DETAILED ACTION
Claims 1,2,3,4,5,6,17,19 and 7,12,13,14,15,16,18,20 rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claim(s) 1,5,6,17,19 and 7,15,16,18,20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by YUE et al. (US 2025/0061681 A1) with Foreign Application Priority Data: Jun. 27, 2922 (CN)………….202210757490.8 with machine translation (I) of Foreign Application Priority Data: Jun. 27, 2022 (CN)………….202210757490.8 with machine translation II of Foreign Application Priority Data: Jun. 27, 2022 (CN)………….202210757490.8:
Claim(s) 8,9,10 is/are rejected under 35 U.S.C. 103 as being unpatentable over YUE et al. (US 2025/0061681 A1) with Foreign Application Priority Data: Jun. 27, 2922 (CN)………….202210757490.8 with machine translation of Foreign Application Priority Data: Jun. 27, 2022 (CN)………….202210757490.8 in view of Ding et al. (CN 113744414 B) with machine translation (I) with machine translation II of Foreign Application Priority Data: Jun. 27, 2022 (CN)………….202210757490.8:
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over YUE et al. (US 2025/0061681 A1) with Foreign Application Priority Data: Jun. 27, 2922 (CN)………….202210757490.8 with machine translation of Foreign Application Priority Data: Jun. 27, 2022 (CN)………….202210757490.8 in view of ZHANG et al. (CN 111707668 A) with machine translation (I) with machine translation II of Foreign Application Priority Data: Jun. 27, 2022 (CN)………….202210757490.8:
Claim(s) 2,3,4 and 12,13,14 is/are rejected under 35 U.S.C. 103 as being unpatentable over YUE et al. (US 2025/0061681 A1) with Foreign Application Priority Data: Jun. 27, 2022 (CN)………….202210757490.8 with machine translation of Foreign Application Priority Data: Jun. 27, 2922 (CN)………….202210757490.8 in view of CHEN et al. (WO 2019/114721 A1) with machine translation (I) with machine translation II of Foreign Application Priority Data: Jun. 27, 2022 (CN)………….202210757490.8:
Response to Amendment
The amendment was received 3/17/2026. Claims pending: 1-20.
Response to Arguments
Claim Rejections-35 USC 101
Applicant's arguments, pages 8-13, filed 3/17/2026 have been fully considered but they are not persuasive:
Applicants state in page 8 that claim 1 clearly reflects the practical application of the technical solution. In response, where is this “practical application of the technical solution” in the specification?
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., page 9, 3rd S: “process the target image”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., page 9, 4th S: --"segmenting image blocks", "determining target control points based on image block information", and "first iterative execution"-- ) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicants state in page 9 of obtaining the technical effect of "improving image registration of DSA according to the control points" described in the present application. Thus what is the cause and “thereby”1 the effect of "improving image registration of DSA according to the control points"? Fig. 7: diamond-box (not claimed) has a cause-and-effect aspect regarding improving registration2, which is in the Photography and Printing technical fields.
Claim Rejections-35 USC 103
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., page 11, 1st full para, 2nd S: “determine the number of control points to be selected in each image block according to3 the preset total number of control points and the pixel value of each image block”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In contrast claim 1 says:
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In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., page 11, 1st full para, 3rd S: “claim 1 of the present application does not actually acquire control points, but only determines the preset number of control points and the allocation of this number for each image block”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In contrast claim 1 says:
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In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., page 11, 1st full para, 4th S: “the determination of target control points is completed in the final step”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In contrast claim 1 says:
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In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., page 11, 1st full para, last S: “determines the target control points in each image block through the image block information (the number of control points and/or the size of the image block)”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In contrast claim 1 says:
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In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., page 12, 3rd para, last S: “that is, determining the target control points from the target gradient image according to4 the image block information corresponding to each image block (the number of control points in each image block and/or the size of the image block))”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In contrast claim 1 says:
1. (Currently Amended) A method for identifying control points, applied to digital subtraction angiography, comprising:
segmenting a target gradient image to obtain multiple image blocks, the target gradient image being a gradient image of a target image of an inspected object, the target image comprising any one of a mask image, a live image, or a subtracted image, wherein the target image is obtained by a digital subtraction angiography (DSA) imaging device, and the inspected object comprises a human body;
determining a number of control points to be selected for each image block based on5 a first preset number of control points and pixel values within each image block; and
identifying target control points in the target gradient image based6 on7 image block information of each image block, the image block information comprising the number of control points to be selected for the image block and a size of the image block.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1,2,3,4,5,6,17,19 and 7,12,13,14,15,16,18,20 rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
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Step 0: Establish broadest reasonable interpretation as shown through-out
Step 1: Claim 1 is a process; claim 17 is a machine; claim 19 is a manufacture; claim 7 is a process; claim 18 is a machine; claim 20 is a manufacture;
Step 2A, Prong 1
The claim(s) recite(s) a mental process and math via claims 1 and 7:
Re claim 1:
---identifying control points… subtraction …
segmenting a target gradient image to obtain multiple image blocks… gradient… gradient …subtracted …target image is obtained…subtraction …
determining a number … selected…
identifying target control points … selected --:
1. (Currently Amended) A method for identifying control points, applied to digital subtraction angiography, comprising:
segmenting a target gradient image to obtain multiple image blocks, the target gradient image being a gradient image of a target image of an inspected object, the target image comprising any one of a mask image, a live image, or a subtracted image, wherein the target image is obtained by a digital subtraction angiography (DSA) imaging device, and the inspected object comprises a human body;
determining a number of control points to be selected for each image block based on a first preset number of control points and pixel values within each image block; and
identifying target control points in the target gradient image based on image block information of each image block, the image block information comprising the number of control points to be selected for the image block and a size of the image block.
1. (Currently Amended) A method for identifying control points, applied to digital subtraction8 angiography, comprising:
segmenting a target gradient9 image to obtain multiple image blocks, the target gradient image being a gradient image of a target image of an inspected object, the target image comprising any one of a mask image, a live image, or a subtracted10 image, wherein the target image is obtained by a digital subtraction angiography (DSA) imaging device, and the inspected object comprises a human body;
determining a number of control points to be selected for each image block based on11 a first preset number of control points and pixel values within each image block; and
identifying target control points in the target gradient image based12 on13 image block information of each image block, the image block information comprising the number of control points to be selected for the image block and a size of the image block.
Re claims 7,8:
Re claim 7:
--identifying target control points…
segmenting a target gradient image..
the target image is obtained…
determining a number…
identifying the target control points…
obtaining a target subtracted image--:
7. (Currently Amended) A method for image registration14, applied to digital subtraction angiography15, comprising:
identifying target control points in any one of a mask image, a live image, or a subtracted image, which comprises:
segmenting a target gradient image to obtain multiple image blocks, the target gradient image being a gradient image of a target image of an inspected object, the target image comprising any one of the mask image, the live image, or the subtracted image, wherein the target image is obtained by a digital subtraction angiography (DSA) imaging device, and the inspected object comprises a human body;
determining a number of control points to be selected for each image block based on a first preset number of control points and pixel values within each image block; and
identifying the target control points in the target gradient image based on image block information of each image block, the image block information comprising the number of control points to be selected for the image block and a size of the image block; and
obtaining a target subtracted image based on a target mask image and the live image, the target mask image comprising any one of the mask image with the target control points, an image obtained by mapping16 the target control points in the live image to the mask image, or an image obtained by mapping the target control points in the subtracted image to the mask image.
Re claim 8:
--obtaining…
determining…
performing a second iteration…
identifying…
generating…
determining…
obtaining--:
8. (Original) The method of claim 7, wherein the obtaining the target subtracted image based on the target mask image and the live image comprises:
determining a first similarity between the target mask image and the live image;
performing a second iteration, which comprises:
identifying matching control points in the live image corresponding to the target control points; and
generating an updated target mask image based on control point pairs and the target mask image, and determining a second similarity between the updated target mask image and the live image, the control point pairs being each composed of the target control point and the corresponding matching control point; and
obtaining the target subtracted image according to the first similarity and the second similarity.
Step 2A, prong 2
This judicial exception is not integrated into a practical application because the additional elements—such as “digital subtraction angiography” --is not improving a technical field (i.e., said Photography or said Printing fields as discussed in Response to Arguments section) or image processing technology in view of applicant’s disclosure:
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As shown in applicant’s figures 8,9:
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In contrast, claim 8 (and thus dependent claims 9,10,11) implicitly “thereby”17 reflect the disclosed improvement (“resulting in the minimum motion artifacts in the target subtracted image”) in applicant’s disclosure at [0094]:
[0094] In this embodiment, when the second similarity is greater than or equal to the first similarity, it indicates that the updated target mask image and the subtracted image are more similar, and the elastic transformation registration18 algorithm is effective. Accordingly, the updated target mask image is selected as a target mask image, the second similarity is selected as a first similarity for the next second iteration, and the process returns to perform the second iteration to generate another updated target mask image until the second similarity for the next second iteration is less than the first similarity for the next second iteration. At this point, the similarity between the updated target mask image and the live image no longer increases but starts to decrease, and the iteration process is stopped. The updated target mask image obtained in the previous iteration is thus the most similar to the live image. Consequently, the target subtracted image is obtained based on the previously updated target mask image and the live image, resulting in the minimum motion artifacts in the target subtracted image.
