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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “image processing unit” in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “the captured image that can most clearly identify a boundary between the target portion”. Most clearly is a relative term of degree, without an objective standard. Incorporating claim 6 into claim 1 would overcome this rejection.
Claim 1 last limitation recites ” the captured images”, but the claim appears to only capture a single image. Claim 2 explicitly recites two captured images
Claim 3 recites “wherein a difference in a transmittance between the first wavelength component and the second wavelength component in the target portion is larger than a difference in a transmittance between the first wavelength component and the second wavelength component in a portion excluding the target portion.”. It is not clear what applicant is attempting to claim. The difference between the first and second wavelengths should be consistent.
Claim 4 recites “the captured image”, but claim 2 which it depends upon has two captured images. Therefore it is not clear which captured image it is referring to or if it is referring to claim 1..
Claims 2-12 are rejected as dependent upon a rejected claim.
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.
Claim 1-3, 5-6 and 9 is rejected under 35 U.S.C. 101 because the claimed invention is directed to abstract idea (mental process) without significantly more. The claim(s) recite(s) :
Claim 1 :
“a light source configured to irradiate the biological sample with light; an imaging device configured to generate a two-dimensional captured image of the biological sample by using the light transmitted through the biological sample; and”, which are directed to an additional element with is Simply appending well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception (see MPEP § 2106.05(d)); as well as Adding insignificant extra-solution activity to the judicial exception, e.g., mere data gathering in conjunction with a law of nature or abstract idea (see MPEP § 2106.05(g))
“an image processing unit configured to specify a target portion as a measurement target in the component region from the captured image, “ which is directed to a mental process, for example a person can mentally specify (select) a target portion of a measurement target from an image.
“wherein the image processing unit specifies the target portion by using the captured image generated by using each of two wavelength components emitted by the light source, “, which further defines the mental process. The each of two wavelength components is conventional in art. For example a lightbulb emits wavelength including, but not limited to, 400-700nm, whereas the sun emits radiation from gamma frays to infrared rays
“the light source is configured to irradiate at least two of the component regions with the light at a same time, “, which further limits an additional element. Using the example above a person could stand outside in the sun(light source) and holding the sample (which is entirely irradiated by the sun) identify(specify) a portion of the sample)
“the imaging device generates the captured image by using at least one of two or more exposure times or two or more gains, and “ which further limits the data gathering step is not considered as significantly more.
“the image processing unit selects, as an image of the biological sample to be used for the measurement, the captured image that can most clearly identify a boundary between the target portion and other portions by comparing the captured images generated by using the two or more exposure times or the two or more gains.”; , which is directed to a mental process of selecting the best image from one or more (??? see 112 2nd rejection) images.
This judicial exception is not integrated into a practical application. As outlined above, The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception. The image processing unit is an additional element, which is akin to Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, e.g., a limitation indicating that a particular function such as creating and maintaining electronic records is performed by a computer, as discussed in Alice Corp., 573 U.S. at 225-26, 110 USPQ2d at 1984 (see MPEP § 2106.05(f));
Claims 2-3, 5-6 and 9 are rejected as dependent on a rejected claim and being directed to the abstract idea and/or additional element without significantly more.
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)(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.
Claim(s) 1-3, 9-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wissman (PGPub 2019/0041318).
Wissmann discloses [Claim 1] A biological sample measurement device that measures a biological sample separated into a plurality of component regions (Wissmann,Fig.2), the biological sample measurement device comprising:
a light source configured to irradiate the biological sample with light; (Wissmann, Abstract, “The method includes providing a specimen container containing a specimen at an imaging location, providing one or more cameras configured to capture images at the imaging location, providing one or more light sources adjacent to the imaging location, illuminating the imaging location with the one or more light sources, and capturing multiple images including: specimen images of the image location at multiple different exposures, with the specimen container and specimen being present at the image location. Quality check modules and specimen testing apparatus including a quality check module are described herein, as are other aspects.”)
an imaging device configured to generate a two-dimensional captured image of the biological sample by using the light transmitted through the biological sample; and (Wissmann, Abstract, “The method includes providing a specimen container containing a specimen at an imaging location, providing one or more cameras configured to capture images at the imaging location, providing one or more light sources adjacent to the imaging location, illuminating the imaging location with the one or more light sources, and capturing multiple images including: specimen images of the image location at multiple different exposures, with the specimen container and specimen being present at the image location. Quality check modules and specimen testing apparatus including a quality check module are described herein, as are other aspects.”)
