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
This action is in response to the remarks filed on 11/24/2025. The amendments filed on 11/24/2025 are entered.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in United Kingdom on 1/28/2021. The certified copy of the GB2101183.8 application filed on 11/19/2025 has been received.
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“aligner configured to align the user’s face” in claim 11.
“one or more determiners configured to determine” in claim 11.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claims 1-3, 5, 8, 11-12, 14-17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Hartlove (U.S. Pub. No. 20060193498) hereinafter Hartlove, in view of King (U.S. Pat. No. 10762764) hereinafter King.
Regarding claim 1, primary reference Hartlove teaches:
A method for screening a user temperature (abstract; [0050]-[0051]; figure 6), the method comprising:
detecting a user's face in a first image captured using a first camera operating within a first portion of the electromagnetic spectrum ([0037]-[0042], eye-detection subsystem as shown in figure 3 forms first camera operating within a first portion of electromagnetic light spectrum; [0043], single detector may also be used; [0052]-[0053], detecting of one or more eyes within an image detection region forms a positive detection of user’s face captured by a first camera of the eye detection subsystem);
aligning the detected user's face to a second image of the user's face captured using a second camera operating within a second portion of the electromagnetic spectrum which is different from the first portion of the electromagnetic spectrum ([0046]-[0048], thermal imaging subsystem 260 as in figure 4 forms a second camera operating within a second portion of the electromagnetic spectrum that is different from the first portion in the eye-detection subsystem. Furthermore, “The data collected by the eye-detection subsystem 250, i.e., the differential image 340 having the X-Y coordinates of the detected eyes 330 identified and the data collected by the thermal imaging subsystem, i.e., the thermal image 440 is sent to the information processing subsystem (230 of FIG. 2). The information processing subsystem 231 takes the data and correlates the X-Y coordinates of the differential image to an area on the thermal image 440. As such, only the data surrounding the X-Y coordinates needs to be analyzed” teaches to the aligning of the detected user’s face based upon the eye-detection feature, to the second image captured by the thermal imaging system; [0053], “then simultaneously gathers thermal data from the screening area (step 621) and determines the X-Y coordinates of the location of the detected eyes (step 607)”; [0054]);
determining the user's temperature based on the second image aligned to the first image ([0054], “the information processing subsystem may then determine the temperature characteristics of the analysis area at step 627”, with the analysis area being part of the human face region, the temperature characteristics form a determining of the user’s temperature; see also [0050]-[0054]; see also [0024] and [0033], skin temperature); and
determining if the user’s temperature exceeds a predetermined threshold ([0033], elevated skin temperature for a thermal anomaly; [0050], “For example, if the temperature at any point in the analysis area 530 exceeds a threshold (e.g., 99.6.degree. F.), an alarm may be triggered”; [0054], “Thus, the presence of any thermal anomalies may be determined at step 629”).
Primary reference Hartlove fails to teach:
outputting a user temperature output indicative of whether the user's temperature exceeds the predetermined threshold to a remote user on an electronic device
However, the analogous art of King of a biometric monitoring system in communication with electronic devices (abstract) teaches:
outputting a user temperature output indicative of whether the user's temperature exceeds the predetermined threshold to a remote user on an electronic device (col 5, lines 15-52, “alerting one or more remote users in an audio, tactile and/or visual manner” on “one or more remote devices 102” based on the threshold value of a parameter that includes temperature being met).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the temperature detection and alarm notification method of Hartlove to incorporate the outputting of a temperature exceeding a threshold to a remote user on an electronic device as taught by King because remote monitoring by a remote user enables users to determine the health status of a user without being physically present at the same location. This enables more efficient real-time health monitoring of patients and better responses to changes in condition, leading to faster treatment interventions and improved clinical outcomes (see King, col 1, lines 5-41; col 5, lines 15-52).
Regarding claim 2, the combined references of Hartlove and King teach all of the limitations of claim 1. Primary reference Hartlove further teaches:
wherein the first portion of the electromagnetic spectrum is the visible spectrum, and the second portion of the electromagnetic spectrum is the thermal spectrum ([0025], visible light range for the first camera which is the first portion of the electromagnetic spectrum; [0004], thermal spectrum invisible to the human eye; [0046]-[0048], thermal imaging subsystem 260; [0050]-[0054]).
