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 .
Claim Objections
Claims 3 and 9 are objected to because of the following informalities:
The dependency of claim 3 on claim 2 is believed to be incorrect. The Examiner believes claim 3 should depend on claim 1.
The dependency of claim 9 on claim 2 is believed to be incorrect. The Examiner believes claim 9 should depend on claim 1. Appropriate correction is required.
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.
Claim 11 is 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 9 recites the phrase “may substantially” in line 3, which renders the claim indefinite because the Examiner cannot determine the metes and bounds of the claimed limitation. For the purpose of examination, the Examiner will interpret the claimed “…projected images may substantially span the region of interest” as --…projected images span the region of interest--.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jacquel et al., US 2020/0046302 in view of Wood et al., US 2014/0187967.
Regarding claim 1, Jacquel discloses a system (Abstract; fig. 1; para 0025; video-based patient monitoring systems and associated methods for detecting and/or monitoring patient breathing) comprising:
at least one depth determining device configured to determine depth data representing depth across a field of view (para 0025, 0028, 0042, and 0080; A depth sensing camera can detect a distance between the camera and objects within its field of view. Such information can be used, as disclosed herein, to determine that a patient 112 is within the FOV 116 of the camera 114 and/or to determine one or more regions of interest (ROI's) to monitor on the patient 112. Once a ROI is identified, the ROI can be monitored over time, and the changes in depth of regions (e.g., pixels) within the ROI 102 can represent movements of the patient 112 associated with breathing);
a processor configured to process the depth data to obtain at least one of time varying depth or physiological information associated with at least one of respiration or another physiological function (para 0025, 0028, 0042, and 0080; the system and/or methods are configured to capture one or more images (e.g., a video sequence) of the ROI's and/or to measure changes in depth of regions (e.g., one or more pixels or groups of pixels) in the ROI's over time. Based, at least in part, on these measurements, the systems and/or methods can assign one or more visual indicators to regions of one or more of the ROI's. In these and other embodiments, the systems and/or methods generate various breathing parameter signals of all or a subset of the ROI's. The breathing parameter signals can include tidal volume, minute volume, and/or respiratory rate, among others); and
a display (fig. 9, element 930; a display) configured to display one or more images of the field of view, wherein at least part of the one or more images is based on at least one of the obtained time varying depth or the physiological information (fig. 9; para 0025, 0046, and 0059-0064; the system can display (e.g., in real-time) the assigned visual indicators over corresponding regions of the ROI in a captured image to visually portray the computed changes in depths. Thus, the assigned visual indicators can exaggerate or emphasize subtle changes in depths detected by the system).
Jacquel discloses claim 1 as enumerated above, but Jacquel does not explicitly disclose a projector configured to project one or more images into the field of view as claimed.
However, Wood discloses projecting the visible representation of the florescence directly on the human body has the significant advantage of allowing the surgeon to view the florescence directly on the patient while performing the surgery; Further the portion of the captured image corresponding to the frequency emitted by the fluorophore, in this case 820 nm, is provided to the projector which in turn projects the image onto the surgical area (para 0023 and 0071).
Therefore, taking the combined disclosures of Jacquel and Wood as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate projecting the visible representation of the florescence directly on the human body has the significant advantage of allowing the surgeon to view the florescence directly on the patient while performing the surgery; Further the portion of the captured image corresponding to the frequency emitted by the fluorophore, in this case 820 nm, is provided to the projector which in turn projects the image onto the surgical area as taught by Wood into the invention of Jacquel for the benefit of allowing the surgeon to view the florescence directly on the patient while performing the surgery (Wood: para 0023).
Regarding claim 2, the system of claim 1, Jacquel and Wood in the combination further disclose wherein the depth data is sensed from a region of interest of a subject thereby to obtain time varying depth or physiological information associated with respiration or another physiological function of the subject (Jacquel: para 0025, 0028, 0042, and 0080) and wherein the image is projected back on to the region of interest of the subject (Wood: para 0023 and 0071).
Regarding claim 3, the system of claim 2, Jacquel and Wood in the combination further disclose wherein the projected one or more images (Wood: para 0023 and 0071) are in spatial correspondence with the obtained time varying depth or physiological information (Jacquel: para 0025, 0028, 0042, and 0080).
Regarding claim 4, the system of claim 1, Jacquel in the combination further disclose wherein the time varying depth or physiological information comprises a sign and/or a magnitude of a calculated change in depth (para 0042 and 0081).
Regarding claim 5, the system of claim 1, Jacquel in the combination further disclose wherein the time varying depth or physiological information comprises a physiological parameter (para 0025, 0028, and 0032).