8. (Original) The method of claim 7, wherein the obtaining the target subtracted image based on the target mask image and the live image comprises:
determining a first similarity between the target mask image and the live image;
performing a second iteration, which comprises:
identifying matching control points in the live image corresponding to the target control points; and
generating an updated target mask image based on control point pairs and the target mask image, and determining a second similarity between the updated target mask image and the live image, the control point pairs being each composed of the target control point and the corresponding matching control point; and
obtaining the target subtracted image19 according to the first similarity and the second similarity.
Step 2B:
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because each additional element, such as gradient image the “artificial neural network” “digital subtraction angiography”, considered individually or with the mental process & math adheres to conventional practices as indicated in applicant’s specification’s background20:
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Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1,5,6,17,19 and 7,15,16,18,20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated21 by YUE et al. (US 2025/0061681 A1) with Foreign Application Priority Data: Jun. 27, 2922 (CN)………….202210757490.8 with machine translation (I) of Foreign Application Priority Data: Jun. 27, 2022 (CN)………….202210757490.8 with machine translation II of Foreign Application Priority Data: Jun. 27, 2022 (CN)………….202210757490.8:
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Re 1., Yue discloses A method for identifying control points, applied to digital subtraction angiography22 (or likewise “a Digital Subtraction Angiography (DSA) device”, machine translation II, pg. 9 [0029]), (likewise) comprising23:
segmenting (via “The sub-region segmentation module…to segment the first image into regions, obtaining at least two sub-regions”, pg. 5, last txt blk) a (first) target gradient image (resulting in a target-“control point” “gradient” “sub-region”, pg. 16: [0069], of the segmented first image “to determine the target control point of each sub-region”, pg. 19: [0081]) to obtain multiple (“two”, pg. 4 claim 5) image blocks, the target gradient image (“to determine the target control point of each sub-region”, pg. 19: [0081]) being a gradient (“value”, pg. 17 [0074]) image of a target (“examination”, pg. 12 [0033]) image of an inspected (“DSA”24, pg. 15 [0057]) object, the target (“examination”, pg. 12 [0033]) image comprising any one of (A) a (“first”, pg 4, claim 1) mask image, (B) a live image, or (C) a subtracted image, wherein25 the target image is obtained by a digital subtraction angiography (DSA) imaging device (or likewise said “a Digital Subtraction Angiography (DSA) device”, machine translation II, pg. 9 [0029]), and the inspected object comprises a human body (or likewise “the human body”, machine translation II, pg. 9 [0029]) ;
determining26 a (“preset”) number (“200” pg. 17: [0071]: fig. 4:480: “Number of target control points in sub-region”) of control points (“in each block”, pg. 5, 1st txt blk) to be selected (“in medical images”, pg. 10 [0026]) for each image block based27 on
a first preset number (said “200” “preset” pg. 17: [0071] mentioned first relative to a “40” “preset” mentioned next, pg. 21 [0093]: fig. 4: 430: “Initial number of control points”) of control points (such that “the first image can also be divided into regions”, pg. 16 [0065]) and
pixel (displacement-“transformation”28, pg. 20 [0088]) values (“in each sub-region”, pg. 4, claim 4: fig. 4:460: “Subregion”) within each image block (via fig. 4:400:
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; and
identifying target control points (i.e., “determining image control points”, pg. 4, claim 1: fig. 4:430,480: “Initial number of control points”, “Number of target control points in sub-region”) in the target gradient image (resulting in a target-“control point” “gradient” “sub-region”, pg. 16: [0069], of the segmented first image “to determine the target control point of each sub-region”, pg. 19: [0081]) based on
image block information (i.e., “the data”, pg. 11 [0030]: fig. 4:410: “Mask”) of each image block, the (data) image block information comprising the (preset-block-dividing number (200 or 40) of control points to be selected (in the medical image) for the (data) image block (comprised by 200 or 40 blocks) and
a size (“block”, pg. 23 [0104]) of the (data) image block.
Re 5., Yue discloses The method of claim 1, wherein the determining the number of control points (“in each block”, pg. 5, 1st txt blk) to be selected (“in medical images”, pg. 10 [0026]) for each image block based on the first preset number of control points (such that “the first image can also be divided into regions”, pg. 16 [0065]) and the pixel (displacement-“transformation”29, pg. 20 [0088]) values within each image block comprises:
determining a weight of each image block (via a “two blocks”-“sub-region”-“weight determination module 214”, pg. 13 [0046]) in the target gradient image (resulting in a target-“control point” “gradient” “sub-region”, pg. 16: [0069], of the segmented first image “to determine the target control point of each sub-region”, pg. 19: [0081]) based on the pixel (displacement-“transformation”30, pg. 20 [0088]) values within each image block; and
determining the number of control points to be selected for each image block based on the first preset number of control points and the weight of each image block (via fig. 4:470: “Sub-region weight”:
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Re 6., Yue discloses The method of claim 1, wherein the determining the number of control points (“in each block”, pg. 5, 1st txt blk) to be selected (“in medical images”, pg. 10 [0026]) for each image block based on the first preset number of control points (such that “the first image can also be divided into regions”, pg. 16 [0065]) and the pixel (displacement-“transformation”31, pg. 20 [0088]) values within each image block comprises:
determining the number of control points (“in each block”, pg. 5, 1st txt blk) to be selected (“in medical images”, pg. 10 [0026]) for each image block based on (“structural” pg. 9 [0059]) distribution of pixel (displacement-“transformation”32, pg. 20 [0088]) values within each image block and the first preset number of control points (said “200” “preset” pg. 17: [0071] mentioned first relative to a “40” “preset” mentioned next, pg. 21 [0093]: fig. 4: 430: “Initial number of control points”).
Re 17., Yue discloses A computer device (fig. 1: computer stuff) comprising a memory and a processor, the memory storing a computer program, wherein the processor, when executing the computer program, is configured to perform the method for identifying control points of claim 1.
Re 19. (Original), Yue discloses A non-transitory computer-readable medium3334 (fig. 1: computer stuff) having stored thereon a computer program, wherein the computer program, when executed by a processor, causes the processor to perform the method for identifying control points of claim 1.
Claim 7 is rejected like claim 1 except for the last Markush element [D,E or F]:
Re 7. A method for image registration, applied to digital subtraction angiography, comprising:
identifying target control points (i.e., “determining image control points”, pg. 4, claim 1: fig. 4:430,480: “Initial number of control points”, “Number of target control points in sub-region”) in any one of
(A) a mask image,
(B) a live image, or
(C) a subtracted image,
which comprises:
segmenting (via “The sub-region segmentation module…to segment the first image into regions, obtaining at least two sub-regions”, pg. 5, last txt blk) a target gradient image to obtain multiple image blocks, the target gradient image being a gradient image of a target image of an inspected object, the target image comprising any one of the mask image, the live image, or the subtracted image, wherein the target image is obtained by a digital subtraction angiography (DSA) imaging device, and the inspected object comprises a human body ;
determining a number of control points (said “determining image control points”, pg. 4, claim 1: fig. 4:430,480: “Initial number of control points”, “Number of target control points in sub-region”) to be selected for each image block based on a first preset number of control points and pixel values within each image block; and
identifying the target control points (i.e., “determining image control points”, pg. 4, claim 1: fig. 4:430,480: “Initial number of control points”, “Number of target control points in sub-region”) in the target gradient image based on image block information of each image block, the image block information comprising the number of control points to be selected for the image block and a size of the image block; and
obtaining a target subtracted image (“by subtracting the mask 410 from the live film”, pg. 23 [0103]) based on
(D) a target (“490”) mask (“410”, pg. 23 [0103]) image (“pixel-shifted”) and the (B) live (film) image (“so that the same structure in the mask 410 and the live film can be aligned”, pg. 23 [0103]), (D) the target mask (pixel) image (shifted) comprising35 any one of (A) the (“first”, pg 4, claim 1) mask image with the target control points (via “determining image control points”, pg. 4, claim 1: fig. 4:430,480: “Initial number of control points”, “Number of target control points in sub-region”),
(E) an image obtained by mapping the target control points in (B) the live image to the (A) mask image, or
(F) an image obtained by mapping the target control points in (C) the subtracted image to the (A) mask image (via fig. 4:400:
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Claim 15 is rejected like claim 5:
15. The method of claim 7, wherein the determining the number of control points to be selected for each image block based on the first preset number of control points and the pixel values within each image block comprises:
determining a weight of each image block in the target gradient image based on the pixel values within each image block; and
determining the number of control points to be selected for each image block based on the first preset number of control points and the weight of each image block:
Re 5., Yue discloses The method of claim 1, wherein the determining the number of control points (“in each block”, pg. 5, 1st txt blk) to be selected (“in medical images”, pg. 10 [0026]) for each image block based on the first preset number of control points (such that “the first image can also be divided into regions”, pg. 16 [0065]) and the pixel (displacement-“transformation”36, pg. 20 [0088]) values within each image block comprises:
determining a weight of each image block (via a “two blocks”-“sub-region”-“weight determination module 214”, pg. 13 [0046]) in the target gradient image (resulting in a target-“control point” “gradient” “sub-region”, pg. 16: [0069], of the segmented first image “to determine the target control point of each sub-region”, pg. 19: [0081]) based on the pixel (displacement-“transformation”37, pg. 20 [0088]) values within each image block; and
determining the number of control points to be selected for each image block based on the first preset number of control points and the weight of each image block (via fig. 4:470: “Sub-region weight”:
Claim 16 is rejected like claim 6:
16. The method of claim 7, wherein the determining the number of control points to be selected for each image block based on the first preset number of control points and the pixel values within each image block comprises:
determining the number of control points to be selected for each image block based on distribution of pixel values within each image block and the first preset number of control points:
Re 6., Yue discloses The method of claim 1, wherein the determining the number of control points (“in each block”, pg. 5, 1st txt blk) to be selected (“in medical images”, pg. 10 [0026]) for each image block based on the first preset number of control points (such that “the first image can also be divided into regions”, pg. 16 [0065]) and the pixel (displacement-“transformation”38, pg. 20 [0088]) values within each image block comprises:
determining the number of control points (“in each block”, pg. 5, 1st txt blk) to be selected (“in medical images”, pg. 10 [0026]) for each image block based on (“structural” pg. 9 [0059]) distribution of pixel (displacement-“transformation”39, pg. 20 [0088]) values within each image block and the first preset number of control points (said “200” “preset” pg. 17: [0071] mentioned first relative to a “40” “preset” mentioned next, pg. 21 [0093]: fig. 4: 430: “Initial number of control points”).
