DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s arguments, see pages 13 and 14, filed 9/22/26, with respect to the rejection(s) of claim(s) 1-9, 77, 106-109, 110-116 and 120 under 35 U.S.C. 102(a)(2) and 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of U.S. patent 10,510,348 by Lavery et al.
Claim Rejections - 35 USC § 103
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.
1) Claim(s) 1-9, 77, 106, 108 and 109 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. patent 12,087,412 by Sorkey et al., and further in view of U.S. patent 10,510,348 by Lavery et al.
2) Regarding claim 1, Sorkey teaches a method for subject identification implemented on a computing device having one or more processors and one or more storage devices, the method comprising: obtaining reference information (column 20, line 63 – column 21, line 32; database of faces and patient records is accessed) associated with a target subject, wherein the reference information associated with the target subject includes reference image data of the target subject captured by a second image capturing device mounted outside an examination room before the target subject enters the examination room (column 7, lines 2-11 and 52-57; reference face image data is acquired prior to patient entering an imaging room as shown in figure 1C; column 5, lines 3-5 and 45-60 also discloses obtaining reference images prior to entering an exam room), and the reference image data of the target subject is obtained by: tracking a state (examiner notes that “tracking a state” based upon image data has been broadly interpreted as merely capturing image data of persons [e.g. facial recognition], as any more specific meaning [e.g. constant monitoring for a particular sound] does not make sense in the context of monitoring through images) of at least one of a plurality of candidate subjects who enter the examination room based on second image data of the at least one of the plurality of candidate subjects captured by the second image capturing device before the at least one of the plurality of candidate subjects enters the examination room, the plurality of candidate subjects including the target subject to be scanned by a medical imaging device and one or more subjects other than the target subject (column 9, lines 34-60 discloses gathering image data of a plurality of faces that may or may not be a “target subject” in a particular scenario; column 10, lines 34-38 discloses that this may occur at the door/device in an operating/imaging room); obtaining image data of the plurality of candidate subjects, the image data being captured by a first image capturing device when or after the plurality of candidate subjects enter the examination room (column 10, lines 34-38 discloses that this may occur at the door/device in an operating/imaging room); and identifying, from the plurality of candidate subjects, the target subject based on the reference information and the image data (column 20, line 63 – column 21, line 32; best match to candidate subject is determined).
Sorkey does not specifically teach in response to detecting that a candidate subject of the at least one of the plurality of candidate subjects makes a specific behavior, determining the candidate subject as the target subject and determining the second image data of the candidate subject captured by the second image capturing device as the reference image data, wherein the specific behavior includes at least one of making a specific sound or standing in a specific area for a period of time that exceeds a time threshold (Sorkey does disclose [column 7, lines 2-11 and 52-57; column 5, lines 3-5 and 45-60] reference face image data is acquired prior to patient entering an imaging room as shown in figure 1C as well as metadata utilized in column 21 but fails to specifically disclose behavior data as identifying metadata).
Lavery teaches in response to detecting that a candidate subject of the at least one of the plurality of candidate subjects makes a specific behavior, determining the candidate subject as the target subject and determining the second image data of the candidate subject captured by the second image capturing device as the reference image data, wherein the specific behavior includes at least one of making a specific sound or standing in a specific area for a period of time that exceeds a time threshold (column 7, lines 33-58; patient can be identified by voice recognition [i.e. sound] that can be matched against previously registered voice information [column 8, lines 13-17]).
Sorkey and Lavery are combinable because they are both from the patient recognition field of endeavor.
It would have been obvious to a person of ordinary skill in the art at the time the invention was effectively filed to combine Sorkey with Lavery to add voice recognition. The motivation for doing so would have been to determine that patient “is present” (column 7, line 53). Therefore it would have been obvious to combine Sorkey with Lavery to obtain the invention of claim 1.
3) Regarding claim 2, Sorkey teaches the method of claim 1, wherein the obtaining reference information associated with a target subject comprises: obtaining a replication image of at least one of an identity card, a medical insurance card, a medical card, or an examination application form of the target subject; and determining, based on the replication image, the reference information (column 7, lines 45-57; image of ID can be used).
