Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 2, 4, 10, 14, 16, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al (US Patent Application Publication 2005/0169371) in view of Miaou et al Lossless Compression Method for Medical Image Sequences Using JPEG-LS and Interframe Coding (hereinafter Miaou) and Gokhale et al (US Patent Application Publication 2019/0045217).
With respect to claim 1, Lee discloses the claimed computer-implemented method for transferring a plurality of images by a transmitting apparatus comprising a transmitting apparatus interface and a transmitting apparatus computing unit (Figures 3 and 10, [17], [114], and [116] describe a video encoder having an interface and processor) to a receiving apparatus comprising a receiving apparatus interface and a receiving apparatus computing unit (Figures 9 and 10, [22], [109], [114], and [116] describe a video decoder having an interface and processor),
wherein the plurality of images comprises a temporal sequence (Figures 1 and 2, and [21] describe the images including a plurality of image frames),
wherein the plurality of images comprises at least one first image and one second image (Figures 1 and 2, and [21] describe the images including a plurality of image frames, including an original frame and a previous frame),
wherein the first image has been captured temporally before the second image (Figures 1 and 2, [21], and [51] describe the input being a sequence, showing each frame having an image captured temporally before it), the method comprising:
receiving the plurality of images with the transmitting apparatus interface (Figures 3 and 8, [21], and [50] describe a motion estimator within the encoder receiving the frames);
determining a first base image, dependent upon the at least one first image, with the transmitting apparatus computing unit ([53] and [102] describe encoding the keyframe);
transferring the first base image with the transmitting apparatus interface to the receiving apparatus interface ([19], [22], [32], [109], and [112] describe encoding keyframes and the decoding apparatus receiving those keyframes);
determining a first change information item, based on the at least one first image and the second image, with the transmitting apparatus computing unit ([21], [57], and [99] describe determining a motion vector between an original frame and a previous frame);
determining a first modified base image based on the first change information item and the first base image ([65] and [100] describe generating a motion compensation frame using the original frame and the motion vector);
checking at least one of the second image or the first modified base image, wherein the checking of the at least one of the second image or the first modified base image comprises applying a second function to at least one of the at least one first image or the second image, wherein it is determined whether the at least one of the at least one first image or the second image has an anomaly ([65] and [98]-[102] describe determining whether a difference between two adjacent frames and/or between the current frame and the motion compensation frame exceeds a threshold, where the second image is construed as having an anomaly if the difference exceeds the threshold. Examiner notes paragraph 123 of Applicant’s specification); and
transferring the second image with the transmitting apparatus interface to the receiving apparatus interface based on a result of the checking of the at least one of the second image or the first modified base image, wherein the transferring of the second image from the transmitting apparatus interface to the receiving apparatus interface is carried out if the at least one of the first image or the second image has an anomaly ([17], [98], and [102] describe designating the frame as a keyframe and encoding the original frame, i.e. the second frame itself is transmitted, if the difference exceeds the threshold);
but does not expressly disclose:
the plurality of images, first image, and second image being medical images;
the second function being a trained function.
However, Miaou teaches that it was old and well known in the art of video transmission before the effective filing date of the claimed invention to process a plurality of medical images, including first and second medical images, for transmission, including by determining change information based on the first and second images and creating determining modified base images (Figures 1 and 2, Abstract, §II(A), and §III(B) describe receiving a sequence of medical images, sending an encoded keyframe, determining a motion vector for a subsequent frame, and sending the motion vector and encoded difference image).
Therefore it would have been obvious to one of ordinary skill in the art of video transmission before the effective filing date of the claimed invention to modify the system of Lee to have the plurality of images, including the first and second images, be medical images as taught by Miaou since the claimed invention is only a combination of these old and well known elements which would have performed the same function in combination as each did separately. In the present case, Lee discloses the processing steps with respect to images regardless of the content of the images, and having the images contain medical content as taught by Miaou would serve that same function in Lee as in Miaou, making the results predictable to one of ordinary skill in the art (MPEP 2143).
