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 .
Claim Status
Applicant’s amendment filed on March 16, 2026 is acknowledged. Currently claims 1, 4-5, 7, 10-11, 19, 22-23 and 25-27 are pending. Claims 1, 4-5, 7, and 19 have been amended. Claims 25-27 are added. Claims 2-3, 6, 8-9, 12-18, 20-21, and 24 are cancelled.
Response to Arguments
Applicant’s arguments, filed March 16, 2026, with respect to the rejections of claims 1, 4-5, 7, 10-11, 19, 22-23 and 25-27 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 Therefore, the rejection has been withdrawn.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 Narumi in view of Shelton and Tran.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 4-5, 7, 10-11, 19, 22-23 and 25-27 are rejected under 35 U.S.C. 103 as being unpatentable of Narumi et al., US 20210085229 A1, (hereinafter “Narumi”) in view of Shelton et al., US 20230023083 A1, (hereinafter “Shelton”) in further view of Tran et al., US 11696682 B2, (hereinafter “Tran”).
Regarding claim 1, Narumi teaches an information processing system comprising:
at least one memory storing instructions ([0111] “The control circuit 105 may be an integrated circuit including a processor, such as a central processing unit (CPU) or microcomputer, and a memory.”), and
at least one processor configured to execute the instructions to ([0111] “The control circuit 105 may be an integrated circuit including a processor, such as a central processing unit (CPU) or microcomputer, and a memory.”);
acquire video data including a subject ([0121] “the biometric data generation unit 109 generates video data indicating a time change in the cerebral blood flow by processing the image signal including a time or spatial change in the internal scatter component”);
calculate reliability of biometric information of the subject measured from the video data ([0179] “In response to the measurement results, an output decision unit 401 calculates the reliability of the biometric measurement data and outputs reliability data, indicating the reliability, together with the biometric measurement data.”); and
output, to the subject , ([0154] “If the body motion is lower than or equal to the threshold, the biometric data generation unit 109 generates the biometric measurement data from the image signal representing the internal image and transfers the biometric measurement data to the output decision unit 111 in step S206. In step S207, the output decision unit 111 outputs the biometric measurement data. The output may be displayed on a display (not illustrated) in the biometric measurement apparatus 10. The output may be used for control by a host system (not illustrated) higher than the biometric measurement apparatus 10.” wherein adjusting a state of the subject is controlling the body motion by a host system).
display a video image of the subject ([0185] “In step S507, the output decision unit 401 outputs the reliability data together with the biometric measurement data. For example, the output may be displayed on a display (not illustrated) of the biometric measurement apparatus 20 or may be used to control the host system (not illustrated).”); and
at least one memory storing instructions ([0111] “The control circuit 105 may be an integrated circuit including a processor, such as a central processing unit (CPU) or microcomputer, and a memory.”), and
at least one processor configured to execute the instructions to ([0111] “The control circuit 105 may be an integrated circuit including a processor, such as a central processing unit (CPU) or microcomputer, and a memory.”);
shoot the subject and thereby generate the video data ([0121] “the biometric data generation unit 109 generates video data indicating a time change in the cerebral blood flow by processing the image signal including a time or spatial change in the internal scatter component”);
control a zoom state of the shooting ([0127] “The image focusing optical system may include a zoom lens. By changing the location of the zoom lens, the image focusing optical system changes an expansion rate of the 2D image of the user 100. In this way, the resolution of the 2D image on the image sensor 102 changes.” wherein a zoom state is the location of the zoom lens); and
display the instruction information ([0198] “In response to visual information from a display 704, the user 100 operates a controller 705.”),
wherein the ([0127] “The image focusing optical system may include a zoom lens. By changing the location of the zoom lens, the image focusing optical system changes an expansion rate of the 2D image of the user 100. In this way, the resolution of the 2D image on the image sensor 102 changes.” wherein a zoom state is the location of the zoom lens).
Narumi does not specifically disclose instruction information.
However, Shelton teaches instruction information ([0689] “In an example, the device may generate control instructions based on the primary data stream and the situational data. The control instructions may be sent to adjust an operation of a surgical instrument operatively coupled to the device.” wherein instruction information is control instructions).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to output instruction information of Shelton from the biometric information processing system of Narumi to better inform the user how to adjust the subject being measured.
Narumi in view of Shelton does not specifically disclose a first terminal and a second terminal, the first and second terminals being configured to perform two-way communication with each other; and outputting a zoom instruction.