Claim 18 is rejected like claim 17:
18. A computer device comprising a memory and a processor, the memory storing a computer program, wherein the processor, when executing the computer program, is configured to perform the method for image registration of claim 7.
Claim 20 is rejected like claim 17:
20. A non-transitory computer-readable medium4041 having stored thereon a computer program, wherein the computer program, when executed by a processor, causes the processor to perform the method for image registration of claim 7.
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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.
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) 8,9,10 is/are rejected under 35 U.S.C. 103 as being unpatentable over YUE et al. (US 2025/0061681 A1) with Foreign Application Priority Data: Jun. 27, 2922 (CN)………….202210757490.8 with machine translation of Foreign Application Priority Data: Jun. 27, 2022 (CN)………….202210757490.8 in view of Ding et al. (CN 113744414 B) with machine translation (I) with machine translation II of Foreign Application Priority Data: Jun. 27, 2022 (CN)………….202210757490.8:
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Re 8., Yue teaches The method of claim 7, wherein the obtaining the target subtracted image (“by subtracting the mask 410 from the live film”, pg. 23 [0103]) based on the target (“490”) mask (“410”, pg. 23 [0103]) image (“pixel-shifted”) and the live image (“so that the same structure in the mask 410 and the live film can be aligned”, pg. 23 [0103]) comprises:
determining a first similarity (comprised by “the similarity between block C and Block D is recalculated”, pg. 17 [0104]) between the target mask image and the live image;
performing a second iteration (said comprised by “the similarity between block C and Block D is recalculated”, pg. 17 [0104]), which comprises:
identifying matching control points in the live image corresponding to the target control points (“so that the same structure in the mask 410 and the live film can be aligned”, pg. 23 [0103]); and
generating an updated target mask image (“pixel shifted”, pg. 23 [0103]) based on control point pairs and the target mask image, and determining a second similarity (via said comprised by “the similarity between block C and Block D is recalculated”, pg. 17 [0104]) between the updated target mask image (“pixel shifted”, pg. 23 [0103]) and the live image (“so that the same structure in the mask 410 and the live film can be aligned”, pg. 23 [0103]), the control point pairs being each composed of the target control point and the corresponding matching control point; and
obtaining the target subtracted image (“by subtracting the mask 410 from the live film”, pg. 23 [0103]) according to the first similarity and the second similarity (comprised by “the similarity between block C and Block D is recalculated”, pg. 17 [0104] “so that the same structure in the mask 410 and the live film can be aligned”, pg. 23 [0103]).
Yue does not teach:
generating (an updated target mask image)…
updated (target mask image)…
updated (target mask image).
Ding teaches:
generating (“according to the touch operation”, pg. 6, 3rd txt blk: fig. 4: finger) (an updated target mask image):
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updated (“according to the touch operation”, pg. 6, 5th txt blk: fig. 4: finger) (target mask image)…
updated (via “when updating the mask image, it can firstly determine at least two touch points”, pg. 6, 6th txt blk) (target mask image).
Since You teaches a mask, one of skill in the art of masks can make Yue’s be as Ding’s predictably recognizing the change “to further Improve the accuracy of the obtained display image”, Ding, pg. 6, 5th txt blk
Re 9., Yue of the combination of Yue, Ding teaches The method of claim 8, wherein the obtaining the target subtracted image (“by subtracting the mask 410 from the live film”, pg. 23 [0103]) according to the first similarity and the second similarity (comprised by “the similarity between block C and Block D is recalculated”, pg. 17 [0104] “so that the same structure in the mask 410 and the live film can be aligned”, pg. 23 [0103]) comprises:
(A) obtaining the target subtracted image by registering the live image and the updated target mask image if42 the second similarity is greater than or equal to the first similarity (since Markush alternative (A) is an unsatisfied contingent limitation, evidence “not need”43 be shown for this contingency under the broadest reasonable interpretation of method claim 9); or
(B) obtaining the target subtracted image by registering the live image and the target mask image if44 the second similarity is less than the first similarity (since Markush alternative (B) is an unsatisfied contingent limitation, evidence need not be shown for this contingency under the broadest reasonable interpretation of method claim 9).
Re 10., Yue of the combination of Yue, Ding teaches The method of claim 8, wherein the obtaining the target subtracted image (“by subtracting the mask 410 from the live film”, pg. 23 [0103]) according to the first similarity and the second similarity (comprised by “the similarity between block C and Block D is recalculated”, pg. 17 [0104] “so that the same structure in the mask 410 and the live film can be aligned”, pg. 23 [0103]) comprises:
(A) if45 the second similarity is greater than or equal to the first similarity, performing a next second iteration to determine a second similarity obtained by the next second iteration by selecting the updated target mask image as a target mask image for the next second iteration and selecting the second similarity as a first similarity for the next second iteration (since Markush alternative (A) is an unsatisfied contingent limitation, evidence “not need” be shown for this contingency under the broadest reasonable interpretation of method claim 10); and46
(B) if47 the second similarity obtained by the next second iteration is less than the first similarity for the next second iteration, obtaining the target subtracted image based on the updated target mask image obtained by the previous second iteration and the live image (since Markush alternative (B) is an unsatisfied contingent limitation, evidence “not need” be shown for this contingency under the broadest reasonable interpretation of method claim 10).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over YUE et al. (US 2025/0061681 A1) with Foreign Application Priority Data: Jun. 27, 2922 (CN)………….202210757490.8 with machine translation of Foreign Application Priority Data: Jun. 27, 2022 (CN)………….202210757490.8 in view of ZHANG et al. (CN 111707668 A) with machine translation (I) with machine translation II of Foreign Application Priority Data: Jun. 27, 2022 (CN)………….202210757490.8:
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Re 11., Yue of the combination of Yue, Ding teaches The method of claim 8, further comprising selecting (“in medical images, thereby removing motion artifacts in the image”, pg. 10 [0026]) the matching control points in the live image (“so that the same structure in the mask 410 and the live film can be aligned”, pg. 23 [0103]) as reference starting points (“in medical images”, pg. 10 [0026]) for matching the target mask image and a next live image (“so that the same structure in the mask 410 and the live film can be aligned”, pg. 23 [0103]).
Yue of the combination of Yue, Ding does not teach “reference starting” (points). Zhang teaches “reference starting” (points) in page 13, 4th txt blk, 7th txt blk. Since Yue of the combination of Yue, Ding teaches registration, one of skill in the art of registration can make Yue’s of the combination of Yue, Ding be as Zhang’s predictably recognizing the change “to obtain the effective matching point”, Zhang, pg. 9, 9th txt blk; thus, so that the same structure in the mask 410 and the live film can be effectively aligned .