Gokhale then further teaches that it was old and well known in the art of video transmission before the effective filing date of the claimed invention to apply a trained function to an image within a plurality of images to determine whether the image has an anomaly as part of transmission of the plurality of images (Figures 9, 11, 12, and 23, [99], [101], [121], [135], [138], [139], and [280]-[283] describe receiving a frame and applying a machine learning-based detector to determine whether a scene change has occurred, i.e. an anomaly, and transmits the frame as an I-frame if the frame has a scene change).
Therefore it would have been obvious to one of ordinary skill in the art of video transmission before the effective filing date of the claimed invention to modify the system of Lee to apply a trained function to an image within a plurality of images to determine whether the image has an anomaly as taught by Gokhale since the claimed invention is only a combination of these old and well known elements which would have performed the same function in combination as each did separately. In the present case Lee already discloses applying a function to determine whether a frame contains an anomaly, i.e. a scene change, and doing so using a trained function as taught by Gokhale would perform that same function in Lee, making the results predictable to one of ordinary skill in the art (MPEP 2143).
With respect to claim 2, Lee/Miaou/Gokhale teach the method as claimed in claim 1. Lee further discloses:
wherein the checking the at least one of the second image or the first modified base image comprises:
determining a first similarity value between the first modified base image and the second image and providing the first similarity value ([65], [98], [100], and [101] describe determining an average difference between the motion compensation frame and current frame);
but does not expressly disclose:
the second image being a second medical image.
However, Miaou teaches that it was old and well known in the art of video transmission before the effective filing date of the claimed invention to determine similarity values between medical images for purposes of transmission (Figure 1 and §II(A) describe transmitting an encoded current frame of a plurality of medical images if a correlation value, i.e. a similarity value, is below a threshold, and transmitting a motion vector and difference image if the correlation is greater than the threshold).
Therefore it would have been obvious to one of ordinary skill in the art of video transmission before the effective filing date of the claimed invention to modify the combination of Lee, Miaou, and Gokhale to have the second image be a medical image as taught by Miaou since the claimed invention is only a combination of these old and well known elements which would have performed the same function in combination as each did separately. In the present case, Lee, Miaou, and Gokhale already teach determining a first similarity value between the first modified base image and the second image and providing the first similarity value, and doing so for a medical image as taught by Miaou would serve that same function in Lee, Miaou, and Gokhale as in Miaou, making the results predictable to one of ordinary skill in the art (MPEP 2143).
With respect to claim 4, Lee/Miaou/Gokhale teach the method as claimed in claim 2. Lee further discloses:
wherein the determining the first modified base image, determining the first similarity value, and providing the first similarity value are carried out by the transmitting apparatus ([65], [98], [100], and [101] describe the encoder generating the motion compensation frame as well as determining and providing the first similarity value),
the method further comprising:
transferring the first change information item with the transmitting apparatus interface to the receiving apparatus interface if the first similarity value is less than or equal to a first threshold value ([101], [102], and [108] describe encoding the motion vector into the bitstream when the average difference is less than a threshold);
determining the first modified base image with the receiving apparatus computing unit if the first similarity value is less than or equal to the first threshold value (Figure 9 and [109]-[112] describe the decoder receiving the motion vector and generating the temporal residual frame and video sequence);
providing the first modified base image with the receiving apparatus interface if the first similarity value is greater than or equal to the first threshold value (Figure 9 shows the decoder providing the video sequence as an output); and
if the first similarity value is greater than the first threshold value,
determining a second base image based on the second image with the transmitting apparatus computing unit ([17], [98], and [102] describe designating the frame as a keyframe and encoding the original frame if the difference exceeds the threshold),
transferring the second base image with the transmitting apparatus interface to the receiving apparatus interface ([17], [98], and [102] describe designating the frame as a keyframe and encoding the original frame, i.e. the second frame itself is transmitted, if the difference exceeds the threshold), and
providing the second base image with the receiving apparatus interface (Figure 9 and [109]-[112] describe the decoder receiving keyframes and providing the video sequence as an output);
but does not expressly disclose:
the second image being a second medical image;
transferring the first change information item if the first similarity value is greater than or equal to the threshold, and transmitting the second base image if the first similarity value falls below the threshold.