Regarding claim 6, the system of claim 5, Jacquel in the combination further disclose wherein the physiological parameter comprises at least one of: respiration rate, pulse rate, tidal volume, minute volume, effort to breathe, oxygen saturation (para 0025, 0028, and 0032).
Regarding claim 7, the system of claim 2, Jacquel in the combination further disclose wherein the time varying depth or physiological information comprises a total displacement or velocity of a region of the subject over a breathing cycle (para 0046 and 0079).
Regarding claim 8, the system of claim 2, Jacquel in the combination further disclose wherein the time varying depth or physiological information comprises a magnitude and/or sign of movement relative to the depth determining device (para 0042-0043 and 0048).
Regarding claim 9, the system of claim 2, Jacquel and Wood in the combination further disclose wherein the one or more projected images (Wood: para 0023 and 0071) comprises one or more visual indicators having an appearance based at least in part on the determined time varying depth or physiological information (Jacquel: para 0025, 0042, 0044-0046, and 0081).
Regarding claim 10, the system of claim 9, Jacquel in the combination further disclose wherein the appearance of the one or more visual indicators comprises at least one of: a colour, shade, pattern, concentration and/or intensity (para 0042, 0081, and 0096).
Regarding claim 11, the system of claim 9, Jacquel and Wood in the combination further disclose wherein the depth data are obtained for a region of interest of a subject and the visual indicator (Jacquel: para 0025, 0028, 0042, and 0080) of the one or more projected images (Wood: para 0023 and 0071) may substantially span the region of interest (Jacquel: fig. 9; para 0025, 0046, and 0059-0064).
Regarding claim 12, the system of claim 9, Jacquel in the combination further disclose wherein the one or more visual indicators comprises at least one of: an overlay, a boundary and/or an area defining a region, textual or numerical data, an arrow, one or more contours (para 0025, 0097, and 0106).
Regarding claim 13, the system of claim 9, Jacquel in the combination further disclose wherein the one or more visual indicators comprise two or more visual indicators corresponding to two or more regions, wherein the appearance of each of the two or more visual indicators is based on the time varying depth information or physiological information obtained for that region (para 0025, 0042, 0044-0046, and 0081).
Regarding claim 14, the system of claim 9, Jacquel and Wood in the combination further disclose wherein the two of more images comprises a sequence of moving images (Jacquel: para 0025, 0028, and 0041) and are projected in real time such that the projected images (Wood: para 0023 and 0071) change in response to the changes in the time varying depth or physiological information (Jacquel: fig. 9; para 0025, 0046, and 0059-0064).
Regarding claim 15, the system of claim 9, Jacquel in the combination further disclose wherein the one or more visual indicators has a first appearance when the determined time varying depth information or physiological information is indicative of movement of the region away from the depth determining device and a second appearance when the determined time varying depth information corresponds to movement of the region toward the depth determining device (para 0042-0044).
Regarding claim 16, the system of claim 9, Jacquel in the combination further disclose wherein the one or more visual indicators comprises a further appearance when the determined time varying depth information is indicative of lack of movement of the region relative to the depth determining device (para 0044).
Regarding claim 17, the system of claim 9, Jacquel in the combination further disclose wherein the processor is configured to determine noise information associate with the time varying depth or physiological information and wherein the one or more images is based on the determined noise information (para 0042).
Regarding claim 18, the system of claim 9, Jacquel and Wood in the combination further disclose wherein the projector is an optical projector configured to generate and project an optical image (Wood: para 0071) and/or wherein the at least one depth determining device comprises at least one of: a depth sensing camera, a stereo camera, a camera cluster, a camera array, a motion sensor (Jacquel: para 0028).
Regarding claim 19, this claim recites substantially the same limitations that are performed by claim 1 above, and it is rejected for the same reasons.
Regarding claim 20, this claim recites substantially the same limitations that are performed by claim 1 above, and it is rejected for the same reasons.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Levi et al., US 2021/0401298 discloses devices and methods are provided for performing remote physiological monitoring of vital signs from one or more subjects.
Mestha et al., US 2015/0094597 discloses a system and method for identifying a patient's breathing pattern for respiratory function assessment without contact and with a depth-capable imaging system.
Mestha et al., US 2013/0324875 discloses a system and method for estimating a respiration rate by analyzing distortions in reflections of structured illumination patterns captured in a video containing a view of a subject's thoracic region.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VAN D HUYNH whose telephone number is (571)270-1937. The examiner can normally be reached 8AM-6PM.
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/VAN D HUYNH/Primary Examiner, Art Unit 2665
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