Claim(s) 2,3,4 and 12,13,14 is/are rejected under 35 U.S.C. 103 as being unpatentable over YUE et al. (US 2025/0061681 A1) with Foreign Application Priority Data: Jun. 27, 2022 (CN)………….202210757490.8 with machine translation of Foreign Application Priority Data: Jun. 27, 2922 (CN)………….202210757490.8 in view of CHEN et al. (WO 2019/114721 A1) with machine translation (I) with machine translation II of Foreign Application Priority Data: Jun. 27, 2022 (CN)………….202210757490.8:
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Re 2., Yue teaches The method of claim 1, wherein the identifying the target control points (i.e., “determining image control points”, pg. 4, claim 1: fig. 4:430,480: “Initial number of control points”, “Number of target control points in sub-region”) in the target gradient image (resulting in a target-“control point” “gradient” “sub-region”, pg. 16: [0069], of the segmented first image “to determine the target control point of each sub-region”, pg. 19: [0081]) based on image block information (i.e., “the data”, pg. 11 [0030]: fig. 4:410: “Mask”) of each image block (of said “two”, pg. 4 claim 5) comprises:
selecting the image block (resulting in a “filtered”48 “block”, pg. 22 [0102], of said “two”, pg. 4 claim 5) that meets a preset (“gradient threshold”, pg. 19 [0083]/ “1000”-- initial control points-- “threshold”, pg. 16, 1st txt blk) condition as a first target image block (comprised by a “36 target point”-two-blocks-“sub-region 1”, pg. 17 [0071]);
performing a first iteration (comprised by “the similarity between block C and Block D is recalculated”, pg. 17 [0104]), which comprises segmenting the first target image block (comprised by a “36 target point”-two-blocks-“sub-region 1”, pg. 17 [0071]) to obtain multiple new image blocks (comprised by a “36 target point”-two-blocks-“sub-region 1”, pg. 17 [0071]) and determining a number of control points to be selected for each new image block (comprised by a “36 target point”-two-blocks-“sub-region 1”, pg. 17 [0071]) based on the number of control points to be selected for the first target image block (comprised by a “36 target point” “sub-region 1”, pg. 17 [0071]) and pixel (displacement-“transformation”49, pg. 20 [0088]) values within each new image block;
performing the first iteration (comprised by “the similarity between block C and Block D is recalculated”, pg. 17 [0104]) by selecting the new image block (resulting in a “filtered”50 “block”, pg. 22 [0102], of said “two”, pg. 4 claim 5, such that “each sub-region may be divided into at least two blocks”, pg. 8 [0008]) that meets the preset (“gradient threshold”, pg. 19 [0083]) condition as51 a first target image block (comprised by a “36 target point” “sub-region 1”, pg. 17 [0071]);
repeating the first iteration (comprised by “the similarity between block C and Block D is recalculated”, pg. 17 [0104]) until52 each newly obtained image block does not meet the preset condition, and selecting the image blocks (resulting in a “filtered”53 “block”, pg. 22 [0102], of said “two”, pg. 4 claim 5, such that “each sub-region may be divided into at least two blocks”, pg. 8 [0008]) that do not meet the preset (“gradient threshold”, pg. 19 [0083] / “1000”-- initial control points-- “threshold”, pg. 16, 1st txt blk) condition in each first iteration (comprised by “the similarity between block C and Block D is recalculated”, pg. 17 [0104]) as54 (via “block matching”, pg. 23 [0104]) second target image blocks (via “sub-region 2” such that “each sub-region may be divided into at least two blocks”, pg. 8 [0008]); and
identifying the target control points (i.e., “determining image control points”, pg. 4, claim 1: fig. 4:430,480: “Initial number of control points”, “Number of target control points in sub-region”) in each second target image block (via “sub-region 2” such that “each sub-region may be divided into at least two blocks”, pg. 8 [0008]) based on pixel (displacement-“transformation”55, pg. 20 [0088]) values within the second target image block (via “sub-region 2” such that “each sub-region may be divided into at least two blocks”, pg. 8 [0008]).
YUE does not teach:
“new (image blocks)…
new (image block)…
new (image block)…
new (image block)…
(the image blocks) that do not meet (the preset condition)”.
Chen teaches:
new (“inter prediction method” “prediction block”, pg. 29, 3rd txt blk) (image blocks)…
new (i.e., “current”56, pg. 29, 3rd txt blk) (image block)…
new (“currently encoded”, pg. 29, 3rd txt blk) (image block)…
new (“currently decoded”, pg. 29, 4th txt blk) (image block)…
(the image blocks) that do not meet (via “is less than…the number threshold57”, pg. 35, last txt blk) (the preset condition).
Since Yue teaches a live film (i.e., live video), one of skill in the art of film (i.e., live video) can make Yue’s be as Chen’s predictably recognizing the change improving the finding of block matches via “to improve prediction”, Chen, pg. 11, penult txt blk, wherein “prediction is to find a matching…block”, Chen, pg. 10, last txt blk, improving Yue’s block matching.
Re 3., Yue of the combination of YUE,Chen teaches The method of claim 2, wherein the identifying the target control points (i.e., “determining image control points”, pg. 4, claim 1: fig. 4:430,480: “Initial number of control points”, “Number of target control points in sub-region”) in the target gradient image (resulting in a target-“control point” “gradient” “sub-region”, pg. 16: [0069], of the segmented first image “to determine the target control point of each sub-region”, pg. 19: [0081]) based on image block information (i.e., “the data”, pg. 11 [0030]: fig. 4:410: “Mask”) of each image block (of said “two”, pg. 4 claim 5) comprises58:
A) determining whether5960 (or not) each image block meets the preset (“gradient threshold”, pg. 19 [0083]/ “1000”-- initial control points-- “threshold”, pg. 16, 1st txt blk) condition based on the image block information (i.e., “the data”, pg. 11 [0030]: fig. 4:410: “Mask”) of each image block (of said “two”, pg. 4 claim 5)61
or not A) ~not determining whether each image block meets the preset condition based on the image block information of each image block~; and
selecting62 a (“moving”, pg. 7 [0002]) pixel63 (or a control, image64 point65--a control pixel-- of a medical image comprised by “processing equipment to select control points in medical images”, pg. 10 [0026]) with the maximum (“gradient”, pg. 22 [0099]) pixel (displacement-“transformation”66, pg. 20 [0088]) value in the image block (of said “two”, pg. 4 claim 5) as the target control point (i.e., “determining image control points”, pg. 4, claim 1: fig. 4:430,480: “Initial number of control points”, “Number of target control points in sub-region”), if67 the image block (of said “two”, pg. 4 claim 5) does68 not meet the preset condition (via said making Yue’s live video-film be as Chen’s video improving Yue’s block matching).
Re 4., Yue of the combination of YUE,Chen teaches The method of claim 2, wherein the selecting the image block (resulting in a “filtered”69 “block”, pg. 22 [0102], of said “two”, pg. 4 claim 5) that meets the preset (“gradient threshold”, pg. 19 [0083]/ “1000”-- initial control points-- “threshold”, pg. 16, 1st txt blk) condition as the first target image block (comprised by a “36 target point”-two-blocks-“sub-region 1”, pg. 17 [0071]) comprises:
determining that the image block (resulting in a “filtered”70 “block”, pg. 22 [0102], of said “two”, pg. 4 claim 5) meets the preset condition (“gradient threshold”, pg. 19 [0083]/ “1000”-- initial control points-- “threshold”, pg. 16, 1st txt blk) if71 the number (“200” “preset” pg. 17: [0071] or “1000” pg. 16 1st txt blk: fig. 4:480: “Number of target control points in sub-region”) of control points for the image block (resulting in a “filtered” “block”, pg. 22 [0102], of said “two”, pg. 4 claim 5) is larger than a second preset number (“200” “preset” pg. 17: [0071]) of control points and the size of the image block (resulting in a “filtered”72 “block”, pg. 22 [0102], of said “two”, pg. 4 claim 5) is larger (or “different”, pg. 16 [0066]) than a preset73 size (or each presupposed set-smaller-in-size-region via each “divided”74 “sub-region”75 “if76 the mask 410 contains 12*12 blocks and 4*4 sub-regions, then each sub-region contains 3*3 blocks”, pg. 21 [0094] ).
selecting the image block (resulting in a “filtered”77 “block”, pg. 22 [0102], of said “two”, pg. 4 claim 5) that meets the preset (“gradient threshold”, pg. 19 [0083]/ “1000”-- initial control points-- “threshold”, pg. 16, 1st txt blk) condition as the first target image block (comprised by a “36 target point”-two-blocks-“sub-region 1”, pg. 17 [0071]).
Claim 12 is rejected like claim 2:
Re 12., the combination of YUE,Chen teaches The method of claim 7, wherein the identifying the target control points in the target gradient image based on image block information of each image block comprises:
selecting the image block that meets a preset condition as a first target image block;
performing a first iteration, which comprises segmenting the first target image block to obtain multiple new image blocks and determining a number of control points to be selected in each new image block based on the number of control points to be selected for the first target image block and pixel values within each new image block;
performing the first iteration by selecting the new image block that meets the preset condition as a first target image block;
repeating the first iteration until each newly obtained image block does not meet the preset condition, and selecting the image blocks that do not meet the preset condition in each first iteration as second target image blocks; and
identifying the target control points in each second target image block based on pixel values within the second target image block (via the rejection of claim 2, reproduced below:
Re 2., Yue teaches The method of claim 1, wherein the identifying the target control points (i.e., “determining image control points”, pg. 4, claim 1: fig. 4:430,480: “Initial number of control points”, “Number of target control points in sub-region”) in the target gradient image (resulting in a target-“control point” “gradient” “sub-region”, pg. 16: [0069], of the segmented first image “to determine the target control point of each sub-region”, pg. 19: [0081]) based on image block information (i.e., “the data”, pg. 11 [0030]: fig. 4:410: “Mask”) of each image block (of said “two”, pg. 4 claim 5) comprises:
selecting the image block (resulting in a “filtered” “block”, pg. 22 [0102], of said “two”, pg. 4 claim 5) that meets a preset (“gradient threshold”, pg. 19 [0083]/ “1000”-- initial control points-- “threshold”, pg. 16, 1st txt blk) condition as a first target image block (comprised by a “36 target point”-two-blocks-“sub-region 1”, pg. 17 [0071]);
performing a first iteration (comprised by “the similarity between block C and Block D is recalculated”, pg. 17 [0104]), which comprises segmenting the first target image block (comprised by a “36 target point”-two-blocks-“sub-region 1”, pg. 17 [0071]) to obtain multiple new image blocks (comprised by a “36 target point”-two-blocks-“sub-region 1”, pg. 17 [0071]) and determining a number of control points to be selected for each new image block (comprised by a “36 target point”-two-blocks-“sub-region 1”, pg. 17 [0071]) based on the number of control points to be selected for the first target image block (comprised by a “36 target point” “sub-region 1”, pg. 17 [0071]) and pixel (displacement-“transformation”, pg. 20 [0088]) values within each new image block;
performing the first iteration (comprised by “the similarity between block C and Block D is recalculated”, pg. 17 [0104]) by selecting the new image block (resulting in a “filtered” “block”, pg. 22 [0102], of said “two”, pg. 4 claim 5, such that “each sub-region may be divided into at least two blocks”, pg. 8 [0008]) that meets the preset (“gradient threshold”, pg. 19 [0083]) condition as a first target image block (comprised by a “36 target point” “sub-region 1”, pg. 17 [0071]);
repeating the first iteration (comprised by “the similarity between block C and Block D is recalculated”, pg. 17 [0104]) until each newly obtained image block does not meet the preset condition, and selecting the image blocks (resulting in a “filtered” “block”, pg. 22 [0102], of said “two”, pg. 4 claim 5, such that “each sub-region may be divided into at least two blocks”, pg. 8 [0008]) that do not meet the preset (“gradient threshold”, pg. 19 [0083] / “1000”-- initial control points-- “threshold”, pg. 16, 1st txt blk) condition in each first iteration (comprised by “the similarity between block C and Block D is recalculated”, pg. 17 [0104]) as (via “block matching”, pg. 23 [0104]) second target image blocks (via “sub-region 2” such that “each sub-region may be divided into at least two blocks”, pg. 8 [0008]); and
identifying the target control points (i.e., “determining image control points”, pg. 4, claim 1: fig. 4:430,480: “Initial number of control points”, “Number of target control points in sub-region”) in each second target image block (via “sub-region 2” such that “each sub-region may be divided into at least two blocks”, pg. 8 [0008]) based on pixel (displacement-“transformation”, pg. 20 [0088]) values within the second target image block (via “sub-region 2” such that “each sub-region may be divided into at least two blocks”, pg. 8 [0008]).
