving, at the server, a request for downloading the processor-executable instructions of the processor-readable medium to a display device over a network, and transmitting the processor-executable instructions to the display device in response to the request.
In the same art of UIs for facial feature analysis, Fu discloses a method of one or more servers having access to the processor-readable medium of claim 27, the method comprising receiving, at the server, a request for downloading the processor-executable instructions of the processor-readable medium to a display device over a network (Par. 0137; employ an application downloadable from a manufacturer or third-party server to a smartphone or tablet with an integrated camera. When launched, the application may provide visual and/or audio instructions. As instructed, the user (i.e. a patient) may stand in front of a mirror 330, and press the camera button on a user interface. An activated process may then take a series of pictures of the user's face, and then, within a matter of seconds for example, recommend a patient interface size for the user (based on the processor analyzing the pictures)),
and transmitting the processor-executable instructions to the display device in response to the request (Par. 0164; recommend an appropriate patient interface size…server 210 receiving the transmitted captured images and/or on the user's computing device (e.g., smart phone)).
Devine and Fu are combined for the reasons set forth above with respect to claims 32 and 33.
Regarding claim 35, Devine in view of Fu discloses the method of the one or more servers of claim 34, but Devine does not disclose receiving, by the one or more servers, (a) one or more measured aspects of one or more facial features of the user in image data captured by the image sensor during generation of the user interface, and/or (b) one or more facial features of the user in image data captured by the image sensor during generation of the user interface; and selecting a patient interface size from a group of standard patient interface sizes based on (a) a comparison between one or more measured aspects of one or more facial features of the user in the image data captured by the image sensor during generation of the user interface, and (b) a data record relating sizing information of the group of standard patient interface sizes and the one or more measured aspects of the one or more facial features.
In the same art of UIs for facial feature analysis, Fu discloses receiving, by the one or more servers, (a) one or more measured aspects of one or more facial features of the user in image data captured by the image sensor during generation of the user interface, and/or (b) one or more facial features of the user in image data captured by the image sensor during generation of the user interface; and selecting a patient interface size from a group of standard patient interface sizes based on (a) a comparison between one or more measured aspects of one or more facial features of the user in the image data captured by the image sensor during generation of the user interface, and (b) a data record relating sizing information of the group of standard patient interface sizes and the one or more measured aspects of the one or more facial features (Par. 0056; The one or more servers may be configured to communicate with a computing device over a network. The one or more servers may be configured to receive image data captured by an image sensor, where the captured image data may contain one or more facial features of an intended user of the patient interface in association with a predetermined reference feature having a known dimension. The one or more servers may be configured to detect one or more facial features of the user in the captured image data. The one or more servers may be configured to detect the predetermined reference feature in the captured image data. The one or more servers may be configured to process image pixel data of the image to measure an aspect of the one or more facial features detected in the image based on the predetermined reference feature. The one or more servers may be configured to select a patient interface size from a group of standard patient interface sizes based on a comparison between the measured aspect of the one or more facial features and a data record relating sizing information of the group of standard patient interface sizes and the measured aspect of the one or more facial features).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Fu’s measurement and size selection at the server into Devine’s guided image capture technique. Doing so allows support for heavier computation, consistent application of sizing models, and efficient updates to reference data. Centralizing the comparison against stored sizing information improves uniformity across all users and devices and supports a robust workflow.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Devine et al. (US 20190370448), hereinafter referred to as “D evine”, in view of Fu et al. (WO 2017000031), hereinafter referred to as “Fu”, and in further view of Roach et al. (US 20130155474), hereinafter referred to as “Roach”.
Regarding claim 3, Devine in view of Fu discloses the user interface of claim 2, but does not disclose wherein the framing element is configured to present the feedback response to the alignment concurrence.
In the same art of guided image capture, Roach discloses wherein the framing element is configured to present the feedback response to the alignment concurrence (Par. 0080; Color Indicators. As the user moves the mobile device over the document, a color indicator changes from yellow or red to green when the document is properly placed within the frame and edge detection determines that the document is in focus. Once the green mode is detected for a certain period of time, the current video frame is captured and displayed as a still image to the user).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Roach’s framing element providing visual feedback to alignment concurrence into Devine and Fu’s patient interface guided image capture system. Doing so provides a well-known UX technique for reducing user misalignment, minimizing failed/blurred captures, and notifying the user of failed/success states by providing visual feedback, thereby improving the reliability of captured image data for post-processing analysis.
Claim(s) 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Devine et al. (US 20190370448), hereinafter referred to as “D evine”, in view of Fu et al. (WO 2017000031), hereinafter referred to as “Fu”, and in further view of Sung et al. (KR 20210112058), hereinafter referred to as “Sung”.
Regarding claim 31, Devine in view of Fu discloses the processor-readable medium of claim 27, but does not disclose processor-executable instructions for generating, on the display, an augmented reality display of the user wearing a digital representation of the selected patient interface.
In the same art of facial feature analyzation, Sung discloses processor-executable instructions for generating, on the display, an augmented reality display of the user wearing a digital representation of the selected patient interface (Par. 0049-0051; the mask guard rendered on the customer's face image may be overlapped in an augmented reality method to be processed by try-on…As the customer's face moves in augmented reality, the user can check the virtual try-on by positioning the virtual mask guard 3D modeling rendering based on a specific position on the face mesh (e.g., on the bridge of the nose or on the tip of the chin, etc.) have).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Sung’s AR virtual try-on display into Devine and Fu’s patient-interface sizing workflow. Doing so provides a user with engaging and interactive experience by allowing them to contextually view and select desired interfaces. Overall, enhancing product visual, reducing sizing/selection errors, improving user confidence in decision-making, and enhancing user experience.
Conclusion
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/JENNY N TRAN/Examiner, Art Unit 2615
/ALICIA M HARRINGTON/Supervisory Patent Examiner, Art Unit 2615
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