Regarding claim 3, the combined references of Hartlove and King teach all of the limitations of claim 1. Primary reference Hartlove further teaches:
further comprising aligning of a temperature portion associated or within the second image wherein the second image is associated with thermal image data and wherein the temperature portion defines a portion of the second thermal image at which temperature is to be measured wherein the temperature portion is aligned or rotated by an amount determined from the first image wherein the first image is associated with the visible spectrum image ([0048]-[0053], aligning of the first image with the second image to determine the temperature measurement portion; as in [0035], the analysis area is the forehead region which is aligned between the two image acquisition sets and the portion of the second thermal image forms this data acquisition region; see also [0036]-[0047]).
Regarding claim 5, the combined references of Hartlove and King teach all of the limitations of claim 1. Primary reference Hartlove further teaches:
wherein the aligning the detected user’s face to the second image of the user’s face detected using the second camera comprises using rotational information from the first camera, the rotational information being indicative of rotation of the user’s face about an axis ([0036]-[0043], the axis information regarding the cameras and the user’s face angles (rotation of the user’s face on the examined axes) are utilized with the alignment between the visible image and thermal images by determining the location of the eyes within the image and providing for the eye-tracking between images, and thereby detection of the user’s face; see also [0044]-[0054]).
Regarding claim 8, the combined references of Hartlove and King teach all of the limitations of claim 1. Primary reference Hartlove further teaches:
further comprising :
determining a user temperature using data associated with a forehead portion of the user’s face associated with the second image ([0048]-[0053], aligning of the first image with the second image to determine the temperature measurement portion; as in [0035], the analysis area is the forehead region which is aligned between the two image acquisition sets and the portion of the second thermal image forms this data acquisition region; see also [0036]-[0047]).; and
performing, via a self-service device ([0020]-[0023]; [0044]-[0056]), at least one of:
allowing the user to proceed further if the user’s temperature does not exceed the predetermined threshold (for use in checkpoint screening such as in [0020]-[0023], temperature not indicating a fever state enables the user to proceed through the checkpoint; [0033], health screening for anomalies; [0035]; [0050]; [0051]-[0055]);
or not allowing the user to proceed further if the user’s temperature exceeds the predetermined threshold ([0020]-[0023], alarm is activated with a temperature anomaly; [0056], secondary screening area forms a not allowing the user to proceed; [0035]; [0050], alarm event; [0051]-[0055], alarm event forms a not allowing the user to proceed without further detection).
Regarding claim 11, primary reference Hartlove teaches:
A system for screening a user temperature (abstract; [0050]-[0051]; figure 6), the system comprising:
a first camera operating within a first portion of the electromagnetic spectrum wherein the system is configured to detect a user’s face in a first image ([0037]-[0042], eye-detection subsystem as shown in figure 3 forms first camera operating within a first portion of electromagnetic light spectrum; [0043], single detector may also be used; [0052]-[0053], detecting of one or more eyes within an image detection region forms a positive detection of user’s face captured by a first camera of the eye detection subsystem);
a second camera operating within a second portion of the electromagnetic spectrum which is different from the first portion of the electromagnetic spectrum, wherein the system is configured to detect the user’s face in a second image ([0046]-[0048], thermal imaging subsystem 260 as in figure 4 forms a second camera operating within a second portion of the electromagnetic spectrum that is different from the first portion in the eye-detection subsystem. Furthermore, “The data collected by the eye-detection subsystem 250, i.e., the differential image 340 having the X-Y coordinates of the detected eyes 330 identified and the data collected by the thermal imaging subsystem, i.e., the thermal image 440 is sent to the information processing subsystem (230 of FIG. 2). The information processing subsystem 231 takes the data and correlates the X-Y coordinates of the differential image to an area on the thermal image 440. As such, only the data surrounding the X-Y coordinates needs to be analyzed” teaches to the aligning of the detected user’s face based upon the eye-detection feature, to the second image captured by the thermal imaging system; [0053], “then simultaneously gathers thermal data from the screening area (step 621) and determines the X-Y coordinates of the location of the detected eyes (step 607)”; [0054]);