Claim 13 is rejected like claim 3:
Re 13., the combination of YUE,Chen teaches The method of claim 12, wherein the identifying the target control points in the target gradient image based on image block information of each image block comprises:
determining whether each image block meets the preset condition based on the image block information of each image block; and
selecting a pixel with the maximum pixel value in the image block as the target control point, if the image block does not meet the preset condition (via the rejection of claim 3, reproduced below:
Re 3., Yue of the combination of YUE,Chen teaches The method of claim 2, wherein the identifying the target control points (i.e., “determining image control points”, pg. 4, claim 1: fig. 4:430,480: “Initial number of control points”, “Number of target control points in sub-region”) in the target gradient image (resulting in a target-“control point” “gradient” “sub-region”, pg. 16: [0069], of the segmented first image “to determine the target control point of each sub-region”, pg. 19: [0081]) based on image block information (i.e., “the data”, pg. 11 [0030]: fig. 4:410: “Mask”) of each image block (of said “two”, pg. 4 claim 5) comprises:
A) determining whether (or not) each image block meets the preset (“gradient threshold”, pg. 19 [0083]/ “1000”-- initial control points-- “threshold”, pg. 16, 1st txt blk) condition based on the image block information (i.e., “the data”, pg. 11 [0030]: fig. 4:410: “Mask”) of each image block (of said “two”, pg. 4 claim 5)
or not A) ~not determining whether each image block meets the preset condition based on the image block information of each image block~; and
selecting a (“moving”, pg. 7 [0002]) pixel (or a control, image point--a control pixel-- of a medical image comprised by “processing equipment to select control points in medical images”, pg. 10 [0026]) with the maximum (“gradient”, pg. 22 [0099]) pixel (displacement-“transformation”, pg. 20 [0088]) value in the image block (of said “two”, pg. 4 claim 5) as the target control point (i.e., “determining image control points”, pg. 4, claim 1: fig. 4:430,480: “Initial number of control points”, “Number of target control points in sub-region”), if the image block (of said “two”, pg. 4 claim 5) does not meet the preset condition (via said making Yue’s live video-film be as Chen’s video improving Yue’s block matching).
Claim 14 is rejected like claim 4:
Re 14., the combination of YUE,Chen teaches The method of claim 12, wherein the selecting the image block that meets the preset condition as the first target image block comprises:
determining that the image block meets the preset condition if the number of control points for the image block is larger than a second preset number of control points and the size of the image block is larger than a preset size; and
selecting the image block that meets the preset condition as the first target image block (via the rejection of claim 4, reproduced below:
Re 4., Yue of the combination of YUE,Chen teaches The method of claim 2, wherein the selecting the image block (resulting in a “filtered” “block”, pg. 22 [0102], of said “two”, pg. 4 claim 5) that meets the preset (“gradient threshold”, pg. 19 [0083]/ “1000”-- initial control points-- “threshold”, pg. 16, 1st txt blk) condition as the first target image block (comprised by a “36 target point”-two-blocks-“sub-region 1”, pg. 17 [0071]) comprises:
determining that the image block (resulting in a “filtered” “block”, pg. 22 [0102], of said “two”, pg. 4 claim 5) meets the preset condition (“gradient threshold”, pg. 19 [0083]/ “1000”-- initial control points-- “threshold”, pg. 16, 1st txt blk) if the number (“200” “preset” pg. 17: [0071] or “1000” pg. 16 1st txt blk: fig. 4:480: “Number of target control points in sub-region”) of control points for the image block (resulting in a “filtered” “block”, pg. 22 [0102], of said “two”, pg. 4 claim 5) is larger than a second preset number (“200” “preset” pg. 17: [0071]) of control points and the size of the image block (resulting in a “filtered” “block”, pg. 22 [0102], of said “two”, pg. 4 claim 5) is larger (or “different”, pg. 16 [0066]) than a preset size (or each presupposed set-smaller-in-size-region via each “divided” “sub-region” “if the mask 410 contains 12*12 blocks and 4*4 sub-regions, then each sub-region contains 3*3 blocks”, pg. 21 [0094] ).
selecting the image block (resulting in a “filtered” “block”, pg. 22 [0102], of said “two”, pg. 4 claim 5) that meets the preset (“gradient threshold”, pg. 19 [0083]/ “1000”-- initial control points-- “threshold”, pg. 16, 1st txt blk) condition as the first target image block (comprised by a “36 target point”-two-blocks-“sub-region 1”, pg. 17 [0071]).
Conclusion
The prior art “nearest to the subject matter defined in the claims” (MPEP 707.05) made of record and not relied upon is considered pertinent to applicant's disclosure.
The following table lists several references that are relevant to the subject matter claimed and disclosed in this Application. The references are not relied on by the Examiner, but are provided to assist the Applicant in responding to this Office action:
Citation
Relevance
IDS (2/23/2026) cited Wang et al. (Automatic Corresponding Control Points Selection for Historical Document Image Registration)
Wang teaches target image point selection via page 1177:
--2.2. Correspondence Establishment
Once two sets of candidate78 points have been detected from the reference image and the target image, the correspondences between them are established with a searching procedure which minimizes a dissimilarity metric defined as:
as the closest to the claimed “identifying target control points in the target gradient image based on image block information of each image block, the image block information comprising the number of control points to be selected” of claim 1.
ZHANG et al. (CN 101822545 A) corresponding to IDS (12/28/2023) cited ZHANG et al. (101822545 B)
ZHANG teaches digital subtraction angiography (DSA) and “target control point” over time via:
“A digital substraction angiography motion artefact eliminating method” (Abstract); and
Page 10, 1st txt blk:
[0057] move along the space-time slice direction when the target control point, the control point will be successively captured, presented is a line in the space slice image of the plurality of time slices. When the target control point moves along the horizontal direction, if the control point movement speed less the space-time slice interval, the control point will be the same one-time slices captured a plurality of times, in the time slice represented as a space with limited long line section. when the target control point movement direction and the space-time slice forming an included angle, which can be decomposed into parallel direction and vertical direction, its moving track is synthesized by the two-direction track.
as the closest to the claimed “digital subtraction angiography” and “target control points” of claim 1.
