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 Amendment
The amendment filed 03/19/2026 has been entered. Amendments to claims 1-4 and 6-8 are acknowledged. Claims 1-8 remain pending in the application. Applicant’s amendments to the Claims have overcome each and every objection and 112(b) rejection previously set forth in the Final Office Action mailed 12/23/2025.
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 1-8 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.
Claims 1, 6, and 7 recite the limitation “and to determine the difference between one location at which the skin temperature is stable and each of the plurality of locations at which the skin temperature is unstable based on an image generated by the thermography temperature sensor that graphically represents a thermal distribution of the face of the user.”. Based on the claim language, it is unclear if the image generated is used in the determination of a difference of temperatures, or in the determination of which area of the skin is unstable. If the limitation refers to the latter, there is no support for determination of a stable or unstable location within applicant’s disclosure. Additionally, it is unclear what qualifies a location as stable or unstable in terms of temperature determination. Per applicant’s specification para [0028]: “(for example, a location where the temperature is stable, such as the forehead) and other locations (for example, locations where the temperature is not stable, such as the right cheek, the left cheek, the nose, the chin, and so forth)”. Per the examples provided, it seems as though all locations that are not the forehead can be considered unstable, but it is unclear what qualifies one location as stable versus unstable.
Claims 2-5 and 8 are rejected due to dependency.
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.
Claim(s) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over in view of Lia (US 20120143079 A1) in view of Anders (SE 0900492 A1)
Regarding claim 1, Lia discloses a blood flow assessment device comprising (Fig 1 element 12, [0018]: “indicative of blood flow at the forehead skin”): a temperature sensor configured to measure skin temperatures at a plurality of locations on a face of a user ([0020]: “The device further includes a first sensor positioned to detect a temperature of the first surface while the patch is attached to the forehead, and a second sensor positioned to detect a temperature of the second surface while the patch is attached to the forehead”); a memory storing a program ([0035]: “controller may also be configured to execute one or more commands and/or control programs.”); a hardware processor coupled to the memory ([0035]: “controllers (not shown)… and the controller may be configured to control the operation of each such component”) and configured to execute the program, ([0035]: “the controller may be configured to receive signals, information, measurements, and/or other data from one or more sensors of the patch 10, and to calculate a sub-skull temperature of the subject 14 based on the information received”) to calculate a variation of the skin temperatures at the plurality of locations ([0061]: “a temperature gradient may be observed, measured, and/or otherwise sensed at the skin 34 proximate the first surface 16 of the patch 10”, wherein a temperature gradient represent a variation of temperatures across the sensors) based on a difference between one location at which the skin temperature is stable among the plurality of locations and each of a plurality of locations at which the skin temperature is unstable ([0014]: “the method includes repositioning the patch to a second location on the forehead of the subject in response to the comparison”, [0017]: “and exposing a second surface of the patch opposite the first surface to ambient conditions, substantially simultaneously sensing a temperature of the first and second surfaces while the first surface is attached to the forehead,”, wherein the patch may be moved to a position where one end is stable and the other is not, consistent with applicant’s specification para [0028], wherein a stable location is a forehead and an unstable location is a nose); and the hardware processor further configured to assess a blood flow of the user based on the variation ([0063]: " a temperature gradient and/or difference sensed between any two points along the first surface 16 may be indicative of the existence of blood flow and/or the amount or volume of blood flow proximate the first surface 16.").
Lia fails to disclose a thermography temperature sensor and determining the difference between one location at which the skin temperature is stable and each of the plurality of locations at which the skin temperature is unstable based on an image generated by the thermography temperature sensor that graphically represents a thermal distribution of the face of the user.