4) Regarding claim 5, Sorkey teaches the method of claim 1, wherein the identifying, from the plurality of candidate subjects, the target subject based on the reference Information and the image data comprises: extracting, from the reference image data, reference feature information of the target subject; extracting, from the image data, feature information of each of the plurality of candidate subjects; and identifying, based on the reference feature information of the target subject and the feature information of the each of the at least one candidate subject, the target subject (column 18, line 60 - column 19, line 9; figure 3, items 302 and 308; features are extracted from facial images and compared).
5) Regarding claim 6, Sorkey teaches the method of claim 1, wherein the reference information associated with the target subject further includes reference identity information of the target subject (column 14, lines 9-33; patient facial image is matched against database of faces [i.e. the reference information], a face is identity information).
6) Regarding claim 7, Sorkey teaches the method of claim 6, wherein the identifying, from the plurality of candidate subjects, the target subject based on the reference Information and the image data comprises: determining, based on the image data, identity information of each of the plurality of candidate subjects; and identifying, from the plurality of candidate subjects, the target subject by comparing the identity information of the each of the plurality of candidate subjects with the reference identity information of the target subject (column 18, line 60 - column 19, line 9; figure 3, items 302 and 308; features are extracted from facial images and compared).
7) Regarding claim 8, Sorkey teaches the method of claim 7, wherein the determining, based on the image data, identity information of each of the plurality of candidate subjects comprises: for the each of the plurality of candidate subjects, segmenting, from the image data, a human face of the candidate subject; and determining, based on the human face of the candidate subject and from an identity information database, the identity information of the candidate subject (column 18, line 60 - column 19, line 9; figure 3, items 302 and 308; face is cropped and compared to other faces in a database).
8) Regarding claim 9, Sorkey teaches the method of claim 1, wherein the obtaining reference information associated with a target subject further comprises: causing a terminal device of a user to display the image data of the plurality of candidate subjects; and obtaining, via the terminal device, an input associated with the target subject from the user, and the identifying, from the plurality of candidate subjects, the target subject based on the reference information and the image data comprises: identifying, from the plurality of candidate subjects, the target subject based on the input (column 21, lines 26-32; user can manually confirm the patient match).
9) Regarding claim 77, Sorkey teaches the method of claim 1, further comprising: obtaining target image data of the target subject scanned or to be scanned by the medical imaging device; generating a display image based on the target image data; and transmitting the display image to a terminal device for display (figure 5A, item 502; column 22, lines 1-22; target image data of a patient can be displayed at a user terminal as shown).
10) Claim 106 is taught in the same manner as described in the rejection of claim 1 above.
11) Regarding claim 108, Sorkey teaches the method of claim 6, wherein the identifying, from the plurality of candidate subjects, the target subject based on the reference information and the image data comprises: determining a first target subject from the plurality of candidate subjects based on the reference image data of the target subject and the image data of the plurality of candidate subjects; determining a second target subject from the plurality of candidate subjects based on the reference identity information of the target subject and identity information of the each of the plurality of candidate subjects; and in response to determining that the first target subject is the same as the second target subject, determining that the first target subject or the second target subject is the target subject (column 21, line 5-32; face images are compared as well as patient identity data to determine a match).
12) Regarding claim 109, Sorkey teaches the method of claim 6, wherein the identifying, from the plurality of candidate subjects, the target subject based on the reference information and the image data further comprises: determining a first target subject from the plurality of candidate subjects based on the reference image data of the target subject and the image data of the plurality of candidate subjects; determining a second target subject from the plurality of candidate subjects based on the reference identity information of the target subject and identity information of the each of the plurality of candidate subjects (column 21, line 5-32; face images are compared as well as patient identity data to determine a match); and in response to determining that the first target subject is different from the second target subject, re-identifying the first and second target subjects and/or generating a reminder regarding the identification result (column 21, line 23 specifically discloses a metadata matching score [i.e. a determination using “reference identity”] that is utilized in addition to image matching to determine identity; in addition Sorkey discloses a process [as previously cited in column 7, lines 46-57 and also column 22, line 52 – column 23, line 16] for when data does not match [a metadata score being too low for example] that results in display of a screen [i.e. a “reminder”]).
Conclusion
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BENJAMIN O. DULANEY
Primary Examiner
Art Unit 2676
/BENJAMIN O DULANEY/Primary Examiner, Art Unit 2683