THIS ACTION IS MADE FINAL. 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DENNIS ROSARIO whose telephone number is (571)272-7397. The examiner can normally be reached Monday-Friday, 9AM-5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Henok Shiferaw can be reached at 571-272-4637. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DENNIS ROSARIO/Examiner, Art Unit 2676
/Henok Shiferaw/Supervisory Patent Examiner, Art Unit 2676
1 MPEP 2106.04(d)(1) Evaluating Improvements in the Functioning of a Computer, or an Improvement to Any Other Technology or Technical Field in Step 2A Prong Two [R-10.2019], 2nd para, last S: The claim itself does not need to explicitly recite the improvement described in the specification (e.g., "thereby increasing the bandwidth of the channel")
2 registration: Photography. proper relationship between two plane surfaces in photography, as corresponding plates in photoengraving. Printing. a precise adjustment or correspondence, as of lines, columns, etc., especially on the two sides of a leaf, wherein photography is defined: the process or art of producing images of objects on sensitized surfaces by the chemical action of light or of other forms of radiant energy, as (DSA) x-rays, gamma rays, or cosmic rays. (Dictionary.com)
3 according to: contingent on. (Dictionary.com)
4 according to: contingent on. (Dictionary.com)
5 based on: of (thesarus.com)
6 BROAD CLAIM LANGUAGE: based: the simple past tense and past participle of base, wherein base is defined: VERB (USED WITHOUT OBJECT) to have a basis; be based (usually followed by on or upon ), wherein based VERB (USED WITH OBJECT) is defined: to place or establish on a base or basis; ground; found (usually followed by on or upon ), wherein basis is defined: a basic fact, amount, standard, etc., used in making computations, reaching conclusions, or the like , wherein etc is defined: and others; and so forth; and so on (used to indicate that more of the same sort or class might have been mentioned, but for brevity have been omitted), wherein so is defined: likewise or correspondingly; also; too. (Dictionary.com)
7 on: in connection, association, or cooperation with; as a part or element of (Dictionary.com)
8 subtraction: Mathematics. the operation or process of finding the difference between two numbers or quantities, denoted by a minus sign (−), wherein difference is defined: Also called finite distance. Mathematics. (of a functionf ) an expression of the form f (x +h ) − f (x ). (Dictionary.com)
9 gradient: Mathematics. a differential operator that, operating upon a function of several variables, results in a vector the coordinates of which are the partial derivatives of the function. grad. ∇ (Dictionary.com)
10 subtract: to calculate the difference between (two numbers or quantities) by subtraction (Dictionary.com)
11 based on: of (thesarus.com)
12 BROAD CLAIM LANGUAGE: based: the simple past tense and past participle of base, wherein base is defined: VERB (USED WITHOUT OBJECT) to have a basis; be based (usually followed by on or upon ), wherein based VERB (USED WITH OBJECT) is defined: to place or establish on a base or basis; ground; found (usually followed by on or upon ), wherein basis is defined: a basic fact, amount, standard, etc., used in making computations, reaching conclusions, or the like , wherein etc is defined: and others; and so forth; and so on (used to indicate that more of the same sort or class might have been mentioned, but for brevity have been omitted), wherein so is defined: likewise or correspondingly; also; too. (Dictionary.com)
13 on: in connection, association, or cooperation with; as a part or element of (Dictionary.com)
14 registration: the act of registering: Photography. proper relationship between two plane surfaces in photography, as corresponding plates in photoengraving, wherein photography is defined: the process or art of producing images of objects on sensitized surfaces by the chemical action of light or of other forms of radiant energy, as x-rays, gamma rays, or cosmic rays. (Dictionary.com)
15 digital subtraction angiography: Computers, Medicine/Medical. a computerized x-ray technique in which arteries are visualized following injection of dye into a vein. DSA (Dictionary.com)
16 mapping: to represent or delineate on or as if on a map, wherein map is defined: Mathematics. function, wherein function is defined: a relationship in which an input value of a variable has a specifically calculated output value: for example, if the function of x is x 2 , the output will always be the square of whatever the value of x is. f, F (Dictionary.com)
17 MPEP 2106.04(d)(1) Evaluating Improvements in the Functioning of a Computer, or an Improvement to Any Other Technology or Technical Field in Step 2A Prong Two [R-10.2019], 2nd para, last S: “The claim itself does not need to explicitly recite the improvement described in the specification (e.g., "thereby increasing the bandwidth of the channel").”
18 “registration” in claim 7
19 “resulting in the minimum motion artifacts in the target subtracted image”, applicant’s disclosure [0094] last S
20 background: one's origin, education, experience, etc., in relation to one's present character, status, etc., wherein experience is defined: knowledge or practical wisdom gained from what one has observed, encountered, or undergone, wherein practical is defined: of or relating to practice or action, wherein practice is defined: custom, wherein custom is defined: convention, wherein convention is defined: conventionalism, wherein conventionalism is defined: adherence to or advocacy of conventional attitudes or practices (Dictionary.com)
21 MPEP 2131 Anticipation — Application of 35 U.S.C. 102 [R-08.2017] , 2nd para, penult S: The elements must be arranged as required by the claim, but this is not an ipsissimis verbis test, i.e., identity of terminology is not required. In re Bond, 910 F.2d 831, 15 USPQ2d 1566 (Fed. Cir. 1990).
22 digital subtraction angiography: Computers, Medicine/Medical. a computerized x-ray technique in which arteries are visualized following injection of dye into a vein. DSA (Dictionary.com)
23 -ing (of “comprising” of any “-ing” word in this claim set): a suffix of nouns formed from verbs, expressing the action of the verb or its result, product, material, etc. (the art of building; a new building; cotton wadding ), wherein etc. is defined: and others; and so forth; and so on (used to indicate that more of the same sort or class might have been mentioned, but for brevity have been omitted), wherein so is defined: likewise or correspondingly; also; too. (Dictionary.com)
24 DSA: Digital Subtraction Angiography, wherein Angiography is defined: x-ray examination of blood vessels or lymphatics following injection of a radiopaque substance, wherein examination is defined: the state of being examined., wherein examined is defined: to inspect or scrutinize carefully. (Dictionary.com)
25 This “wherein” clause gives meaning and purpose to the steps of claim 1: MPEP 2111.04 I. "ADAPTED TO," "ADAPTED FOR," "WHEREIN," and "WHEREBY"
26 -ing of determining: a suffix of nouns formed from verbs (determine), expressing the action of the verb (determine) or its (determine’s) result, product, material, etc. (the art of building; a new building; cotton wadding ). It is also used to form nouns from words other than verbs (offing; shirting ). Verbal nouns ending in -ing are often used attributively (the printing trade ) and in forming compounds (drinking song ). In some compounds (sewing machine ), the first element might reasonably be regarded as the participial adjective, -ing2, the compound thus meaning “a machine that sews,” but it is commonly taken as a verbal noun, the compound being explained as “a machine for sewing.”
27 The scope/range of the past-participle--“based”-- can focus or zoom-in on “determining” and/or “selected”
28 transformation: Mathematics. A) the act, process, or result of transforming or mapping. B) function., wherein function is defined: D) a relationship in which an input value of a variable has a specifically calculated output value: for example, if the function of x is x 2 , the output will always be the square of whatever the value of x is. f, F (Dictionary.com)
29 transformation: Mathematics. A) the act, process, or result of transforming or mapping. B) function., wherein function is defined: D) a relationship in which an input value of a variable has a specifically calculated output value: for example, if the function of x is x 2 , the output will always be the square of whatever the value of x is. f, F (Dictionary.com)
30 transformation: Mathematics. A) the act, process, or result of transforming or mapping. B) function., wherein function is defined: D) a relationship in which an input value of a variable has a specifically calculated output value: for example, if the function of x is x 2 , the output will always be the square of whatever the value of x is. f, F (Dictionary.com)
31 transformation: Mathematics. A) the act, process, or result of transforming or mapping. B) function., wherein function is defined: D) a relationship in which an input value of a variable has a specifically calculated output value: for example, if the function of x is x 2 , the output will always be the square of whatever the value of x is. f, F (Dictionary.com)
32 transformation: Mathematics. A) the act, process, or result of transforming or mapping. B) function., wherein function is defined: D) a relationship in which an input value of a variable has a specifically calculated output value: for example, if the function of x is x 2 , the output will always be the square of whatever the value of x is. f, F (Dictionary.com)
33 Applicant’s disclosure regarding dependent claim 19:
--[0194] Those of ordinary skill in the art can understand and implement the entire or partial processes described in the above embodiments by instructing relevant hardware through a computer program. The computer program can be stored in a non-transitory computer-readable storage medium. When executing the computer program, it may include the processes of the embodiments described above. In the various embodiments provided by this disclosure, any references to memory, databases, or other media can include at least one type of non-transitory and transitory memory. Non-transitory memory can include Read-Only Memory (ROM), magnetic tape, floppy disks, flash memory, optical memory, high-density embedded non-transitory memory, Resistive Random Access Memory (ReRAM), Magnetoresistive Random Access Memory (MRAM), Ferroelectric Random Access Memory (FRAM), Phase Change Memory (PCM), graphene memory, and so on. Transitory memory can include Random Access Memory (RAM) or external cache memory. As an illustration and not limitation, RAM can take various forms such as Static Random Access Memory (SRAM) or Dynamic Random Access Memory (DRAM). The databases involved in the various embodiments provided by this disclosure can include at least one type of relational database and non-relational database. Non-relational databases can include blockchain-based distributed databases, etc., not limited to this. The processors involved in the various embodiments provided by this disclosure can be general-purpose processors, central processors, graphics processors, digital signal processors, programmable logic devices, quantum computing-based data processing logic devices, etc., not limited to this.—
34 BROADEST REASONABLE INTERPRETATION in view of applicant’s disclosure’s [0194]: The claimed “A non-transitory computer-readable medium” can be equal to “transitory memory” which in turn can be equal to ”Random Access Memory (RAM) or external cache memory”, wherein memory is defined:
Also called storage. Also called computer memory,. Computers.
A. the capacity of a computer to store information subject to recall.
B. the components of the computer in which such information is stored (Dictionary.com) (this dictionary sense “B.” is “taken” via MPEP 2111,01 III, 4th para, 1st S, as the meaning of the disclosed “memory”).:
applicant’s disclosure does not have the word “capacity” and instead has “components” via applicant’s disclosure:
-- [0041] Those in the field can understand that FIG. 1 only shows part of the components related to the present disclosure, and does not constitute a limitation on the computer device that implements the solutions provided by the present disclosure. The computer device may include more or fewer components than shown in the figure, combine certain components, or have a different arrangement of components.--.
Thus sense “B. the components of the computer in which such information is stored” of memory is “taken” (MPEP 2111.01 III. "PLAIN MEANING" REFERS TO THE ORDINARY AND CUSTOMARY MEANING GIVEN TO THE TERM BY THOSE OF ORDINARY SKILL IN THE ART, 4th para: “Any meaning of a claim term taken from the prior art must be consistent with the use of the claim term in the specification and drawings.”) as the meaning of the disclosed “memory” of the disclosed “Transitory memory”. Thus interpreting the claimed “A non-transitory computer-readable medium” being the disclosed non-statutory “other media” (said [0194] 3rd S) is not the broadest reasonable interpretation in view of or consistent with applicant’s disclosure.