However, Tran teaches a first terminal and a second terminal, the first and second terminals being configured to perform two-way communication with each other; and outputting a zoom instruction ([Col. 35, lines 50-67] “In another embodiment, a system for delivering medical examination, diagnosis, and treatment services from a physician to a patient over a network includes a first plurality of health care practitioner terminals, each of the first plurality of health care practitioner terminals including a display device and a second plurality of patient terminals in audiovisual communication over a network with any of the first plurality of health care practitioner terminals. Each of the second plurality of patient terminals includes a camera having pan, tilt and zoom modes, such modes being controlled from the first plurality of health care practitioner terminals. A call center is in communication with the patient terminals and the health care practitioner terminals and the call center routes a call from a patient at one of the patient terminals to an available health care practitioner at one of the health care practitioner terminals, so that the available health care practitioner may carry on a two-way conversation with the patient and visually observe the patient.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include two-way communication terminals of Tran in the biometric information processing system of Narumi in view of Shelton to improve the security and operational flexibility of the system.
Regarding claim 4, Narumi in view of Shelton and Tran teaches the information processing system according to claim 1, wherein at least one processor of the first terminal is further configured to execute the instructions to notify a user of the reliability (Narumi - [0111] “The control circuit 105 may be an integrated circuit including a processor, such as a central processing unit (CPU) or microcomputer, and a memory.”) (Tran - [Col. 35, lines 50-55] “In another embodiment, a system for delivering medical examination, diagnosis, and treatment services from a physician to a patient over a network includes a first plurality of health care practitioner terminals, each of the first plurality of health care practitioner terminals including a display device”) (Narumi - [0179] “In response to the measurement results, an output decision unit 401 calculates the reliability of the biometric measurement data and outputs reliability data, indicating the reliability, together with the biometric measurement data.”) (Shelton - [0689] “The device may notify users about the risk probabilities. The device may adjust coupled instrument parameters based on the risk probabilities. In an example, the device may generate control instructions based on the primary data stream and the situational data. The control instructions may be sent to adjust an operation of a surgical instrument operatively coupled to the device.”).
The motivation for combining Narumi, Shelton, and Tran is the same motivation as used for claim 1.
Regarding claim 5, Narumi in view of Shelton and Tran teaches the information processing system according to claim 1, wherein at least one processor of the first terminal is further configured to execute the instructions to acquire relevant information related to the subject included in the video data and determine biometric information to be measured based on the relevant information (Narumi - [0111] “The control circuit 105 may be an integrated circuit including a processor, such as a central processing unit (CPU) or microcomputer, and a memory.”) (Tran - [Col. 35, lines 50-55] “In another embodiment, a system for delivering medical examination, diagnosis, and treatment services from a physician to a patient over a network includes a first plurality of health care practitioner terminals, each of the first plurality of health care practitioner terminals including a display device”) (Narumi - [0121] “the biometric data generation unit 109 generates video data indicating a time change in the cerebral blood flow by processing the image signal including a time or spatial change in the internal scatter component”) (Narumi - [0179] “In response to the measurement results, an output decision unit 401 calculates the reliability of the biometric measurement data and outputs reliability data, indicating the reliability, together with the biometric measurement data.” wherein relevant information is biometric measurement data) (Shelton - [0689] “In an example, the device may generate control instructions based on the primary data stream and the situational data. The control instructions may be sent to adjust an operation of a surgical instrument operatively coupled to the device.”).
The motivation for combining Narumi, Shelton, and Tran is the same motivation as used for claim 1.
Regarding claim 7, the claim recites similar limitations to claim 1 but in the form of an apparatus. Therefore, claim 7 recites similar limitations to claim 1 and is rejected for similar rationale and reasoning (see the analysis for claim 1 above).
Regarding claim 10, the claim recites similar limitations to claim 4 but in the form of an apparatus. Therefore, claim 10 recites similar limitations to claim 4 and is rejected for similar rationale and reasoning (see the analysis for claim 4 above).
Regarding claim 11, the claim recites similar limitations to claim 5 but in the form of an apparatus. Therefore, claim 11 recites similar limitations to claim 5 and is rejected for similar rationale and reasoning (see the analysis for claim 5 above).
Regarding claim 19, the claim recites similar limitations to claim 1 but in the form of non-transitory computer readable medium (Narumi - [0005] “It should be noted that general or specific embodiments may be implemented as a system, a method, an integrated circuit, a computer program, a storage medium, or any selective combination thereof.”). Therefore, claim 19 recites similar limitations to claim 1 and is rejected for similar rationale and reasoning (see the analysis for claim 1 above).
Regarding claim 22, the claim recites similar limitations to claim 4 but in the form of non-transitory computer readable medium. Therefore, claim 22 recites similar limitations to claim 4 and is rejected for similar rationale and reasoning (see the analysis for claim 4 above).
Regarding claim 23, the claim recites similar limitations to claim 5 but in the form of non-transitory computer readable medium. Therefore, claim 23 recites similar limitations to claim 5 and is rejected for similar rationale and reasoning (see the analysis for claim 5 above).