an aligner configured to align the user’s face detected in the first image to the user’s face detected in the second image ([0046]-[0048], thermal imaging subsystem 260 as in figure 4 forms a second camera operating within a second portion of the electromagnetic spectrum that is different from the first portion in the eye-detection subsystem. Furthermore, “The data collected by the eye-detection subsystem 250, i.e., the differential image 340 having the X-Y coordinates of the detected eyes 330 identified and the data collected by the thermal imaging subsystem, i.e., the thermal image 440 is sent to the information processing subsystem (230 of FIG. 2). The information processing subsystem 231 takes the data and correlates the X-Y coordinates of the differential image to an area on the thermal image 440. As such, only the data surrounding the X-Y coordinates needs to be analyzed” teaches to the aligning of the detected user’s face based upon the eye-detection feature, to the second image captured by the thermal imaging system; [0053], “then simultaneously gathers thermal data from the screening area (step 621) and determines the X-Y coordinates of the location of the detected eyes (step 607)”; [0054]; The limitation of an “aligner” has been interpreted under 35 U.S.C. 112(f) to correspond to the structure of a processor or computer as disclosed in [0070] of the applicant’s specification.); and
one or more determiners (The limitation of an “determiner” has been interpreted under 35 U.S.C. 112(f) to correspond to the structure of a processor or computer as disclosed in [0070] of the applicant’s specification.) configured to determine:
the user’s temperature based on the second image aligned to the first image ([0054], “the information processing subsystem may then determine the temperature characteristics of the analysis area at step 627”, with the analysis area being part of the human face region, the temperature characteristics form a determining of the user’s temperature; see also [0050]-[0054]; see also [0024] and [0033], skin temperature); and
if the determined user’s temperature exceeds a predetermined threshold ([0033], elevated skin temperature for a thermal anomaly; [0050], “For example, if the temperature at any point in the analysis area 530 exceeds a threshold (e.g., 99.6.degree. F.), an alarm may be triggered”; [0054], “Thus, the presence of any thermal anomalies may be determined at step 629”).
Primary reference Hartlove fails to teach:
one or more computing devices configured to output a user temperature output indicative of whether the user's temperature exceeds the predetermined threshold to a remote user on an electronic device
However, the analogous art of King of a biometric monitoring system in communication with electronic devices (abstract) teaches:
one or more computing devices configured to output a user temperature output indicative of whether the user's temperature exceeds the predetermined threshold to a remote user on an electronic device (col 5, lines 15-52, “alerting one or more remote users in an audio, tactile and/or visual manner” on “one or more remote devices 102” based on the threshold value of a parameter that includes temperature being met).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the temperature detection and alarm notification method of Hartlove to incorporate the outputting of a temperature exceeding a threshold to a remote user on an electronic device as taught by King because remote monitoring by a remote user enables users to determine the health status of a user without being physically at the same location. This enables more efficient real-time health monitoring of patients and better responses to changes in condition, leading to faster treatment interventions and improved clinical outcomes (see King, col 1, lines 5-41; col 5, lines 15-52).
Regarding claim 12, the combined references of Hartlove and King teach all of the limitations of claim 11. Primary reference Hartlove further teaches:
wherein the aligner is further configured to align the user’s face detected in the first image to the user’s face detected in the second image using rotational information from the first camera, the rotational information being indicative of rotation of the user’s face about an axis ([0036]-[0043], the axis information regarding the cameras and the user’s face angles (rotation of the user’s face on the examined axes) are utilized with the alignment between the visible image and thermal images by determining the location of the eyes within the image and providing for the eye-tracking between images, and thereby detection of the user’s face; see also [0044]-[0054]).
Regarding claim 14, the combined references of Hartlove and King teach all of the limitations of claim 11. Primary reference Hartlove further teaches:
wherein the aligner is configured to align a forehead portion of the user’s face detected in the first image to the user’s face detected in the second image ([0048]-[0053], aligning of the first image with the second image to determine the temperature measurement portion; as in [0035], the analysis area is the forehead region which is aligned between the two image acquisition sets and the portion of the second thermal image forms this data acquisition region; see also [0036]-[0047]).