However, Miaou teaches that it was old and well known in the art of video transmission before the effective filing date of the claimed invention to, for a plurality of medical images, transfer a change information item if a similarity value is greater than or equal to a threshold, and transmit a second base image if the first similarity value falls below the threshold (Figure 1 and §II(A) describe transmitting an encoded current frame of a plurality of medical images if a correlation value, i.e. a similarity value, is below a threshold, and transmitting a motion vector and difference image if the correlation is greater than the threshold).
Therefore it would have been obvious to one of ordinary skill in the art of video transmission before the effective filing date of the claimed invention to modify the combination of Lee, Miaou, and Gokhale to transfer a change information item if a similarity value is greater than or equal to a threshold, and transmit a second base image if the first similarity value falls below the threshold as taught by Miaou since the claimed invention is only a combination of these old and well known elements which would have performed the same function in combination as each did separately. In the present case, Lee, Miaou, and Gokhale already teach transferring either the keyframe data or motion vector data based on a comparison of a similarity value to a threshold, and transfer a change information item if a similarity value is greater than or equal to a threshold, and transmit a second base image if the first similarity value falls below the threshold as taught by Miaou would serve that same function in Lee, Miaou, and Gokhale as in Miaou, making the results predictable to one of ordinary skill in the art (MPEP 2143).
With respect to claim 10, Lee/Miaou/Gokhale teach the method as claimed in claim 1. Lee further discloses:
determining a similarity value between the first base image and the second image with the transmitting apparatus computing unit ([65], [98], [100], and [101] describe determining an average difference between adjacent frames);
if the similarity value is greater than a threshold value,
determining a second base image based on the second image with the transmitting apparatus computing unit ([17], [98], and [102] describe designating the frame as a keyframe and encoding the original frame if the difference exceeds the threshold),
transferring the second base image with the transmitting apparatus interface to the receiving apparatus interface ([17], [98], and [102] describe designating the frame as a keyframe and encoding the original frame, i.e. the second frame itself is transmitted, if the difference exceeds the threshold), and
providing the second base image with the receiving apparatus interface (Figure 9 and [109]-[112] describe the decoder receiving keyframes and providing the video sequence as an output); and
if the second similarity value is less than or equal to the second threshold value,
transferring the first change information item with the transmitting apparatus interface to the receiving apparatus interface ([101], [102], and [108] describe encoding the motion vector into the bitstream when the average difference is less than a threshold), wherein the modified first base image is determined with the receiving apparatus interface computing unit (Figure 9 and [109]-[112] describe the decoder receiving the motion vector and generating the temporal residual frame and video sequence), and
providing the modified first base image with the receiving apparatus interface (Figure 9 shows the decoder providing the video sequence as an output);
but does not expressly disclose:
the second image being a second medical image;
transmitting the second base image if the first similarity value falls below the threshold, and transferring the first change information item if the similarity value is greater than or equal to the threshold,
the similarity value being a second similarity value and the threshold value being a second threshold value.
However, Miaou teaches that it was old and well known in the art of video transmission before the effective filing date of the claimed invention to, for a plurality of medical images, transfer a change information item if a similarity value is greater than or equal to a threshold, and transmit a second medical base image if the first similarity value falls below the threshold (Figure 1 and §II(A) describe transmitting an encoded current frame of a plurality of medical images if a correlation value, i.e. a similarity value, is below a threshold, and transmitting a motion vector and difference image if the correlation is greater than the threshold).
Therefore it would have been obvious to one of ordinary skill in the art of video transmission before the effective filing date of the claimed invention to modify the combination of Lee, Miaou, and Gokhale to transfer a change information item if a similarity value is greater than or equal to a threshold, and transmit a second base image if the first similarity value falls below the threshold as taught by Miaou since the claimed invention is only a combination of these old and well known elements which would have performed the same function in combination as each did separately. In the present case, Lee, Miaou, and Gokhale already teach transferring either the keyframe data or motion vector data based on a comparison of a similarity value to a threshold, and transfer a change information item if a similarity value is greater than or equal to a threshold, and transmit a second base image if the first similarity value falls below the threshold as taught by Miaou would serve that same function in Lee, Miaou, and Gokhale as in Miaou, making the results predictable to one of ordinary skill in the art (MPEP 2143).