Regarding claim 25, Narumi teaches an information processing system comprising:
at least one memory storing instructions ([0111] “The control circuit 105 may be an integrated circuit including a processor, such as a central processing unit (CPU) or microcomputer, and a memory.”), and
at least one processor configured to execute the instructions to ([0111] “The control circuit 105 may be an integrated circuit including a processor, such as a central processing unit (CPU) or microcomputer, and a memory.”);
acquire video data including a subject ([0121] “the biometric data generation unit 109 generates video data indicating a time change in the cerebral blood flow by processing the image signal including a time or spatial change in the internal scatter component”);
calculate reliability of biometric information of the subject measured from the video data ([0179] “In response to the measurement results, an output decision unit 401 calculates the reliability of the biometric measurement data and outputs reliability data, indicating the reliability, together with the biometric measurement data.”);
output, to the subject ([0154] “If the body motion is lower than or equal to the threshold, the biometric data generation unit 109 generates the biometric measurement data from the image signal representing the internal image and transfers the biometric measurement data to the output decision unit 111 in step S206. In step S207, the output decision unit 111 outputs the biometric measurement data. The output may be displayed on a display (not illustrated) in the biometric measurement apparatus 10. The output may be used for control by a host system (not illustrated) higher than the biometric measurement apparatus 10.” wherein adjusting a state of the subject is controlling the body motion by a host system);
display a video image of the subject ([0185] “In step S507, the output decision unit 401 outputs the reliability data together with the biometric measurement data. For example, the output may be displayed on a display (not illustrated) of the biometric measurement apparatus 20 or may be used to control the host system (not illustrated).”);
receive an input of a start and/or an end of measurement of the biometric information ([0065] “The program causes the signal processor to generate biometric measurement data indicating a state of the user based on the image signal.” wherein an input of a start and/or an end of measurement is the image signal) ([0179] “In response to the measurement results, an output decision unit 401 calculates the reliability of the biometric measurement data and outputs reliability data, indicating the reliability, together with the biometric measurement data.”), and
at least one memory storing instructions ([0111] “The control circuit 105 may be an integrated circuit including a processor, such as a central processing unit (CPU) or microcomputer, and a memory.”), and
at least one processor configured to execute the instructions to ([0111] “The control circuit 105 may be an integrated circuit including a processor, such as a central processing unit (CPU) or microcomputer, and a memory.”);
shoot the subject and thereby generate the video data ([0121] “the biometric data generation unit 109 generates video data indicating a time change in the cerebral blood flow by processing the image signal including a time or spatial change in the internal scatter component”); and
display the ([0198] “In response to visual information from a display 704, the user 100 operates a controller 705.”),
Narumi does not specifically disclose instruction information and wherein the instruction information is changed in response to an input.
However, Shelton teaches instruction information ([0689] “In an example, the device may generate control instructions based on the primary data stream and the situational data. The control instructions may be sent to adjust an operation of a surgical instrument operatively coupled to the device.” wherein instruction information is control instructions).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to output instruction information of Shelton from the biometric information processing system of Narumi to better inform the user how to adjust the subject being measured.
Narumi in view of Shelton does not specifically disclose a first terminal and a second terminal, the first and second terminals being configured to perform two-way communication with each other.
However, Tran teaches a first terminal and a second terminal, the first and second terminals being configured to perform two-way communication with each other ([Col. 35, lines 50-67] “In another embodiment, a system for delivering medical examination, diagnosis, and treatment services from a physician to a patient over a network includes a first plurality of health care practitioner terminals, each of the first plurality of health care practitioner terminals including a display device and a second plurality of patient terminals in audiovisual communication over a network with any of the first plurality of health care practitioner terminals. Each of the second plurality of patient terminals includes a camera having pan, tilt and zoom modes, such modes being controlled from the first plurality of health care practitioner terminals. A call center is in communication with the patient terminals and the health care practitioner terminals and the call center routes a call from a patient at one of the patient terminals to an available health care practitioner at one of the health care practitioner terminals, so that the available health care practitioner may carry on a two-way conversation with the patient and visually observe the patient.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include two-way communication terminals of Tran in the biometric information processing system of Narumi in view of Shelton to improve the security and operational flexibility of the system.
Regarding claim 26, the claim recites similar limitations to claim 25 but in the form of an apparatus. Therefore, claim 26 recites similar limitations to claim 25 and is rejected for similar rationale and reasoning (see the analysis for claim 25 above).
Regarding claim 27, the claim recites similar limitations to claim 25 but in the form of non-transitory computer readable medium (Narumi - [0005] “It should be noted that general or specific embodiments may be implemented as a system, a method, an integrated circuit, a computer program, a storage medium, or any selective combination thereof.”). Therefore, claim 27 recites similar limitations to claim 25 and is rejected for similar rationale and reasoning (see the analysis for claim 25 above).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMANDA PEARSON whose telephone number is (703)-756-5786. The examiner can normally be reached Monday - Friday 8:00 - 5:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Emily Terrell can be reached on (571)- 270-3717. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/AMANDA H PEARSON/Examiner, Art Unit 2666
/MING Y HON/Primary Examiner, Art Unit 2666
Prosecution Insights