Anders discloses a thermography temperature sensor configured to measure skin temperatures at a plurality of locations on a face of a user ([0008]: “This device for examining the surface temperature of a body part comprises a thermographic camera”, [0012]: “the surface temperature is measured across the entire face”); a hardware processor coupled to the memory and configured to execute the program ([0002]: “a computer program for carrying out the method according to claim 9 and a memory medium for the computer program according to claim 10”) configured to calculate a variation of the skin temperatures at the plurality of locations based on a difference between one location at which the skin temperature is stable among the plurality of locations and each of a plurality of locations at which the skin temperature is unstable ([0012]: “the surface temperature is measured across the entire face.. the left and right body parts … cheek, ear) can be tested,”, [0018]: “predefined hand/foot/face contours with 1,2..n measurement zones M (1-n) on the face”, wherein as the entire face is measured it would include a stable location and an unstable location); and the hardware processor further configured to assess a blood flow of the user based on the variation ([0046]: “The temperature difference between the corresponding measurement zones of the left and right body parts is calculated, registered, compared and saved in the memory unit. This comparison indicates measurement zones with impaired blood circulation”), and to determine the difference between one location at which the skin temperature is stable and each of the plurality of locations at which the skin temperature is unstable based on an image generated by the thermography temperature sensor that graphically represents a thermal distribution of the face of the user ([0012]: “The resulting image or film represents the temperature variations on the object's surface with different colors…is measured across the entire face…cheek, ear”, [0046]: “The temperature difference between the corresponding measurement zones of the left and right body parts is calculated, registered, compared and saved in the memory unit. This comparison indicates measurement zones with impaired blood circulation”).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date to substitute the known temperature sensor disclosed by Lia to the thermography camera disclosed by Anders for the predictable result of determining a temperature of the face.
Regarding claim 2, Lia as modified by Anders discloses the blood flow assessment device according to claim 1, wherein hardware processor is further configured to assess the blood flow of the user further based on a condition that is related to the user and that directly or indirectly influences the skin temperatures at the plurality of locations on the face of the user ([0040]: “also include a second surface 18 disposed opposite the first surface 16 and configured to be exposed to ambient conditions such as, for example, to ambient air or other like environments in a hospital and/or other healthcare facility”, [0042], wherein the ambient conditions are taken into account while determine the temperature).
Regarding claim 3, Lia further discloses wherein the hardware processor is further configured to correct the skin temperatures according to a condition that is related to the user and that directly or indirectly influences the skin temperatures at the plurality of locations on the face of the user, and wherein the hardware processor is further configured to calculate a variation of the corrected skin temperatures ([0015]: "using a correction factor corresponding to the metric, wherein the correction factor is indicative of heat flow through the forehead skin… the metric may also be a temperature difference sensed across the first surface of the patch and the correction factor is generated based on the metric.").
Regarding claim 4, Lia further discloses wherein thermography temperature sensor (as modified by Anders above) measures the skin temperatures at a plurality of locations on the face of the user after a period of time corresponding to a condition that is related to the user and that directly or indirectly influences the skin temperatures at the plurality of locations on the face of the user elapses ([0013]: “by repeating steps (b) through (d), at a desired interval, for a predetermined period of time.”).
Regarding claim 5, Lia discloses wherein the variation is a magnitude of the variation ([0062]: "temperature gradient of minimal magnitude").
Regarding claim 6, Lia discloses a method comprising (abstract): measuring skin temperatures at a plurality of locations on a face of a user; ([0020]: “The device further includes a first sensor positioned to detect a temperature of the first surface while the patch is attached to the forehead, and a second sensor positioned to detect a temperature of the second surface while the patch is attached to the forehead”); calculating a variation of the skin temperatures at the plurality of locations ([0061]: “a temperature gradient may be observed, measured, and/or otherwise sensed at the skin 34 proximate the first surface 16 of the patch 10”, wherein a temperature gradient represent a variation of temperatures across the sensors) based on a difference between one location at which the skin temperature is stable among the plurality of locations and each of a plurality of locations at which the skin temperature is unstable ([0014]: “the method includes repositioning the patch to a second location on the forehead of the subject in response to the comparison”, [0017]: “and exposing a second surface of the patch opposite the first surface to ambient conditions, substantially simultaneously sensing a temperature of the first and second surfaces while the first surface is attached to the forehead,”, wherein the patch may be moved to a position where one end is stable and the other is not, consistent with applicant’s specification para [0028], wherein a stable location is a forehead and an unstable location is a nose); and assessing a blood flow of the user based on the variation ([0063]: " a temperature gradient and/or difference sensed between any two points along the first surface 16 may be indicative of the existence of blood flow and/or the amount or volume of blood flow proximate the first surface 16.").