Regarding claim 15, the combined references of Hartlove and King teach all of the limitations of claim 11. Primary reference Hartlove further fails to teach:
further comprising an output configured to output the user temperature output indicative of whether the user’s temperature exceeds the predetermined threshold to the remote user on the electronic device
However, the analogous art of King of a biometric monitoring system in communication with electronic devices (abstract) teaches:
further comprising an output configured to output the user temperature output indicative of whether the user’s temperature exceeds the predetermined threshold to the remote user on the electronic device (col 5, lines 15-52, “alerting one or more remote users in an audio, tactile and/or visual manner” on “one or more remote devices 102” based on the threshold value of a parameter that includes temperature being met).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the temperature detection and alarm notification method of Hartlove and King to incorporate the outputting of a temperature exceeding a threshold to a remote user on an electronic device as taught by King because remote monitoring by a remote user enables users to determine the health status of a user without being physically at the same location. This enables more efficient real-time health monitoring of patients and better responses to changes in condition, leading to faster treatment interventions and improved clinical outcomes (see King, col 1, lines 5-41; col 5, lines 15-52).
Regarding claim 16, the combined references of Hartlove and King teach all of the limitations of claim 11. Primary reference Hartlove further teaches:
allowing the user to proceed further if the user’s temperature does not exceed the predetermined threshold (for use in checkpoint screening such as in [0020]-[0023], temperature not indicating a fever state enables the user to proceed through the checkpoint; [0033], health screening for anomalies; [0035]; [0050]; [0051]-[0055]); or
not allowing the user to proceed further if the user’s temperature exceeds the predetermined threshold ([0020]-[0023], alarm is activated with a temperature anomaly; [0056], secondary screening area forms a not allowing the user to proceed; [0035]; [0050], alarm event; [0051]-[0055], alarm event forms a not allowing the user to proceed without further detection).
Primary reference Hartlove further fails to teach:
wherein at least one of: the electronic device or the self-service device is configured to receive an input from the remote user
However, the analogous art of King of a biometric monitoring system in communication with electronic devices (abstract) teaches:
wherein at least one of: the electronic device or the self-service device is configured to receive an input from the remote user (col 5, lines 15-52, “alerting one or more remote users in an audio, tactile and/or visual manner” on “one or more remote devices 102” based on the threshold value of a parameter that includes temperature being met, which enables contact of the remote user to the first user and main device)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the temperature detection and alarm notification method of Hartlove and King to incorporate the outputting of a temperature exceeding a threshold to a remote user on an electronic device who can provide an input to the main device as taught by King because remote monitoring by a remote user enables users to determine the health status of a user without being physically at the same location. This enables more efficient real-time health monitoring of patients and better responses to changes in condition, leading to faster treatment interventions and improved clinical outcomes (see King, col 1, lines 5-41; col 5, lines 15-52).
Regarding claim 17, the combined references of Hartlove and King teach all of the limitations of claim 11. Primary reference Hartlove further teaches:
wherein the first portion of the electromagnetic spectrum is the visible spectrum, and the second portion of the electromagnetic spectrum is the thermal spectrum ([0025], visible light range for the first camera which is the first portion of the electromagnetic spectrum; [0004], thermal spectrum invisible to the human eye; [0046]-[0048], thermal imaging subsystem 260; [0050]-[0054]).