Furthermore, as cited above, Lee already discloses the above functions with respect to a similarity value and a threshold value. The similarity value being a second similarity value and the threshold value being a second threshold value only amounts to a duplication of parts, i.e. duplication of similarity values and threshold values given that no functional difference between the first and second similarity value and threshold value. Mere duplication of parts is not sufficient to distinguish over the prior art. See MPEP 2144.04(VI)(B).
With respect to claim 14, Lee/Miaou/Gokhale teach the method as claimed in claim 1, further comprising:
determining a similarity value between the first image and the second image with the transmitting apparatus computing unit ([65], [98], [100], and [101] describe determining an average difference between adjacent frames); and
providing the fourth similarity value with the transmitting apparatus interface if the fourth similarity value falls below a threshold value ([101], [102], and [108] describe encoding the motion vector into the bitstream when the average difference is less than a threshold);
but does not expressly disclose:
the first and second images being medical images;
the similarity value being a fourth similarity value and the threshold value being a fourth threshold value.
However, Miaou teaches that it was old and well known in the art of video transmission before the effective filing date of the claimed invention to determine similarity values between medical images for purposes of transmission (Figure 1 and §II(A) describe transmitting an encoded current frame of a plurality of medical images if a correlation value, i.e. a similarity value, is below a threshold, and transmitting a motion vector and difference image if the correlation is greater than the threshold).
Therefore it would have been obvious to one of ordinary skill in the art of video transmission before the effective filing date of the claimed invention to modify the combination of Lee, Miaou, and Gokhale to have the second image be a medical image as taught by Miaou since the claimed invention is only a combination of these old and well known elements which would have performed the same function in combination as each did separately. In the present case, Lee, Miaou, and Gokhale already teach determining a first similarity value between the first modified base image and the second image and providing the first similarity value, and doing so for a medical image as taught by Miaou would serve that same function in Lee, Miaou, and Gokhale as in Miaou, making the results predictable to one of ordinary skill in the art (MPEP 2143).
Furthermore, as cited above, Lee already discloses the above functions with respect to a similarity value and a threshold value. The similarity value being a fourth similarity value and the threshold value being a fourth threshold value only amounts to a duplication of parts, i.e. duplication of similarity values and threshold values given that no functional difference between the first and fourth similarity value and threshold value. Mere duplication of parts is not sufficient to distinguish over the prior art. See MPEP 2144.04(VI)(B).
With respect to claim 16, Lee discloses the claimed transfer system comprising:
a receiving apparatus including a receiving apparatus interface and a receiving apparatus computing unit (Figures 9 and 10, [22], [109], [114], and [116] describe a video decoder having an interface and processor); and
a transmitting apparatus (Figures 3 and 10, [17], [114], and [116] describe a video encoder having an interface and processor).
With respect to the transmitting apparatus and the receiving apparatus being configured to carry out the method as claimed in claim 1, while Lee does not disclose the entire method as claimed in claim 1, Examiner refers to the rejection of claim 1 above citing the combination of Lee, Miaou, and Gokhale as teaching the method of claim 1.
