DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claims 16 and 23-25 are objected to because of the following informalities:
Claim 16, line 4: “the compressed image” should read --the compressed image data--
Claim 23, line 7: “the compressed image” should read --the compressed image data--
Claim 24, line 5: “the compressed image” should read --the compressed image data—
Claim 25, line 10: “devise” should read --device--
Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 16-18 and 20-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bandic (WO 2011106792).
Regarding claim 16, Bandic teaches a method being performed by a computer, the method comprising: acquiring compressed image data obtained by compressing image information (Paragraph [00733]) regarding part of a user's body for four or more wavelength bands into one image (Paragraph [00749]); generating, on the basis of the compressed image, a RGB image including a pixel value corresponding to a wavelength band of red light, a pixel value corresponding to a wavelength band of green light, and a pixel value corresponding to a wavelength band of blue light (Paragraphs [0073], [00431]-[00432]); causing a display device to display the RGB image (Paragraph [00314]); determining an evaluation region (skin state 158 may encompass data on lesions, infection, sunburn, moisture, wrinkles, pores, elasticity, luminosity) in the RGB image on the basis of an input (112) from the user (Paragraphs [00376], [00380], [00384], [00388]); generating, based on the compressed image data, partial-image data corresponding to at least one wavelength band among the four or more wavelength bands (Paragraph [00386] using algorithm 150, spectroscopic data may be divided into spatio-temporal cells and analyzed as multi-fractal objects), the partial-image data corresponding to the part of the user's body , the partial-image data including data corresponding to the evaluation region (Paragraph [00388]); and generating, on the basis of the partial-image data, evaluation data indicating an evaluation result of skin condition in the evaluation region. (Paragraph [00388]).
Regarding claim 17, Bandic teaches determining a base region (i.e., healthy skin) located at a different position from the evaluation region (i.e., malignant skin) in the RGB image, wherein the evaluation result includes a comparison result between the skin condition in the evaluation region and skin condition in the base region. (Paragraphs [0404], [0415], [0417]; Fig. 54).
Regarding claim 18, Bandic teaches treating the skin condition in the evaluation region as current skin condition in the evaluation region (Paragraph [0417] a user may use a device 108 embodied in a mobile device to capture an image of the skin and upload it to a mobile platform 124 for analysis 154 to determine a skin state 158); and acquiring data indicating past skin condition in the evaluation region, wherein the evaluation result includes a comparison result between the current skin condition in the evaluation region and the past skin condition in the evaluation region. (Paragraph [0417] using the algorithm 150, a user's skin state 158 may be compared to a previously defined skin state 158 in order to monitor the skin state 158 over time).
Regarding claim 20, Bandic teaches causing the display device to display a graphical user interface for the user to specify the evaluation region. (Paragraph [0363]).
Regarding claim 21, Bandic teaches wherein the skin condition is a state of a blemish. (Paragraph [00290] acne condition assessment).
Regarding claim 23, Bandic teaches a processing apparatus comprising: a processor (Paragraph [00299] host system 104, algorithm 150, analysis facility 154); and a memory (Paragraph [00308], memory 168) in which a computer program that the processor executes is stored, wherein the computer program causes the processor to perform: acquiring compressed image data obtained by compressing image information (Paragraph [00733]) regarding part of a user's body for four or more wavelength bands into one image, (Paragraph [00749]), generating, on the basis of the compressed image, a RGB image including a pixel value corresponding to a wavelength band of red light, a pixel value corresponding to a wavelength band of green light, and a pixel value corresponding to a wavelength band of blue light (Paragraphs [0073], [00431]-[00432]), causing a display device to display the RGB image, (Paragraph [0314]), determining an evaluation region (skin state 158 may encompass data on lesions, infection, sunburn, moisture, wrinkles, pores, elasticity, luminosity)in the RGB image on the basis of an input (112) from the user, generating, based on the compressed image data, partial-image data corresponding to at least one wavelength band among the four or more wavelength bands (Paragraph [00386] using algorithm 150, spectroscopic data may be divided into spatio-temporal cells and analyzed as multi-fractal objects), the partial-image data corresponding to the part of the user's body, the partial-image data including data corresponding to the evaluation region, (Paragraph [00388]), and generating, on the basis of the partial-image data, evaluation data indicating an evaluation result of skin condition in the evaluation region. (Paragraph [00388]).
Regarding claim 24, Bandic teaches a recording medium, which is non-volatile and computer readable and contains a program for causing a computer to perform a method, (Paragraph [001638]), the method comprising: acquiring compressed image data obtained by compressing image information (Paragraph [00733]) regarding part of a user's body for four or more wavelength bands into one image, (Paragraph [00749]), generating, on the basis of the compressed image, a RGB image including a pixel value corresponding to a wavelength band of red light, a pixel value corresponding to a wavelength band of green light, and a pixel value corresponding to a wavelength band of blue light (Paragraphs [0073], [00431]-[00432]), causing a display device to display the RGB image, (Paragraph [0314]), determining an evaluation region (skin state 158 may encompass data on lesions, infection, sunburn, moisture, wrinkles, pores, elasticity, luminosity)in the RGB image on the basis of an input (112) from the user, generating, based on the compressed image data, partial-image data corresponding to at least one wavelength band among the four or more wavelength bands (Paragraph [00386] using algorithm 150, spectroscopic data may be divided into spatio-temporal cells and analyzed as multi-fractal objects), the partial-image data corresponding to the part of the user's body, the partial-image data including data corresponding to the evaluation region, (Paragraph [00388]), and generating, on the basis of the partial-image data, evaluation data indicating an evaluation result of skin condition in the evaluation region. (Paragraph [00388]).
