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 .
Election/Restrictions
Claims 8-22 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/09/2025.
Applicant’s election without traverse of group I in the reply filed on 12/09/2025 is acknowledged.
Claims 1-7 are hereby the present claims under consideration.
Examiner’s Note: All references to Applicant’s specification are made using the paragraph numbers assigned in the US publication of the present Application US 2024/0000373 A1.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim 1: “means for adjusting a standoff distance from the body surface to each sensor plate of each sensor in said sensor array, creating an array of standoff distances, wherein each standoff distance comprising said array of standoff distances may be unique from each other standoff distance comprising said array of standoff distances, and whereby said plurality of sensors are adapted to mirror a shape of the body surface” is interpreted as the particular mechanism for carrying out the recited function. Applicant’s specification paragraphs 0022, 0025, and 0029 and Fig. 2 references 39a-c and 36 describe and depict the means for adjusting a standoff distance and its function. This limitation will be interpreted as the linear motion screw, linear motion screw motor, and the distance sensor for each of the plurality of sensors and their equivalents.
Claim 1: “means for adjusting a sensor vertical separation distance between adjacent sensors of said sensor array” is interpreted as the particular mechanism for carrying out the recited function. Applicant’s specification paragraph 0026 and Fig. 2 elements 32 and 41a-e describe and depict such a mechanism. This limitation is interpreted as the cluster spacing mechanism comprising the cluster spacing linear motion screw, associated motor, and spacing pantograph mechanism and their equivalents.
Claim 1: “means to facilitate movement of said sensors array around the body surface to capture images of the body surface from various angles while maintaining at least one target standoff distance and collecting spatially registered skin data” is interpreted as the particular mechanism for carrying out the recited function. Applicant’s specification paragraphs 0021, 0029 and 0032 describe such a device as a turntable to facilitate motion of the sensor stack or body such that one may move relative to the other. Paragraph 0041 further describes how the standoff sensors are used actively adjust the position of the sensors during rotation to maintain a constant standoff distance. This limitation will be interpreted as the combination of the turntables with the sensors and their equivalents.
Claim 1: “means for generating a volumetric point cloud representing the body surface” is interpreted as the particular algorithm used to carry out the recited function of generating a volumetric point cloud. Paragraph 0009 describes a method of creating a three-dimensional representation of skin features and conditions on a volumetric point cloud comprising capturing images, extracting features, and storing data but does not describe the particular algorithm used to carry out these functions or the algorithm for generating the volumetric point cloud. Paragraph 0028 describes that the volumetric point cloud may be an array of standoff distances gathered from the standoff distance sensors correlated with the location of each particular imaging cluster. This description of what the point cloud data entails does not qualify as an algorithm as the particular steps taken to form the array using the measured data is not provided.
Claim 1: “means for storing said spatially registered skin data tied to said volumetric point cloud” is interpreted as the particular mechanism for carrying out the recited function. Paragraph 0030 recites a data storage device is present. This limitation will be interpreted as a computer memory and its equivalents.
Claim 3: “means for adjusting lighting” is interpreted as the particular mechanism for carrying out the recited function. Paragraphs 0022-0023 describes the lighting elements for illuminating the surface of the patient and describes that they may include LEDs with adjustable color temperature. The lighting elements may further produce other forms of electromagnetic radiation in non-visible wavelengths. This limitation is interpreted as color and/or wavelength controllable LEDs and their equivalents.
Claim Rejections - 35 USC § 112(b)
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 1-7 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.
Claim limitation “means for generating a volumetric point cloud representing the body surface” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. In particular, the specification does not describe a particular algorithm for generating the volumetric point cloud representing the body surface. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim 1 recites “whereby said plurality of sensors are adapted to mirror a shape of the body surface” but it is unclear if the sensors themselves are mirroring the shape of the body surface or if the array of standoff distances of the sensors follows the shape of the body surface. For the purposes of this examination, the limitation will be interpreted as the array of standoff distances of the sensors mirroring the body surface such as is depicted in Fig. 5.
Claims 2-7 are rejected by virtue of their dependence on claim 1.
Claim Rejections - 35 USC § 112(a)
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.
Claim 1 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim limitation “means for generating a volumetric point cloud representing the body surface” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. In particular, the specification does not describe a particular algorithm for generating the volumetric point cloud representing the body surface. Therefore, the claim lacks sufficient written description support and is rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph.
Prior Art
The closest prior art of record is considered to be:
Tashayyod US Patent Application Publication Number US 2019/0166312 A1 hereinafter Tashayyod teaches systems and methods for generating high resolution 3D images of the entire human skin comprising at least two sets of cameras, a first set being sensitive to UV light while the second set being sensitive to visible frequencies of light, wherein subsets of each camera set are focused at different focal distances; wherein the system provides a rotatable structure wherein the two sets of cameras are mounted adjacent to the source of light; wherein the rotatable structure is engaged to a program that can define the point of rotation, so as to allow for a reproducible mechanism to take images along the path of rotation (Abstract). Tashayyod teaches a system comprising a plurality of cameras with two different focal planes to create a better depth of field (Paragraph 0051). The system includes a structure to support a plurality of moving cameras in a rotary fashion. The support structure moves around the subject and includes lights to illuminate the subject (Paragraph 0055; Fig. 2). The rotary structure may also be disposed in a horizontal manner above a bed (Paragraph 0058; Fig. 1). The system may further store a plurality of high resolution 2D images and simulate 3D imaging by rapidly flipping through a large number of 2D images (Paragraphs 0066-0067). The cameras may image in multiple spectrums such as visible and non-visible wavelengths (Paragraph 0069).