Regarding claim 20, primary reference Hartlove teaches:
The computer readable medium having stored thereon a computer program product which, when executed by one or more computing devices (abstract; [0050]-[0051]; figure 6), causes one of the one or more computing devices to:
detect a user's face in a first image captured using a first camera operating within a first portion of the electromagnetic spectrum ([0037]-[0042], eye-detection subsystem as shown in figure 3 forms first camera operating within a first portion of electromagnetic light spectrum; [0043], single detector may also be used; [0052]-[0053], detecting of one or more eyes within an image detection region forms a positive detection of user’s face captured by a first camera of the eye detection subsystem);
align the detected user's face to a second image of the user's face captured using a second camera operating within a second portion of the electromagnetic spectrum which is different from the first portion of the electromagnetic spectrum ([0046]-[0048], thermal imaging subsystem 260 as in figure 4 forms a second camera operating within a second portion of the electromagnetic spectrum that is different from the first portion in the eye-detection subsystem. Furthermore, “The data collected by the eye-detection subsystem 250, i.e., the differential image 340 having the X-Y coordinates of the detected eyes 330 identified and the data collected by the thermal imaging subsystem, i.e., the thermal image 440 is sent to the information processing subsystem (230 of FIG. 2). The information processing subsystem 231 takes the data and correlates the X-Y coordinates of the differential image to an area on the thermal image 440. As such, only the data surrounding the X-Y coordinates needs to be analyzed” teaches to the aligning of the detected user’s face based upon the eye-detection feature, to the second image captured by the thermal imaging system; [0053], “then simultaneously gathers thermal data from the screening area (step 621) and determines the X-Y coordinates of the location of the detected eyes (step 607)”; [0054]);
determine the user's temperature based on the second image aligned to the first image ([0054], “the information processing subsystem may then determine the temperature characteristics of the analysis area at step 627”, with the analysis area being part of the human face region, the temperature characteristics form a determining of the user’s temperature; see also [0050]-[0054]; see also [0024] and [0033], skin temperature); and
determine if the user’s temperature exceeds a predetermined threshold ([0033], elevated skin temperature for a thermal anomaly; [0050], “For example, if the temperature at any point in the analysis area 530 exceeds a threshold (e.g., 99.6.degree. F.), an alarm may be triggered”; [0054], “Thus, the presence of any thermal anomalies may be determined at step 629”).
Primary reference Hartlove fails to teach:
output a user temperature output indicative of whether the user's temperature exceeds the predetermined threshold to a remote user on an electronic device
However, the analogous art of King of a biometric monitoring system in communication with electronic devices (abstract) teaches:
output a user temperature output indicative of whether the user's temperature exceeds the predetermined threshold to a remote user on an electronic device (col 5, lines 15-52, “alerting one or more remote users in an audio, tactile and/or visual manner” on “one or more remote devices 102” based on the threshold value of a parameter that includes temperature being met).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the temperature detection and alarm notification method of Hartlove to incorporate the outputting of a temperature exceeding a threshold to a remote user on an electronic device as taught by King because remote monitoring by a remote user enables users to determine the health status of a user without being physically at the same location. This enables more efficient real-time health monitoring of patients and better responses to changes in condition, leading to faster treatment interventions and improved clinical outcomes (see King, col 1, lines 5-41; col 5, lines 15-52).
Claims 4, 6, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Hartlove, in view of King as applied to claims 1 or 11 above, and further in view of Stanimirovic et al. (U.S. Pub. No. 20180268237) hereinafter Stanimirovic.
Regarding claim 4, the combined references of Hartlove and King teach all of the limitations of claim 1. Primary reference Hartlove further teaches:
wherein the second image is associated with thermal image data and wherein the first image is associated with the visible spectrum image ([0025], visible light range for the first camera which is the first portion of the electromagnetic spectrum; [0004], thermal spectrum invisible to the human eye; [0046]-[0048], thermal imaging subsystem 260; [0050]-[0054]) and
Primary reference Hartlove further fails to teach:
wherein the user’s face in the thermal image is located using a thermal face location algorithm
However, the analogous art of Stanimirovic of a method for determine real environment features within images acquired with computer vision (abstract) teaches:
wherein the user’s face in the thermal image is located using a thermal face location algorithm ([0097], thermal image face detection algorithm processing for face detection of the object class of a human face).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the temperature detection and alarm notification method of Hartlove and King to incorporate the thermal face location algorithm as taught by Stanimirovic because assumptions about the thermal characteristics of the human face readily enable detection within the acquired image data (Stanimirovic, [0097]). By using these principles within the algorithm, more accurate face detection can occur, leading to faster and more efficient determinations of outputs of the overall system.
