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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 0814/2023 and 02/22/2023. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-10 and 12-13 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. One with ordinary skill is not capable of determining a temperature of an object using any image. The image needs to be thermal image. The specification has only support for a determining temperature from a thermal image. If the first image is not a thermal image, they take a second thermal image. [0116]-[0117], [0123]-[0125], [0160]-[0161]. The Examiner respectfully notes the claims should recite thermal image to determine temperature.
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 is/are rejected under 35 U.S.C. 102 (a)(2) as being anticipated by Kakileti et al (US 2020/0352452).
As to claim 1, Kakileti teaches a system (system shown in fig.1-3 and 8, abstract), comprising:
at least one storage device including a set of instructions (a memory or storage device of the imaging device that is used to capture that thermal image or a thermal video, par.49, a memory 809 and is provided to facilitate the functionality of any of the modules of the system 800, par.56, fig.8), and
at least one processor (processor 808, par.56, fig.8) in communication with the at least one storage device, wherein
when executing the set of instructions, the at least one processor is directed to perform operations including:
obtaining an image of an object acquired by an imaging device (a thermal image of a body of a subject is received in step 702 by thermal imaging device 101, par.55-56, fig.7);
determining, based on the image, an angle between the object and the imaging
device, the angle being defined by a reference direction and a direction that the object is facing (determining an angle of the thermal image from a user in steps 704-706, par.55-56, fig.7); and
determining, based on the image, a temperature of the object in response to
determining that the angle satisfies a condition (adjusting the view position of the thermal imaging camera in step 708, and then the thermal image represents the temperature distribution on the body of the subject, par.45, par.55-56, fig.1-3 and fig.7-8).
Claim(s) 12 is/are rejected under 35 U.S.C. 102 (a)(2) as being anticipated by Zhu et al (US 2020/0256734).
As to claim 12, Zhu discloses a system (system 600 and/or 700 in fig.6-7), comprising:
at least one storage device including a set of instructions (storage in processor 601 and/or storage 701, par.16, par.103-105, and par.125-126, fig.6-7); and
at least one processor (processor 601 and/or 702, par.103-105 and par.125-126) in communication with the at least one storage device, wherein when executing the set of instructions, the at least one processor is directed to perform operations including:
obtaining an image of an object acquired by an imaging device (obtaining image of a user (object) using camera, method steps S101-102, par.34-38 and par.103-105, fig.1-3 and fig.6-7);
determining whether the image satisfies a condition (determining from the image taken if the distance between the imaging device and the user is equal to a preset distance threshold, step S103-104, par.36-42 and par.106-111, fig.1-3 and fig.76-7); and
determining, based on the image, a temperature of the object in response to determining that the image satisfies the condition (determining suer’s body temperature, in step S105, par.36-42 and par.106-111, fig.1-3 and fig.6-7).
Allowable Subject Matter
Claims 2-10 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 13-21 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b)/(a) or 35 U.S.C. 112 (pre-AIA ), 1st/2nd paragraph, set forth in this Office action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAY A ABOUELELA whose telephone number is (571)270-7917. The examiner can normally be reached 8-5.
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/MAY A ABOUELELA/Primary Examiner, Art Unit 3791