Oz US Patent Application Publication Number US 2012/0206587 A1 hereinafter Oz teaches a skin surface imaging system for capturing at least one image of the skin of a patient's body, comprising: a base; a plurality of image sensors, connectable to said base, arranged in a predetermined arrangement; each of said image sensors adapted to capture an image of a predetermined area of said body, so that as a set of images is provided; and, a processing unit communicable with said image sensors, comprising a program of machine-readable instructions embodied on a computer readable memory and executable by a digital data processor adapted to: collect said set of images from said image sensors; analyze said set of images; construct a record of personal data associated with the skin of said body of said patient; and output a dermatological data associated with said skin of said body (Abstract). Oz teaches a system comprising an array of image sensors connected to a base and having a controllable orientation (Paragraph 0428). The image sensors may further be connected such that the distance between the at least one image sensor and the base or the human body is controllable (Paragraph 0429). The system may further include a rotatable pod such that the user may rotate with respect to the rotatable image sensors (paragraph 0321).
Curiel US Patent Application Publication Number US 2018/0125370 A1 hereinafter Curiel teaches an imaging station/booth for automated total body imaging having a small footprint and capable of quickly, efficiently, effectively, and consistently capturing multiple body images of a user or patient over time with minimal assistance from medical staff (Abstract). Curiel teaches a system comprising a plurality of cameras mounted on a vertical actuator member and configured to move up and down to produce a 3D image of the patient. Curiel explicitly contemplates that multi-directional movement of the cameras can be incorporated into the system (Paragraph 0072). The system further includes strobe lights for illuminating the subject during imaging (Paragraph 0073). Curiel further teaches an embodiment where a plurality of cameras are utilized and where each of the cameras are spaced at given intervals from each other and each of the cameras are at a set standoff distance from the user of approximately 0.73 meters (Paragraph 0114). The gathered images may be used to assess skin features such as neoplasms or skin variation as compared to previous images (Paragraph 0102).
DePaula US Patent Application Publication Number US 2010/0232773 A1 hereinafter DePaula teaches an imaging station and method for repeatable alignment of images are generally described herein. In some embodiments, the imaging station includes a rotatable stage and a monostand. The rotatable stage may include a structure to support sets of handles for positioning of a subject's hands for at least some of the body poses. A camera is positioned on the monostand for capturing images of the subject and is configured to allow the camera to be repeatably positioned with respect to the rotatable stage for each body pose (Abstract). DePaula teaches an imaging station which allows for precise and repeatable alignment of images taken over time. The station comprises a stage and a monostand. The stage includes a structure capable of supporting sets of handles for positioning a subject’s hand for at least some of the body poses. The monostand is configured to support he camera and allow for repeatable positioning in a plurality of different positions with respect to the stage. The stage may be rotatable with respect to the camera (Paragraph 0017). The monostand includes elements which allow the camera to be repeatably positioned in all directions and may include position indicating elements that indicate a distance between the camera and the stage and the position of the camera horizontally and vertically. The position indicating elements allow the three-dimensional position of the camera with respect to the subject to be recorded for each image (Paragraph 0018). The monostand may further include light sources (paragraph 0023). The monostand may be positioned at various distances from the stage and these distances may be recorded for each image (Paragraphs 0026-0027). The images may be used to detect skin features (Paragraph 0037). The stage may further include a plurality of cameras to generate 3D images of the body (Paragraph 0072).
Ortiz US Patent Application Publication Number US 2009/0118600 A1 hereinafter Ortiz teaches a system and method for documentation and analysis of dermatological aspects of a human body. The system has a predetermined arrangement of at least three image sensors selected from visible light sensors, ultraviolet (UV) light sensors, infrared (IR) sensors. Each of the image sensors has an effective normalized focal length of from about 8 to about 28 millimeters, an aperture stepped-down to at least f/4 or higher F-stop, and a shutter exposure length of no longer than about 125 milliseconds. Output from the image sensors provide a single relatively high resolution image of a skin surface of the human body obtained from a distance of at least about 0.1 meters. A data collection and processing system is integrated with the image sensors to provide storage, analysis, and output of in-situ dermatological information to a system operator (Abstract). Ortiz teaches the use of geometry components which may include photo-metric imaging components to generate 3D point cloud data corresponding to the skin surface geometry (Paragraphs 0044-0046). The system may further include imaging components. The imaging data includes individual images which may then be combined to form a super high resolution whole body image which may then be stitched to the geometric data (Paragraphs 0064-0067). The sensors may be movable with respect to the subject and scan over the surface of the subject using sensor supports (Paragraphs 0071-0072).
None of Tashayyod, Oz, Curiel, DePaula, or Ortiz either alone or in combination teach or reasonably suggest the system including “means for adjusting a standoff distance from the body surface to each sensor plate of each sensor in said sensor array, creating an array of standoff distances, wherein each standoff distance comprising said array of standoff distances may be unique from each other standoff distance comprising said array of standoff distances, and whereby said plurality of sensors are adapted to mirror a shape of the body surface; means for adjusting a sensor vertical separation distance between adjacent sensors of said sensor array; means to facilitate movement of said sensors array around the body surface to capture images of the body surface from various angles while maintaining at least one target standoff distance and collecting spatially registered skin data” as interpreted under 35 USC 112f above and in combination with the other claim elements.
Conclusion
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/MATTHEW ERIC OGLES/Examiner, Art Unit 3791
/JASON M SIMS/Supervisory Patent Examiner, Art Unit 3791