DETAILED ACTION
Priority
1. Receipt is acknowledged of papers submitted under 35 U.S.C. 119 (a) — (d), which papers have been placed of record in the file. Oath/Declaration
Oath/Declaration
2. Oath and declaration filed on 11/14/2023 is accepted.
Information Disclosure Statement
3. The prior art documents submitted by application in the Information Disclosure Statement filed on 11/14/2023 and 5/22/2025 have all been considered and made of record (note the attached copy of form PTO – 1449).
Claim Rejections - 35 USC § 102
4. 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)(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) 1,2,11 and 12 are rejected under 35 U.S.C. 102 (a) (2) as being anticipated by Sasaki et al (2022/0087524 A1).
Regarding claim 1, Sasaki et al discloses (refer to figure 1 ,2A,2B) an eye movement analysis method (1) (paragraph 0063) performed in an eye movement analysis apparatus, the eye movement analysis method comprising: (a) receiving a facial image (shown in figure 1 , facial image ) ; (b) determining a midpoint position of an eye in the facial image and obtaining an eye image that corresponds to the eye (i.e., determine a midpoint position of an eye in the facial position analysis shown in paragraph 0084, the acquisition unit 11 acquires the actual size D1 [mm] of the diameter of the comparison target M. The actual size D1 [mm] is, for example, 5 [mm] to 10 [mm] and paragraph 0086, Further, the diameter of the comparison target M on the moving image at the time t11 captured by the image capturing unit 13 is D11 [pixel]. Further, the distance between the center (area centroid) RP11 of the pupil RP of the right eye R of the subject SB and the center (area centroid) M11 of the comparison target M on the moving image at the time t11 captured by the image capturing unit 13 is L11 [pixel] and paragraph 0086, Further, the diameter of the comparison target M on the moving image at the time t12 captured by the image capturing unit 13 is D12 [pixel]. Further, the distance between the center (area centroid) RP12 of the pupil RP of the right eye R of the subject SB and the center (area centroid) M12 of the comparison target M on the moving image at the time t12 captured by the image capturing unit 13 is L12 [pixel] and paragraph 0087 , In the examples shown in FIGS. 4A and 4B, the analysis unit 14 analyzes the movement of the eyeball of the right eye R of the subject SB, based on the actual size D1 [mm] of the diameter of the comparison target M acquired by the acquisition unit 11, the diameters D11 [pixel] and D12 [pixel] of the comparison target M on the moving image captured by the image capturing unit 13, and the distances L11 [pixel] and L12 [pixel] between the centers (area centroids) RP11 and RP12 of the pupil RP of the right eye R of the subject SB and the centers (area centroid) M11 and M12 of the comparison target M on the moving image captured by the image capturing unit 13.
Specifically, the analysis unit 14 calculates the actual distance (paragraph 0088) (L11 [pixel]×D1 [mm]/D11 [pixel]) between the center (area centroid) RP11 of the pupil RP of the right eye R of the subject SB and the center (area centroid) M11 of the comparison target M at the time t11 and paragraph 0089, Further, the analysis unit 14 calculates the actual distance (L12 [pixel]×D1[mm]/D12 [pixel]) between the center (area centroid) RP12 of the pupil l RP of the right eye R of the subject SB and the center (area centroid) M12 of the comparison target M at the time t12., paragraph 0090, Further, the analysis unit 14 further calculates, for example, the actual movement amount and paragraph 0091, Further, the analysis unit 14 further calculates, for example, the actual movement speed L12 [pixel]×D1[mm]/D12[pixel]−L11 [pixel]×D1 [mm]/D11[pixel])/(t12-t11)) of the center (area centroid) of the pupil RP of the right eye R of the subject SB during the period from time t11 to time t12 and paragraph 0092, By performing such an operation, the analysis unit 14 analysis the movement of the eyeball of the right eye R of the subject SB (for example, the movement amount (amplitude) and the movement speed.
(c) analyzing movement of the eye (i.e., analysis unit 14) (paragraph 0087) based on movement of the midpoint position in the facial image; and (d) visually displaying (15) (paragraph 0074) a direction of the movement of the eye.
Regarding claim 2, Sasaki et al discloses (figures 4A and 4B) wherein step (b) includes: detecting a pupil object through image segmentation in the facial image; and searching for the midpoint position of the eye by calculating a central moment of the pupil object based on the detected pupil object the analysis unit 14 analyzes the movement of the eyeball of the right eye R of the subject SB, based on the actual size D1 [mm] of the diameter of the comparison target M acquired by the acquisition unit 11, the diameters D11 [pixel] and D12 [pixel] of the comparison target M on the moving image captured by the image capturing unit 13, and the distances L11 [pixel] and L12 [pixel] between the centers (area centroids) RP11 and RP12 of the pupil RP of the right eye R of the subject SB and the centers (area centroid) M11 and M12 of the comparison target M on the moving image captured by the image capturing unit 13.