Regarding claim 6, the combined references of Hartlove and King teach all of the limitations of claim 1. Primary reference Hartlove further fails to teach:
wherein the aligning the detected user’s face using the second camera comprises locating the user’s face in the second image using a face location algorithm
However, the analogous art of Stanimirovic of a method for determine real environment features within images acquired with computer vision (abstract) teaches:
wherein the aligning the detected user’s face using the second camera comprises locating the user’s face in the second image using a face location algorithm ([0097], thermal image face detection algorithm processing for face detection of the object class of a human face forms a face location algorithm).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the temperature detection and alarm notification method of Hartlove and King to incorporate the thermal face location algorithm as taught by Stanimirovic because assumptions about the thermal characteristics of the human face readily enable detection within the acquired image data (Stanimirovic, [0097]). By using these principles within the algorithm, more accurate face detection can occur, leading to faster and more efficient determinations of outputs of the overall system.
Regarding claim 13, the combined references of Hartlove and King teach all of the limitations of claim 11. Primary reference Hartlove further fails to teach:
wherein the second camera is configured to detect the user’s face in a second image using a face location algorithm
However, the analogous art of Stanimirovic of a method for determine real environment features within images acquired with computer vision (abstract) teaches:
wherein the second camera is configured to detect the user’s face in a second image using a face location algorithm ([0097], thermal image face detection algorithm processing for face detection of the object class of a human face forms a face location algorithm).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the temperature detection and alarm notification method of Hartlove and King to incorporate the thermal face location algorithm as taught by Stanimirovic because assumptions about the thermal characteristics of the human face readily enable detection within the acquired image data (Stanimirovic, [0097]). By using these principles within the algorithm, more accurate face detection can occur, leading to faster and more efficient determinations of outputs of the overall system.
Claims 7, 9-10, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Hartlove, in view of King as applied to claims 1 or 11 above, and further in view of Putterman et al. (U.S. Pub. No. 20220157146) hereinafter Putterman.
Regarding claim 7, the combined references of Hartlove and King teach all of the limitations of claim 1. Primary reference Hartlove further teaches:
wherein the aligning the detected user’s face to the second image of the user’s face detected using the second camera comprises aligning a forehead portion of the user’s face associated with the first image to the second image ([0048]-[0053], aligning of the first image with the second image to determine the temperature measurement portion; as in [0035], the analysis area is the forehead region which is aligned between the two image acquisition sets and the portion of the second thermal image forms this data acquisition region; see also [0036]-[0047]) and
Primary reference Hartlove further fails to teach:
the method further comprises determining a predetermined number of samples having the highest temperature associated with the data associated with the forehead portion of the user’s face associated with the second image and excluding the predetermined number of samples when determining a user’s temperature from the data associated with the forehead portion of the user’s face
However, the analogous art of Putterman of a method and system for AI temperature measurements and tracking (abstract) teaches:
the method further comprises determining a predetermined number of samples having the highest temperature associated with the data associated with the forehead portion of the user’s face associated with the second image and excluding the predetermined number of samples when determining a user’s temperature from the data associated with the forehead portion of the user’s face ([0080]; [0081], the highest temperature reading of the set of up to 30 temperature data points (see [0080]), forms a predetermined number of samples (one sample) that is the highest temperature associated with the measured part of the face (forehead in combined invention with Hartlove) and this value is removed and treated as an outlier (excluded from the user temperature measurement) when it is processed as exceeding the representative tracker measurements; see also [0054]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the temperature detection and alarm notification method of Hartlove and King to incorporate the outlier removal of temperature readings as taught by Putterman because highest temperatures may be from an inaccurate reading from a temperature sensor or a reading of another object that would otherwise distort the user’s temperature measurements by the system (Putterman, [0081]). By excluding the measurement from the calculations, the overall temperature reading accuracy can be improved leading to better clinical diagnostics.