Lia fails to disclose using a thermography temperature sensor and determining the difference between one location at which the skin temperature is stable and each of the plurality of locations at which the skin temperature is unstable based on an image generated by the thermography temperature sensor that graphically represents a thermal distribution of the face of the user.
Anders discloses measuring skin temperatures at a plurality of locations on a face of a user using a thermography temperature sensor ([0008]: “This device for examining the surface temperature of a body part comprises a thermographic camera”, [0012]: “the surface temperature is measured across the entire face”); calculating a variation of the skin temperatures at the plurality of locations based on a difference between one location at which the skin temperature is stable among the plurality of locations and each of a plurality of locations at which the skin temperature is unstable ([0012]: “the surface temperature is measured across the entire face.. the left and right body parts … cheek, ear) can be tested,”, [0018]: “predefined hand/foot/face contours with 1,2...n measurement zones M (1-n) on the face”); assessing the blood flow of the user based on the variation ([0046]: “The temperature difference between the corresponding measurement zones of the left and right body parts is calculated, registered, compared and saved in the memory unit. This comparison indicates measurement zones with impaired blood circulation”), and to determining the difference between one location at which the skin temperature is stable and each of the plurality of locations at which the skin temperature is unstable based on an image generated by the thermography temperature sensor that graphically represents a thermal distribution of the face of the user ([0012]: “The resulting image or film represents the temperature variations on the object's surface with different colors…is measured across the entire face…cheek, ear”, [0046]: “The temperature difference between the corresponding measurement zones of the left and right body parts is calculated, registered, compared and saved in the memory unit. This comparison indicates measurement zones with impaired blood circulation”, wherein as the entire face is measured it would include a stable location and an unstable location between the left and right face).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date to substitute the known temperature sensor disclosed by Lia to the thermography camera disclosed by Anders for the predictable result of determining a temperature of the face.
Regarding claim 7, Lia discloses a non-transitory computer-readable recording medium storing a program that causes a blood flow assessment device to function as ([0035]: “The controller may also be configured to execute one or more commands and/or control programs”): a temperature sensor configured to measure skin temperatures at a plurality of locations on a face of a user ([0020]: “The device further includes a first sensor positioned to detect a temperature of the first surface while the patch is attached to the forehead, and a second sensor positioned to detect a temperature of the second surface while the patch is attached to the forehead”); a memory storing a program ([0035]: “controller may also be configured to execute one or more commands and/or control programs.”); a hardware processor coupled to the memory and configured to execute the program ([0035]: “the controller may be configured to receive signals, information, measurements, and/or other data from one or more sensors of the patch 10, and to calculate a sub-skull temperature of the subject 14 based on the information received”) configured to calculate a variation of the skin temperatures at the plurality of locations ([0061]: “a temperature gradient may be observed, measured, and/or otherwise sensed at the skin 34 proximate the first surface 16 of the patch 10”, wherein a temperature gradient represent a variation of temperatures across the sensors) based on a difference between one location at which the skin temperature is stable among the plurality of locations and each of a plurality of locations at which the skin temperature is unstable ([0014]: “the method includes repositioning the patch to a second location on the forehead of the subject in response to the comparison”, [0017]: “and exposing a second surface of the patch opposite the first surface to ambient conditions, substantially simultaneously sensing a temperature of the first and second surfaces while the first surface is attached to the forehead,”, wherein the patch may be moved to a position where one end is stable and the other is not, consistent with applicant’s specification para [0028], wherein a stable location is a forehead and an unstable location is a nose); and the hardware processor further configured to assess a blood flow of the user based on the variation ([0063]: " a temperature gradient and/or difference sensed between any two points along the first surface 16 may be indicative of the existence of blood flow and/or the amount or volume of blood flow proximate the first surface 16.").
Lia fails to disclose using a thermography temperature sensor and determining the difference between one location at which the skin temperature is stable and each of the plurality of locations at which the skin temperature is unstable based on an image generated by the thermography temperature sensor that graphically represents a thermal distribution of the face of the user.