35 comprising: to include or contain, wherein contain is defined: to be equal to, wherein equal is defined: as great as; the same as (often followed by to or with ) (Dictionary.com)
36 transformation: Mathematics. A) the act, process, or result of transforming or mapping. B) function., wherein function is defined: D) a relationship in which an input value of a variable has a specifically calculated output value: for example, if the function of x is x 2 , the output will always be the square of whatever the value of x is. f, F (Dictionary.com)
37 transformation: Mathematics. A) the act, process, or result of transforming or mapping. B) function., wherein function is defined: D) a relationship in which an input value of a variable has a specifically calculated output value: for example, if the function of x is x 2 , the output will always be the square of whatever the value of x is. f, F (Dictionary.com)
38 transformation: Mathematics. A) the act, process, or result of transforming or mapping. B) function., wherein function is defined: D) a relationship in which an input value of a variable has a specifically calculated output value: for example, if the function of x is x 2 , the output will always be the square of whatever the value of x is. f, F (Dictionary.com)
39 transformation: Mathematics. A) the act, process, or result of transforming or mapping. B) function., wherein function is defined: D) a relationship in which an input value of a variable has a specifically calculated output value: for example, if the function of x is x 2 , the output will always be the square of whatever the value of x is. f, F (Dictionary.com)
40 BROADEST REASONABLE INTERPRETATION (BRI) (also see claim 19’s BRI): applicant’s disclosure [annotated]:
--[0194] Those of ordinary skill in the art can understand and implement the entire or partial processes described in the above embodiments by instructing relevant hardware through a computer program. The computer program can be stored in a non-transitory computer-readable storage medium. When executing the computer program, it may include the processes of the embodiments described above. In the various embodiments provided by this disclosure, any references to memory, databases, or other media [can encompass both a non-statutory signal and claim 20’s “ A non-transitory computer-readable medium”] can include at least one type of non-transitory and transitory memory [“what is this?” as one of skill in the art would reach]. Non-transitory memory can include Read-Only Memory (ROM), magnetic tape, floppy disks, flash memory, optical memory, high-density embedded non-transitory memory, Resistive Random Access Memory (ReRAM), Magnetoresistive Random Access Memory (MRAM), Ferroelectric Random Access Memory (FRAM), Phase Change Memory (PCM), graphene memory, and so on [these memories are statutory under 101 as one of skill in the art would reach). Transitory memory can include Random Access Memory (RAM) or external cache memory. As an illustration and not limitation, RAM can take various forms such as Static Random Access Memory (SRAM) or Dynamic Random Access Memory (DRAM). The databases involved in the various embodiments provided by this disclosure can include at least one type of relational database and non-relational database. Non-relational databases can include blockchain-based distributed databases, etc., not limited to this. The processors involved in the various embodiments provided by this disclosure can be general-purpose processors, central processors, graphics processors, digital signal processors, programmable logic devices, quantum computing-based data processing logic devices, etc., not limited to this.—wherein references NOUN is defined: an act or instance of referring, wherein refer is defined: refer to VERB PHRASE to relate to; apply to; mean or denote. (Dictionary.com)
41 In view of the above broadest reasonable interpretation footnote: If the claimed “non-transitory computer-readable medium” is not being any one of the disclosed possibilities (such as “Transitory memory” or “Random Access Memory (RAM) or external cache memory”) then what other possibilities can the claimed “non-transitory computer-readable medium” be to one of ordinary skill in the art in view of applicant’s disclosure under the broadest reasonable interpretation? Can the claimed “non-transitory computer-readable medium” reasonably be a signal? No it is not a signal via MPEP 2111 Claim Interpretation; Broadest Reasonable Interpretation [R-10.2019] CLAIMS MUST BE GIVEN THEIR BROADEST REASONABLE INTERPRETATION IN LIGHT OF THE SPECIFICATION, penult txt blk:
The broadest reasonable interpretation (already established above in footnote 34 regarding applicant’s paragraph [0194]) does not mean the broadest possible interpretation. Rather, the meaning given to a claim term (“A non-transitory computer-readable medium”) must be consistent with the ordinary and customary meaning of the term (unless the term has been given a special definition in the specification: Yes there is a special definition: The claimed “A non-transitory computer-readable medium” includes the disclosed “Transitory memory”), and must be consistent (Yes it is) with the use of the claim term (The claimed “A non-transitory computer-readable medium” includes the disclosed “Transitory memory”) in the specification (applicant’s disclosure paragraph: [0194]) and drawings. Further, the broadest reasonable interpretation of the claims must be consistent with the interpretation that those skilled in the art would reach (I would say that one of skill in the art would interpret that The claimed “A non-transitory computer-readable medium” can include the disclosed “Transitory memory” as essentially being Random Access Memory (defined via Dictionary.com: Short for random access memory. The main memory of a computer, in which data can be stored or retrieved from all locations at the same (usually very high) speed, wherein main memory is defined: Computers. program-addressable storage that is directly controlled by and generally contained in the CPU: except for cache storage, the fastest type of storage available to any computer system.) or can include cache memory (defined Dictionary.com: cache memory: computing a small area of memory in a computer that can be accessed very quickly, wherein cache is defined: Also called cache storage. Computers. a temporary storage space or memory that allows fast access to data, wherein temporary is defined: lasting only a short time; transitory) in view of the broadest reasonable interpretation, established in the footnote 34 regarding paragraph [0194] and in footnote 28 in rejection of claim 19 regarding “components” of applicant’s specification’s [0041]). In re Cortright, 165 F.3d 1353, 1359, 49 USPQ2d 1464, 1468 (Fed. Cir. 1999) (The Board’s construction of the claim limitation "restore hair growth" as requiring the hair to be returned to its original state was held to be an incorrect interpretation of the limitation. The court held that, consistent with applicant’s disclosure and the disclosure of three patents from analogous arts using the same phrase to require only some increase in hair growth, one of ordinary skill would construe "restore hair growth" to mean that the claimed method increases the amount of hair grown on the scalp, but does not necessarily produce a full head of hair.). Thus the focus of the inquiry regarding the meaning of a claim (The claimed “A non-transitory computer-readable medium” includes the disclosed “Transitory memory” means that the claimed non-transitory computer-readable medium can include (i.e., equal to) a transitory/temporary Random Access Memory inside the CPU or can include a transitory/temporal cache inside the computer in view of applicant’s disclosure) should be what would be reasonable from the perspective of one of ordinary skill in the art. In re Suitco Surface, Inc., 603 F.3d 1255, 1260, 94 USPQ2d 1640, 1644 (Fed. Cir. 2010); In re Buszard, 504 F.3d 1364, 84 USPQ2d 1749 (Fed. Cir. 2007). In Buszard, the claim was directed to a flame retardant composition comprising a flexible polyurethane foam reaction mixture. 504 F.3d at 1365, 84 USPQ2d at 1750. The Federal Circuit found that the Board’s interpretation that equated a "flexible" foam with a crushed "rigid" foam was not reasonable. Id. at 1367, 84 USPQ2d at 1751. Persuasive argument was presented that persons experienced in the field of polyurethane foams know that a flexible mixture is different than a rigid foam mixture. Id. at 1366, 84 USPQ2d at 1751.
Now that the BRI has been established for claims 19,20, 35 USC 101 will be applied to the claimed (claims 19 and 20) “A non-transitory computer-readable medium” via MPEP 2106.03 II. ELIGIBILITY STEP 1: WHETHER A CLAIM IS TO A STATUTORY CATEGORY
As described in MPEP § 2106, subsection III, Step 1 of the eligibility analysis asks: Is the claim to a process, machine, manufacture or composition of matter? Like the other steps in the eligibility analysis, evaluation of this step should be made after determining what the inventor has invented (the inventor invented new image registration, applicant’s disclosure [0002] , in the Photography or Printing technical fields) by reviewing the entire application disclosure and construing the claims-- (claims 19 and 20) “A non-transitory computer-readable medium”--in accordance with their broadest reasonable interpretation (BRI) [established in above footnotes for claims 19,20: the claimed “A non-transitory computer-readable medium” encompasses memory {e.g., RAM) and the disclosure is silent regarding whether the claimed “A non-transitory computer-readable medium” encompasses non-statutory signals such as disclosed in applicant’s disclosure ([0194] 4th S) as “other media”]. See MPEP § 2106, subsection II, for more information about the importance of understanding what has been invented (the inventor invented new image registration, applicant’s disclosure [0002], in the Photography or Printing technical fields), and MPEP § 2111 for more information about the BRI [established in above footnotes for claims 19,20: the claimed “A non-transitory computer-readable medium” encompasses memory {e.g., RAM) and the disclosure is silent regarding whether the claimed “A non-transitory computer-readable medium” encompasses non-statutory signals such as disclosed in applicant’s disclosure ([0194] 4th S) as “other media”].
In the context of the flowchart in MPEP § 2106, subsection III, Step 1 determines whether:
• The claim as a whole does not fall within any statutory category (Step 1: NO) and thus is non-statutory, warranting a rejection for failure to claim statutory subject matter; or
• The claim as a whole falls within one or more statutory categories (Step 1: YES), and thus must be further analyzed to determine whether it qualifies as eligible at Pathway A or requires further analysis at Step 2A to determine if the claim is directed to a judicial exception.