Regarding claim 9, the combined references of Hartlove and King teach all of the limitations of claim 1. Primary reference Hartlove further teaches:
further comprising:
allowing the user to proceed further if the user’s temperature does not exceed the predetermined threshold (for use in checkpoint screening such as in [0020]-[0023], temperature not indicating a fever state enables the user to proceed through the checkpoint; [0033], health screening for anomalies; [0035]; [0050]; [0051]-[0055]) or
not allowing the user to proceed further if the user’s temperature exceeds the predetermined threshold ([0020]-[0023], alarm is activated with a temperature anomaly; [0056], secondary screening area forms a not allowing the user to proceed; [0035]; [0050], alarm event; [0051]-[0055], alarm event forms a not allowing the user to proceed without further detection); and
Primary reference Hartlove further fails to teach:
based on the user temperature output, the remote user
However, the analogous art of King of a biometric monitoring system in communication with electronic devices (abstract) teaches:
based on the user temperature output, the remote user (col 5, lines 15-65, “alerting one or more remote users in an audio, tactile and/or visual manner” on “one or more remote devices 102” based on the threshold value of a parameter that includes temperature being met, which enables contact of the remote user to the first user and main device)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the temperature detection and alarm notification method of Hartlove and King to incorporate the outputting of a temperature exceeding a threshold to a remote user on an electronic device who can provide an input to the main device as taught by King because remote monitoring by a remote user enables users to determine the health status of a user without being physically at the same location. This enables more efficient real-time health monitoring of patients and better responses to changes in condition, leading to faster treatment interventions and improved clinical outcomes (see King, col 1, lines 5-41; col 5, lines 15-52).
Primary reference Hartlove further fails to teach:
store the user’s temperature in a database together with corresponding user information
However, the analogous art of Putterman of a method and system for AI temperature measurements and tracking (abstract) teaches:
store the user’s temperature in a database together with corresponding user information ([0026], storing the temperature readings; [0031], storing temperature readings for user; [0044], store all temperature readings; [0047]-[0048], retrieving stored temperature information and comparing to real-time data as a baseline; [0051]-[0054], stored temperature readings are retrieved and used in the processing techniques; [0 [0053], store the temperature readings within the database; [0060]-[0063]; [0070]-[0073], stored temperature values and comparisons to trigger and alert based upon the monitored temperature values; [0071]; [0114]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the temperature detection and alarm notification method of Hartlove and King to incorporate the storage of temperature values of a user within a database as taught by Putterman because it enables comparison of temperature readings as a baseline with current temperature readings, which shows relevant changes in temperature over time that could be indicative of abnormal temperature states (Putterman, [0047]-[0048]). This removes noise associated with changes in ambient temperatures or other inconsistencies that may degrade the quality of measured temperature outputs.
Regarding claim 10, the combined references of Hartlove, King and Putterman teach all of the limitations of claim 9. Primary reference Hartlove further teaches:
allowing the user to proceed further if the user’s temperature does not exceed the predetermined threshold (for use in checkpoint screening such as in [0020]-[0023], temperature not indicating a fever state enables the user to proceed through the checkpoint; [0033], health screening for anomalies; [0035]; [0050]; [0051]-[0055]), or
not allowing the user to proceed further if the user’s temperature does exceed the predetermined threshold ([0020]-[0023], alarm is activated with a temperature anomaly; [0056], secondary screening area forms a not allowing the user to proceed; [0035]; [0050], alarm event; [0051]-[0055], alarm event forms a not allowing the user to proceed without further detection).
Primary reference Hartlove further fails to teach:
accessing the database;
retrieving the stored user temperature
However, the analogous art of Putterman of a method and system for AI temperature measurements and tracking (abstract) teaches:
accessing the database ([0047]-[0048], retrieving stored temperature information and comparing to real-time data as a baseline; [0051]-[0054], stored temperature readings are retrieved and used in the processing techniques; [0060]-[0063]; [0070]-[0073], stored temperature values and comparisons to trigger and alert based upon the monitored temperature values);
retrieving the stored user temperature ([0047]-[0048], retrieving stored temperature information and comparing to real-time data as a baseline; [0051]-[0054], stored temperature readings are retrieved and used in the processing techniques; [0060]-[0063]; [0070]-[0073], stored temperature values and comparisons to trigger and alert based upon the monitored temperature values);
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the temperature detection and alarm notification method of Hartlove, King, and Putterman to incorporate the retrieving of temperature values of a user within a database as taught by Putterman because it enables comparison of temperature readings as a baseline with current temperature readings, which shows relevant changes in temperature over time that could be indicative of abnormal temperature states (Putterman, [0047]-[0048]). This removes noise associated with changes in ambient temperatures or other inconsistencies that may degrade the quality of measured temperature outputs.