Anders discloses measuring skin temperatures at a plurality of locations on a face of a user using a thermography temperature sensor ([0008]: “This device for examining the surface temperature of a body part comprises a thermographic camera”, [0012]: “the surface temperature is measured across the entire face”); calculating a variation of the skin temperatures at the plurality of locations based on a difference between one location at which the skin temperature is stable among the plurality of locations and each of a plurality of locations at which the skin temperature is unstable ([0012]: “the surface temperature is measured across the entire face.. the left and right body parts … cheek, ear) can be tested,”, [0018]: “predefined hand/foot/face contours with 1,2..n measurement zones M (1-n) on the face”); assessing the blood flow of the user based on the variation ([0046]: “The temperature difference between the corresponding measurement zones of the left and right body parts is calculated, registered, compared and saved in the memory unit. This comparison indicates measurement zones with impaired blood circulation”), and to determining the difference between one location at which the skin temperature is stable and each of the plurality of locations at which the skin temperature is unstable based on an image generated by the thermography temperature sensor that graphically represents a thermal distribution of the face of the user ([0012]: “The resulting image or film represents the temperature variations on the object's surface with different colors…is measured across the entire face…cheek, ear”, [0046]: “The temperature difference between the corresponding measurement zones of the left and right body parts is calculated, registered, compared and saved in the memory unit. This comparison indicates measurement zones with impaired blood circulation”, wherein as the entire face is measured it would include a stable location and an unstable location between the left and right face).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date to substitute the known temperature sensor disclosed by Lia to the thermography camera disclosed by Anders for the predictable result of determining a temperature of the face.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lia in view of Anders in view of Ellis et al. (US 20180242850 A1), hereinafter Ellis.
Regarding claim 8, Lia as modified by Anders discloses the blood flow assessment device according to claim 1, but fails to disclose wherein the hardware processor is further configured to correct the skin temperatures of the face of the user based on at least one of: an inquiry result regarding a state of the user, a time during which the user has worn a mask, or a heart rate of the user, wherein hardware processor is further configured to calculate a variation of the corrected skin temperatures.
Ellis discloses a blood flow assessment device ([0021]: “arterial blood flow” ) further comprising a corrector configured to correct the skin temperatures ([0064]: “core body temperature measurements can include performing a time-weighted temperature correction”) based on at least one of: an inquiry result regarding a state of the user ([0064]: “temperature correction based on reference profiles (e.g., a reference template) indicative of circadian affect on core body temperature (e.g., patterns, trends, variations, and/or other insights that can be accounted for, etc.). Reference profiles can be generated on an individual user basis (e.g., using historic data for the user as a personalized reference template for modifying future physiological metrics determined for the user, etc.), multiple user basis (e.g., using data from other users to generate a reference profile, which can be applied to specific user subgroups, etc.), predetermined profile basis (e.g., generating composite reference profiles suited for different varying conditions, etc.), and/or any other suitable basis”), a time during which the user has worn a mask, or a heart rate of the user, wherein the calculator calculates a variation of the corrected skin temperatures ([0064]: “a time-weighted temperature correction”).
It would have been obvious to a person of ordinary skill in the art prior to the effective filing date to apply the temperature correction disclosed by Ellis to the skin temperatures of the face of the user measured by Lia as modified by Anders in order to improve the calculated temperature (Ellis [0064]).
Response to Arguments
Applicant’s arguments, see Remarks pages 6-8, filed 03/19/2026, with respect to the rejection(s) of claim(s) 1-7 under 35 U.S.C. § 102 and claim 8 under 35 U.S.C. § 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 35 U.S.C. § 103 (see rejection above).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Newton (US11766180B1) – discloses thermography camera sensing of the face
Ghahramani et al. (“Infrared thermography of human face for monitoring thermoregulation performance and estimating personal thermal comfort”) – discloses determining blood flow based on differences in temperature
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/KAVYA SHOBANA BALAJI/ Examiner, Art Unit 3791
/DANIEL L CERIONI/ Primary Examiner, Art Unit 3791
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