Specifically, the analysis unit 14 calculates the actual distance (paragraph 0088) (L11 [pixel]×D1 [mm]/D11 [pixel]) between the center (area centroid) RP11 of the pupil RP of the right eye R of the subject SB and the center (area centroid) M11 of the comparison target M at the time t11 and paragraph 0089, Further, the analysis unit 14 calculates the actual distance (L12 [pixel]×D1[mm]/D12 [pixel]) between the center (area centroid) RP12 of the pupil l RP of the right eye R of the subject SB and the center (area centroid) M12 of the comparison target M at the time t12., paragraph 0090, Further, the analysis unit 14 further calculates, for example, the actual movement amount and paragraph 0091, Further, the analysis unit 14 further calculates, for example, the actual movement speed.
Regarding claim 11, Sasaki et al discloses (refer to figure 1 ,2A,2B) an eye movement analysis apparatus (1) (paragraph 0063) comprising: a facial image receiver configured to receive a facial image(shown in figure 1 , facial image ); an eye image obtainer configured to obtain an eye image that corresponds to a part of an eye that determines a midpoint position of the eye in the facial image eye (i.e., paragraph ,0084, the acquisition unit 11 acquires the actual size D1 [mm] of the diameter of the comparison target M. The actual size D1 [mm] is, for example, 5 [mm] to 10 [mm] and paragraph 0086, Further, the diameter of the comparison target M on the moving image at the time t11 captured by the image capturing unit 13 is D11 [pixel]. Further, the distance between the center (area centroid) RP11 of the pupil RP of the right eye R of the subject SB and the center (area centroid) M11 of the comparison target M on the moving image at the time t11 captured by the image capturing unit 13 is L11 [pixel] and paragraph 0086, Further, the diameter of the comparison target M on the moving image at the time t12 captured by the image capturing unit 13 is D12 [pixel]. Further, the distance between the center (area centroid) RP12 of the pupil RP of the right eye R of the subject SB and the center (area centroid) M12 of the comparison target M on the moving image at the time t12 captured by the image capturing unit 13 is L12 [pixel] and paragraph 0087 , In the examples shown in FIGS. 4A and 4B, the analysis unit 14 analyzes the movement of the eyeball of the right eye R of the subject SB, based on the actual size D1 [mm] of the diameter of the comparison target M acquired by the acquisition unit 11, the diameters D11 [pixel] and D12 [pixel] of the comparison target M on the moving image captured by the image capturing unit 13, and the distances L11 [pixel] and L12 [pixel] between the centers (area centroids) RP11 and RP12 of the pupil RP of the right eye R of the subject SB and the centers (area centroid) M11 and M12 of the comparison target M on the moving image captured by the image capturing unit 13.
Specifically, the analysis unit 14 calculates the actual distance (paragraph 0088) (L11 [pixel]×D1 [mm]/D11 [pixel]) between the center (area centroid) RP11 of the pupil RP of the right eye R of the subject SB and the center (area centroid) M11 of the comparison target M at the time t11 and paragraph 0089, Further, the analysis unit 14 calculates the actual distance (L12 [pixel]×D1[mm]/D12 [pixel]) between the center (area centroid) RP12 of the pupil l RP of the right eye R of the subject SB and the center (area centroid) M12 of the comparison target M at the time t12., paragraph 0090, Further, the analysis unit 14 further calculates, for example, the actual movement amount and paragraph 0091, Further, the analysis unit 14 further calculates, for example, the actual movement speed L12 [pixel]×D1[mm]/D12[pixel]−L11 [pixel]×D1 [mm]/D11[pixel])/(t12-t11)) of the center (area centroid) of the pupil RP of the right eye R of the subject SB during the period from time t11 to time t12 and paragraph 0092, By performing such an operation, the analysis unit 14 analysis the movement of the eyeball of the right eye R of the subject SB (for example, the movement amount (amplitude) and the movement speed.
; an eye movement analyzer (i.e., analysis unit 14) (paragraph 0087) configured to analyze movement of the eye based on movement of the midpoint position in the eye image; and an analysis result out putter (105) configured to visually display a direction of the movement of the eye.
Regarding claim 12, Sasaki et al discloses a computer program stored in a computer-readable medium, wherein, in a case in which a command of the computer program is executed, the eye movement analysis method (paragraph 0249).
Allowable Subject Matter
5. Claims 3-10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
6. The following is a statement of reasons for the indication of allowable subject matter: wherein step (c) includes: detecting blinking of the eye in the facial image using an artificial intelligence model and classifying the blinking of the eye into an open state, a closing state, and a closed state; extracting images classified as the open state and the closing state, among the classifications of the blinking of the eye, from the facial image; predicting a midpoint position of the closing state, among the classifications of the blinking of the eye, in the facial image by restoring a part of the eye that is covered by an eyelid; and interpolating a midpoint position of the closed state, among the classifications of the blinking of the eye, in the facial image based on a midpoint position of the closing state prior to the closed state and a midpoint position of the open state after the closed state and further step (c) includes: detecting an eye movement consisting of a slow component and a quick component among vertical, horizontal, and rotary movements of the eye from the extracted image; and detecting an eye movement consisting of only the slow component or an eye movement consisting of only the quick component among the vertical, horizontal, and rotary movements of the eye from the extracted image, wherein the rotary movement is defined as a movement in which the vertical and horizontal movements of the eye simultaneously occur in the extracted image.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED A HASAN whose telephone number is (571)272-2331. The examiner can normally be reached M-TH 6 AM -4 PM.
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/MOHAMMED A HASAN/Primary Examiner, Art Unit 2872 12/11/2025