Regarding claim 18, the combined references of Hartlove and King teach all of the limitations of claim 11. Primary reference Hartlove further fails to teach:
further comprising a database configured to store the user’s temperature and store user information corresponding to the user’s temperature
However, the analogous art of Putterman of a method and system for AI temperature measurements and tracking (abstract) teaches:
further comprising a database configured to store the user’s temperature and store user information corresponding to the user’s temperature ([0026], storing the temperature readings; [0031], storing temperature readings for user; [0044], store all temperature readings; [0047]-[0048], retrieving stored temperature information and comparing to real-time data as a baseline; [0051]-[0054], stored temperature readings are retrieved and used in the processing techniques; [0 [0053], store the temperature readings within the database; [0060]-[0063]; [0070]-[0073], stored temperature values and comparisons to trigger and alert based upon the monitored temperature values; [0071]; [0114]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the temperature detection and alarm notification method of Hartlove and King to incorporate the storage of temperature values of a user within a database as taught by Putterman because it enables comparison of temperature readings as a baseline with current temperature readings, which shows relevant changes in temperature over time that could be indicative of abnormal temperature states (Putterman, [0047]-[0048]). This removes noise associated with changes in ambient temperatures or other inconsistencies that may degrade the quality of measured temperature outputs.
Regarding claim 19, the combined references of Hartlove and King teach all of the limitations of claim 11. Primary reference Hartlove further teaches:
allow the user to proceed further if the user’s temperature does not exceed the predetermined threshold (for use in checkpoint screening such as in [0020]-[0023], temperature not indicating a fever state enables the user to proceed through the checkpoint; [0033], health screening for anomalies; [0035]; [0050]; [0051]-[0055]),
or not allow the user to proceed further if the user’s temperature does exceed the predetermined threshold ([0020]-[0023], alarm is activated with a temperature anomaly; [0056], secondary screening area forms a not allowing the user to proceed; [0035]; [0050], alarm event; [0051]-[0055], alarm event forms a not allowing the user to proceed without further detection).
Primary reference Hartlove further fails to teach:
further comprising one or more computing devices configured to:
access the database;
retrieve the stored user temperature; and
However, the analogous art of Putterman of a method and system for AI temperature measurements and tracking (abstract) teaches:
further comprising one or more computing devices configured to:
access the database ([0047]-[0048], retrieving stored temperature information and comparing to real-time data as a baseline; [0051]-[0054], stored temperature readings are retrieved and used in the processing techniques; [0060]-[0063]; [0070]-[0073], stored temperature values and comparisons to trigger and alert based upon the monitored temperature values);
retrieve the stored user temperature ([0047]-[0048], retrieving stored temperature information and comparing to real-time data as a baseline; [0051]-[0054], stored temperature readings are retrieved and used in the processing techniques; [0060]-[0063]; [0070]-[0073], stored temperature values and comparisons to trigger and alert based upon the monitored temperature values);
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the temperature detection and alarm notification method of Hartlove and King to incorporate the retrieving of temperature values of a user within a database as taught by Putterman because it enables comparison of temperature readings as a baseline with current temperature readings, which shows relevant changes in temperature over time that could be indicative of abnormal temperature states (Putterman, [0047]-[0048]). This removes noise associated with changes in ambient temperatures or other inconsistencies that may degrade the quality of measured temperature outputs.
Response to Arguments
Applicant's arguments filed 11/24/2025 have been fully considered but they are not persuasive. Responses to each of the applicant’s arguments are detailed below.
Regarding the applicant’s arguments on page 8 of the remarks, the applicant argues that the rejections of the independent claims using the combination of the teachings of Hartlove and King form a product of impermissible hindsight. In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reason