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.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Bandic in view of Cote (US 20150296193).
Regarding claim 19, Bandic does not teach wherein “the compressed image data is acquired by imaging the part of the user's body through a filter array, the filter array has filters arranged two-dimensionally, transmission spectra of at least two or more filters among the filters are different from each other, the generating the partial-image data includes generating the partial-image data using at least one reconstruction table corresponding to the at least one wavelength band, and the reconstruction table indicates a spatial distribution of luminous transmittance of each wavelength band for the filter array in the evaluation region.”
Cote, in a related field of endeavor, teaches a system for processing image data in RGB format wherein the compressed image data is acquired by imaging the part of the user's body through a filter array, the filter array has filters arranged two-dimensionally, transmission spectra of at least two or more filters among the filters are different from each other, (Fig. 2; Paragraphs [0228]-[0229], [0404), the generating the partial-image data includes generating the partial-image data using at least one reconstruction table corresponding to the at least one wavelength band (Fig. 49; Paragraph [0354] lookup tables 496a or 496b for each raw input pixel color component) the reconstruction table indicates a spatial distribution of luminous transmittance of each wavelength band for the filter array in the evaluation region (Figs. 54-55; Paragraphs [0373]-[0374] three-dimensional profile 580 and photograph 586 depicting light intensity versus pixel position; lens shading correction gains may be specified as a two-dimensional grid of gains per color channel (e.g., Gr, R, B, Gb for a Bayer filter)).
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Bandic to teach “the compressed image data is acquired by imaging the part of the user's body through a filter array, the filter array has filters arranged two-dimensionally, transmission spectra of at least two or more filters among the filters are different from each other, the generating the partial-image data includes generating the partial-image data using at least one reconstruction table corresponding to the at least one wavelength band, and the reconstruction table indicates a spatial distribution of luminous transmittance of each wavelength band for the filter array in the evaluation region” as taught by Cote. Doing so improves the quality of the processed image data in RGB format.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Bandic in view of Cotton (US 20080319283).
Regarding claim 22, Bandic does not teach “wherein the at least one wavelength band corresponds to a wavelength of 550 nm or a wavelength of 650 nm”.
Cotton, in a related field of endeavor, teaches an apparatus for measuring skin texture comprising a digital camera operable to obtain red images of light with wavelengths of approximately 650 nm. (Paragraph [0017]).
As a result, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Bandic to teach “wherein the at least one wavelength band corresponds to a wavelength of 650 nm”. Doing so obtains the red images of light when measuring skin texture. (Paragraph [0017]).
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Bandic.
Regarding claim 25, Bandic teaches a method being performed by a computer, (Paragraph [001638]) the method comprising: acquiring image data concerning part of a user's body (Paragraph [00733]) and including information for four or more wavelength bands (Paragraph [00749]); determining an evaluation region (skin state 158 may encompass data on lesions, infection, sunburn, moisture, wrinkles, pores, elasticity, luminosity) in an image indicating the part of the user's body on the basis of an input (112) from the user (Paragraphs [00376], [00380], [00384], [00388]); generating, based on the image data, data indicating current skin condition in the evaluation region (Paragraph [00376], Paragraph [0417]); acquiring data indicating past skin condition in the evaluation region (Paragraph [0417] using the algorithm 150, a user's skin state 158 may be compared to a previously defined skin state 158 in order to monitor the skin state 158 over time); generating information including a diagram (Paragraph [00314] The device 108 may have a display for viewing the area to be imaged. For example, a user may use the display with positioning tools to obtain exact images over time (Paragraph [00371]); and causing a display device to display the information, (See Fig. 57 an embodiment of a user interface for visualizing a melanocytic lesion), wherein the diagram includes first areas corresponding to first densities of blemishes in the current skin condition, the first densities being different from each other, (Fig. 56, pseudo normal skin 5604), the first areas include a second area (Fig. 56, melanoma 5602).
Although, Bandic does not explicitly teach that the “diagram indicates densities of blemishes in the past and the current skin conditions in the second area are different from each other”, Bandic teaches in some embodiments, the skin condition assessment data of locations may be overlaid on an image of a larger skin region displayed on the display surface, providing a useful picture of the health of the entire skin region in a single view (Paragraph [00331]) and that the skin condition of the user may be tracked at different points of time and may be displayed to the user on a display surface. (Paragraphs [00339], [0415]).
As a result, it would have been obvious to one of ordinary skill in the art to have modified Bandic to further provide that “the diagram indicates densities of blemishes in the past and the current skin conditions in the second area are different from each other”. Doing so allows tracking of progress or decline of a skin's health or medical condition over time. (Paragraphs [00339], [0415]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Om A. Patel whose telephone number is (571)272-6331. The examiner can normally be reached Monday - Friday 8 a.m. - 5 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Robertson can be reached at (571) 272-5001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OM PATEL/Examiner, Art Unit 3791
/JENNIFER ROBERTSON/Supervisory Patent Examiner, Art Unit 3791