With respect to claim 17, Lee discloses the claimed non-transitory computer-readable medium including instructions which, when executed by a processor of a computer device ([114], [116], and [117]), cause performance of a method for transferring a plurality of images by a transmitting apparatus comprising a transmitting apparatus interface and a transmitting apparatus computing unit (Figures 3 and 10, [17], [114], and [116] describe a video encoder having an interface and processor) to a receiving apparatus comprising a receiving apparatus interface and a receiving apparatus computing unit (Figures 9 and 10, [22], [109], [114], and [116] describe a video decoder having an interface and processor),
wherein the plurality of images comprises a temporal sequence (Figures 1 and 2, and [21] describe the images including a plurality of image frames),
wherein the plurality of images comprises at least one first image and one second image (Figures 1 and 2, and [21] describe the images including a plurality of image frames, including an original frame and a previous frame),
wherein the first image has been captured temporally before the second image (Figures 1 and 2, [21], and [51] describe the input being a sequence, showing each frame having an image captured temporally before it), the method comprising:
receiving the plurality of images with the transmitting apparatus interface (Figures 3 and 8, [21], and [50] describe a motion estimator within the encoder receiving the frames);
determining a first base image, dependent upon the at least one first image, with the transmitting apparatus computing unit ([53] and [102] describe encoding the keyframe);
transferring the first base image with the transmitting apparatus interface to the receiving apparatus interface ([19], [22], [32], [109], and [112] describe encoding keyframes and the decoding apparatus receiving those keyframes);
determining a first change information item, based on the at least one first image and the second image, with the transmitting apparatus computing unit ([21], [57], and [99] describe determining a motion vector between an original frame and a previous frame);
determining a first modified base image based on the first change information item and the first base image ([65] and [100] describe generating a motion compensation frame using the original frame and the motion vector);
checking at least one of the second image or the first modified base image, wherein the checking of the at least one of the second image or the first modified base image comprises applying a second function to at least one of the at least one first image or the second image, wherein it is determined whether the at least one of the at least one first image or the second image has an anomaly ([65] and [98]-[102] describe determining whether a difference between two adjacent frames and/or between the current frame and the motion compensation frame exceeds a threshold, where the second image is construed as having an anomaly if the difference exceeds the threshold. Examiner notes paragraph 123 of Applicant’s specification); and
transferring the second image with the transmitting apparatus interface to the receiving apparatus interface based on a result of the checking of the at least one of the second image or the first modified base image, wherein the transferring of the second image from the transmitting apparatus interface to the receiving apparatus interface is carried out if the at least one of the first image or the second image has an anomaly ([17], [98], and [102] describe designating the frame as a keyframe and encoding the original frame, i.e. the second frame itself is transmitted, if the difference exceeds the threshold);
but does not expressly disclose:
the plurality of images, first image, and second image being medical images;
the second function being a trained function.
However, Miaou teaches that it was old and well known in the art of video transmission before the effective filing date of the claimed invention to process a plurality of medical images, including first and second medical images, for transmission, including by determining change information based on the first and second images and creating determining modified base images (Figures 1 and 3, Abstract, §II(A), and §III(B) describe receiving a sequence of medical images, sending an encoded keyframe, determining a motion vector for a subsequent frame, and sending the motion vector and encoded difference image).
Therefore it would have been obvious to one of ordinary skill in the art of video transmission before the effective filing date of the claimed invention to modify the system of Lee to have the plurality of images, including the first and second images, be medical images as taught by Miaou since the claimed invention is only a combination of these old and well known elements which would have performed the same function in combination as each did separately. In the present case, Lee discloses the processing steps with respect to images regardless of the content of the images, and having the images contain medical content as taught by Miaou would serve that same function in Lee as in Miaou, making the results predictable to one of ordinary skill in the art (MPEP 2143).
Gokhale then further teaches that it was old and well known in the art of video transmission before the effective filing date of the claimed invention to apply a trained function to an image within a plurality of images to determine whether the image has an anomaly as part of transmission of the plurality of images (Figures 9, 11, 12, and 23, [99], [101], [121], [135], [138], [139], and [280]-[283] describe receiving a frame and applying a machine learning-based detector to determine whether a scene change has occurred, i.e. an anomaly, and transmits the frame as an I-frame if the frame has a scene change).
Therefore it would have been obvious to one of ordinary skill in the art of video transmission before the effective filing date of the claimed invention to modify the system of Lee to apply a trained function to an image within a plurality of images to determine whether the image has an anomaly as taught by Gokhale since the claimed invention is only a combination of these old and well known elements which would have performed the same function in combination as each did separately. In the present case Lee already discloses applying a function to determine whether a frame contains an anomaly, i.e. a scene change, and doing so using a trained function as taught by Gokhale would perform that same function in Lee, making the results predictable to one of ordinary skill in the art (MPEP 2143).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM G LULTSCHIK whose telephone number is (571)272-3780. The examiner can normally be reached 9am - 5pm.
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/Gregory Lultschik/Examiner, Art Unit 3682
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