A [comprehensive] claim whose [comprehensive] BRI [established in above footnotes for claims 19,20: the claimed “A non-transitory computer-readable medium” encompasses memory (e.g., RAM) and the disclosure is silent regarding whether the claimed “A non-transitory computer-readable medium” encompasses non-statutory signals such as disclosed in applicant’s disclosure ([0194] 4th S) as “other media”] covers [i.e., to spread on or over; apply to. OR to extend over; encompass, wherein encompass is defined: to include comprehensively, wherein comprehensive ADJECTIVE is defined: of large scope; covering or involving much; inclusive, wherein scope is defined: Linguistics, Logic. the range of words or elements of an expression [i.e. applicant’s disclosure’s [0194]] over which a modifier [a patent examiner] or operator [or me] has control. (Dictionary.com)] both statutory and non-statutory embodiments [let me, the operator or modifier, take a look at the large scope of applicant’s [0194] (reproduced/annotated below) with respect to the disclosed “other media” and the disclosed “non-transitory computer-readable storage medium”) and embraces subject matter that is not eligible for patent protection and therefore is directed to non-statutory subject matter (after review of said [0194] (via the reproduced/annotated [0194] below) the claimed “A non-transitory computer-readable medium” does not embrace subject matter that is not eligible for patent protection and therefore is directed to statutory subject matter). Such claims fail the first step (Step 1: NO) and should be rejected under 35 U.S.C. 101, for at least this reason. In such a case, it is a best practice for the examiner to point out the BRI and recommend an amendment, if possible, that would narrow the claim to those embodiments that fall within a statutory category.
For example, the BRI of machine readable media can encompass non-statutory transitory forms of signal transmission, such as a propagating electrical or electromagnetic signal per se. See In re Nuijten, 500 F.3d 1346, 84 USPQ2d 1495 (Fed. Cir. 2007). When the BRI encompasses transitory forms of signal transmission, a rejection under 35 U.S.C. 101 as failing to claim statutory subject matter would be appropriate. Thus, a claim to a computer readable medium that can be a compact disc or a carrier wave covers a non-statutory embodiment and therefore should be rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter. See, e.g., Mentor Graphics v. EVE-USA, Inc., 851 F.3d at 1294-95, 112 USPQ2d at 1134 (claims to a "machine-readable medium" were non-statutory, because their scope encompassed both statutory random-access memory and non-statutory carrier waves)
42 Unsatisfied contingent limitation in method claim 9
43 MPEP 2111.04 II. CONTINGENT LIMITATIONS, last para: “Therefore "[t]he Examiner did not need to present evidence of the obviousness of the [ ] method steps of claim 1 that are not required to be performed under a broadest reasonable interpretation of the claim (e.g., instances in which the electrocardiac signal data is not within the threshold electrocardiac criteria such that the condition precedent for the determining step and the remaining steps of claim 1 has not been met);" however to render the claimed system obvious, the prior art must teach the structure that performs the function of the contingent step along with the other recited claim limitations. Schulhauser at 9, 14”
44 Unsatisfied contingent limitation in method claim 9
45 Unsatisfied contingent limitation in method claim 10
46 and: (used to connect [Markush] alternatives) (Dictionary.com)
47 Unsatisfied contingent limitation in method claim 10
48 filter (Cultural): A computer software program that selectively screens out incoming information, wherein culture is defined: The totality of socially transmitted behavior patterns, arts, beliefs, institutions, and all other products of human work and thought. Culture is learned and shared within social groups and is transmitted by nongenetic means. (Dictionary.com)
49 transformation: Mathematics. A) the act, process, or result of transforming or mapping. B) function., wherein function is defined: D) a relationship in which an input value of a variable has a specifically calculated output value: for example, if the function of x is x 2 , the output will always be the square of whatever the value of x is. f, F (Dictionary.com)
50 filter (Cultural): A computer software program that selectively screens out incoming information, wherein culture is defined: The totality of socially transmitted behavior patterns, arts, beliefs, institutions, and all other products of human work and thought. Culture is learned and shared within social groups and is transmitted by nongenetic means. (Dictionary.com)
51 as: in the role, function, or status of. (Dictionary.com)
52 This is an unsatisfied contingent limitation in method claim 2; thus, evidence of this contingency not need be shown under the broadest reasonable interpretation of claim 2.
53 filter (Cultural): A computer software program that selectively screens out incoming information, wherein culture is defined: The totality of socially transmitted behavior patterns, arts, beliefs, institutions, and all other products of human work and thought. Culture is learned and shared within social groups and is transmitted by nongenetic means. (Dictionary.com)
54 as: in the role, function, or status of (Dictionary.com)
55 transformation: Mathematics. A) the act, process, or result of transforming or mapping. B) function., wherein function is defined: D) a relationship in which an input value of a variable has a specifically calculated output value: for example, if the function of x is x 2 , the output will always be the square of whatever the value of x is. f, F (Dictionary.com)
56 current: new; present; most recent. (Dictionary.com)
57 threshold: a level or point at which something would happen, would cease to happen, or would take effect, become true, etc, wherein point is defined: a specific condition or degree (Dictionary.com)
58 Markush element follows: [(A) OR (not A)]
59 MPEP 2143.03 All Claim Limitations Must Be Considered [R-01.2024], 3rd para, 2nd S:--Language (“whether”) that suggests or makes a feature or step optional but does not require that feature or step does not limit the scope of a claim under the broadest reasonable claim interpretation. In addition, when a claim requires selection of an element [[(A) or (not A)] from a list of alternatives (A, not A), the prior art teaches the element [[(A) or (not A)] if one of the alternatives (A, not A) is taught by the prior art. See, e.g., Fresenius USA, Inc. v. Baxter Int’l, Inc., 582 F.3d 1288, 1298, 92 USPQ2d 1163, 1171 (Fed. Cir. 2009).--
60 “whether” indicates an implicit Markush element [A or not A] of Markush alternatives (A: determining each image block meets the preset condition) or (not A: not determining each image block meets the preset condition), wherein whether is defined: (used to introduce a single [Markush] alternative (A), the other [Markush alternative: not A] being implied or understood, or some clause or element not involving alternatives). See whether or not she has come. I doubt whether we can do any better (Dictionary.com)
61 Since Markush alternative A is taught, the implicit Markush element [(A) or (not A)] is taught.
62 This “selecting” limitation is Markush alternative: not A. Since the combination of YUE,Chen teaches Markush alternative (A), the Markush element [(A) or (not A)] is taught via said MPEP 2143.03, 3rd para, 2nd S. Thus, the combination teaches the Markush alternative-- not A-- of the implicit Markush element [(A) or (not A)].
63 pixel: any of a number of very small picture elements that make up a picture, as on a visual display unit (Dictionary.com)
64 image: a mental representation or picture (Dictionary.com)
65 point: maths a geometric element having no dimensions and whose position in space is located by means of its coordinates (Dictionary.com)
66 transformation: Mathematics. A) the act, process, or result of transforming or mapping. B) function., wherein function is defined: D) a relationship in which an input value of a variable has a specifically calculated output value: for example, if the function of x is x 2 , the output will always be the square of whatever the value of x is. f, F (Dictionary.com)
67 This is a satisfied contingent limitation in claim 2 regardless of the Markush element [(A) or (not A)]; thus, evidence of this contingency need be shown under the broadest reasonable interpretation of claim 3.
68 does: a third person singular present indicative of do. (Dictionary.com)
69 filter (Cultural): A computer software program that selectively screens out incoming information, wherein culture is defined: The totality of socially transmitted behavior patterns, arts, beliefs, institutions, and all other products of human work and thought. Culture is learned and shared within social groups and is transmitted by nongenetic means. (Dictionary.com)
70 filter (Cultural): A computer software program that selectively screens out incoming information, wherein culture is defined: The totality of socially transmitted behavior patterns, arts, beliefs, institutions, and all other products of human work and thought. Culture is learned and shared within social groups and is transmitted by nongenetic means. (Dictionary.com)
71 Contingent limitation
72 filter (Cultural): A computer software program that selectively screens out incoming information, wherein culture is defined: The totality of socially transmitted behavior patterns, arts, beliefs, institutions, and all other products of human work and thought. Culture is learned and shared within social groups and is transmitted by nongenetic means. (Dictionary.com)
73 preset: set in advance. (Dictionary.com)
74 divide: Mathematics. to separate into equal parts by the process of mathematical division; apply the mathematical process of division to, wherein division is defined: Arithmetic.,the operation inverse to multiplication; the finding of a quantity, the quotient, that when multiplied by a given quantity, the divisor, gives another given quantity, the dividend; the process of ascertaining how many times one number or quantity is contained in another, wherein ascertain is defined: determine, wherein determine is defined: to settle or decide (a dispute, question, etc.) by an authoritative or conclusive decision, wherein settle is defined: to place in a desired state or in order, wherein place is defined: to put or set in a particular place, position, situation, or relation (Dictionary.com)
75 sub- (of “sub-region”):A prefix that means “underneath or lower” (as in subsoil), “a subordinate or secondary part of something else” (as in subphylum.), or “less than completely” (as in subtropical.), wherein less is defined: smaller in size, amount, degree, etc.; not so large, great, or much. (Dictionary.com)
76 if: in case that; granting or supposing that; on condition that, wherein supposing is defined: to require logically; imply; presuppose. (Dictionary.com)
77 filter (Cultural): A computer software program that selectively screens out incoming information, wherein culture is defined: The totality of socially transmitted behavior patterns, arts, beliefs, institutions, and all other products of human work and thought. Culture is learned and shared within social groups and is transmitted by nongenetic means. (Dictionary.com)
78 candidate: a person or thing regarded as suitable or likely for a particular fate or position, wherein for is defined: in favour of; in support of (Dictionary.com)
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