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 .
Election/Restrictions
Claim 33 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 02/05/2026.
Drawings
The drawings are objected to because the text in Figures 2-6, 8-13 and 16A-17D is unreadable, the text is small and the quality resolution is too poor to read the characters. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 13-14 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 “external” in claim 13 is a relative term which renders the claim indefinite. The term “external” 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. External to what? Any input to a machine must come from the outside at some point, so it is unclear how this is limiting as the image must be scanned and input at some point.
The term “internal” in claim 13 is a relative term which renders the claim indefinite. The term “internal” 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. Internal to what? Any input to a machine must come from the outside at some point, so it is unclear how this is limiting as the image must be scanned and input at some point, as the system does not spontaneously create internal initial data.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-19 and 25-32 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated byYu (US 2008/0267471 A1).
Regarding claim 1, Yu discloses a method for training at least one Artificial Intelligence (AI) processor, the method comprising:
evaluating a digital data signal by the at least one Al processor to obtain an evaluation data point; [0039]
comparing and transforming the evaluation data point by the Al processor to at least one designated data point thereby obtaining a transformed evaluation data point; [0040, binarized data]
analyzing and matching the evaluation data point or the transformed evaluation data point by the Al processor to the at least one designated data point; [[0041, 0058-0060 determining a designated data point as a type of body part]]
and presenting the transformed evaluation data point to the Al processor thereby training the Al processor. [0072-0074, suing the determined information from the comparison to train]
2. The method according to claim 1 further comprising prior to evaluating, deconstructing the digital data signal into constituent parts or to a binary level to obtain a deconstructed signal. [0039]
3. The method according to claim 2 further comprising identifying at least one data element from the deconstructed signal. [0040, parts of the image are identified and separated out]
4. The method according to claim 3, evaluating further comprises analyzing the at least one data element from the deconstructed signal to obtain at least one correlating feature of the evaluation data point. [0072-0073, optimized parameters (thus correlating features) are used to analyze]
5. The method according to claim 4, transforming further comprises modifying the at least one data element of the deconstructed signal to obtain the transformed evaluation data point. [0040, the data points are binarized]
6. The method according to claim 1 further comprising a user or a system interface to input the at least one designated data point. [0028]
7. The method according to claim 1 further comprising acquiring the digital data signal. [0033]
8. The method according to claim 1 further comprising prior to acquiring, converting an analog data signal to the digital data signal. [0033, DICOM image from scanned image]
9. The method according to claim 1 further comprising after analyzing, repeating the steps of comparing and transforming the transformed data point to obtain the transformed data point that matches the at least one designated data point. [0078, the method may be iterative until an optimized output is obtained]
10. The method according to claim 1, the designated data point is at least one of: an evaluation result in a database, a database of evaluation results, a database of clustered results, a written template, a digital image, a metadata, and a digital wave. [0033, DICOM image]
11. The method according to claim 1, presenting the transformed evaluation data point further comprises displaying to a user at least one of: the evaluation data point, the designated data point, and the transformed evaluation data point. [0071]
12. The method according to claim 1 further comprising acquiring the digital data signal. [0033]
13. The method according to claim 7, acquiring further comprises receiving the data signal from an external source. [0033]
14. The method according to claim 7, acquiring further comprises receiving the data signal from an internal source. [0097, data may be stored internally in memory]
15. The method according to claim 1 further comprising storing the transformed evaluation data point in a database library of the Al processor. [0097,0101]
16. The method according to claim 15, acquiring the digital data signal further comprises extracting the data signal from the database library. [0097, 0101 data point information is stored and retrieved for use with the software]
17. The method according to claim 15, the database library comprises a plurality of evaluation data points. [0097, 0101]
18. The method according to claim 17 further comprising organizing the plurality of evaluation data points individually or in clusters. [0074]
19. The method according to claim 1 further comprising prior to comparing, selecting the designated data point. [data must be selected to be compared]
25. The method according to claim 1 further comprising utilizing the Al processor for analyzing at least one of: radiologic images, genetic data, digital data, diagnostic data, echocardiogram data, electroencephalogram data, and electrocardiogram data. [0022]
26. The method according to claim 1 further comprising reconstructing data for obtaining the designated data point. [0040, parts of the image are identified and separated out]
27. The method according to claim 1 further comprising using the designated data point for retraining the Al processor. [0079]
28. A system programmed to train at least one Artificial Intelligence (AI) processor by the method of claim 1, the system comprising: at least one Al processor; [0022-0023] and a display device. [0099, display]
29. The system according to claim 28 further comprising a user interface. [0072 and 0099 there are user input and output interfaces]
30. The system according to claim 28 further comprising at least one database library. [0023, the data is stored for processing or sending to other areas]
31. The system according to claim 28 the database library further comprises an evaluation results library. [0023, the data is stored for processing or sending to other areas]
32. A method for training at least one Artificial Intelligence (AI) processor, the method comprising:
acquiring a digital data signal and deconstructing the digital data signal to a binary level to obtain a deconstructed signal; [0039]
evaluating the deconstructed signal by the at least one AI processor to obtain an evaluation data point by identifying at least one data element in the deconstructed signal that co-relates to at least one feature of the evaluation data point; [0040]
comparing and transforming the at least one data element in the evaluation data point by the AI processor to at least one designated data point thereby obtaining a transformed evaluation data point;
analyzing and matching the evaluation data point or the transformed evaluation data point by the AI processor to the at least one designated data point; [0058-0060, 0064]
and presenting the transformed evaluation data point thereby training the AI processor. [0072-0074]
Allowable Subject Matter
Claims 20-24 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See the attached PTO-892 for further state of art references.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEWIS G WEST whose telephone number is (571)272-7859. The examiner can normally be reached Monday-Friday, 8:00-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, George Eng can be reached at (571) 272-7495. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LEWIS G WEST/ Primary Examiner, Art Unit 2699
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