an image processing unit configured to specify a target portion as a measurement target in the component region from the captured image,
wherein the image processing unit specifies the target portion by using the captured image generated by using each of two wavelength components emitted by the light source, the light source is configured to irradiate at least two of the component regions with the light at a same time, the imaging device generates the captured image by using at least one of two or more exposure times or two or more gains, and (Wissmann, “[0013] According to another aspect, a quality check module is provided. The quality check module includes an imaging location within the quality check module configured to receive a specimen container containing a specimen, one or more cameras arranged at one or more viewpoints adjacent to the imaging location, one or more spectrally-switchable light sources located adjacent the imaging location and configured to provide illumination for the one or more cameras, and a computer configured to cause: the one or more spectrally-switchable light sources to switch between multiple different spectra (e.g., having different nominal wavelengths), and the one or more cameras to capture images at multiple exposures for each of the multiple different spectra.”)
the image processing unit selects, as an image of the biological sample to be used for the measurement, the captured image that can most clearly identify a boundary between the target portion and other portions by comparing the captured images generated by using the two or more exposure times or the two or more gains.(Wissmann, “[0092] In an optional embodiment, the light panel assemblies 450E and 450F may front light the imaging location 441 with white light and the camera 440A may be a color camera. Multiple images at different exposures may then be taken by camera 440A. Each image taken by camera 440A may be stored in memory of the computer 143 and then separated into color components at multiple wavelengths to provide the captured specimen images at multiple spectra. For example, computer 143 may separate the images into at least three captured spectra between about 400 nm and about 700 nm. For example, RGB components having nominal wavelengths at about 455 nm, 537 nm, and 634 nm, respectively, may be separated out of the image data stored by the computer 143 to generate the multi-spectral, multi-exposure captured images from the frontlit viewpoint. Images may be taken, as before, via signals from the computer 143 in lines 443A while being illuminated by the light panel assemblies 450E and 450F. Such frontlit imaging may be suitable for determining color of the cap 214, determining the location of the label 218, reading a barcode, or even for segmentation, for example.”)
Wissmann discloses [Claim 2] The biological sample measurement device according to claim 1, wherein the imaging device generates a first captured image of the biological sample by using a first wavelength component of the light transmitted through the biological sample, the imaging device generates a second captured image of the biological sample by using a second wavelength component of the light transmitted through the biological sample ,the image processing unit calculates a difference between a portion generated by using the first wavelength component in the first captured image and a portion generated by using the second wavelength component in the second captured image, and the image processing unit specifies a range of the target portion by specifying a portion in which the difference is equal to or larger than a threshold. (Wissmann, paragraph 40, “The spectral reference images may be captured for each of the emission spectra, but without the specimen or specimen container. The specimen images may be taken at the quality check module at multiple exposure times and at multiple discreet spectra (e.g., having different nominal wavelengths). In some embodiments, the images may be obtained using multiple cameras arranged to take the images from different viewpoints. The specimen and reference images may be produced using panelized back illumination for each viewpoint, in some embodiments. Each of the specimen and reference images may be processed by a computer in order to characterize (classify and and/or quantify) the specimen, specimen container, or both.”),
Wissmann discloses [Claim 3] The biological sample measurement device according to claim 2, wherein a difference in a transmittance between the first wavelength component and the second wavelength component in the target portion is larger than a difference in a transmittance between the first wavelength component and the second wavelength component in a portion excluding the target portion. (Where the transmittance of the sample is larger than the transmittance of the background)
Wissmann discloses [Claim 9] The biological sample measurement device according to claim 1, wherein the image processing unit calculates an amount of the target portion by using a pixel size of the captured image and a size of a container containing the biological sample. (Wissmann, Fig. 5A #530,532, 534))
Wissmann discloses [Claim 10] The biological sample measurement device according to claim 2, wherein the light source is configured to be able to switch a strongest main wavelength component of the light between at least the first wavelength component and the second wavelength component, the biological sample measurement device further comprises a time division control driver that switches the main wavelength component in a time-division manner, the imaging device generates the first captured image in a period in which the time division control driver sets the main wavelength component to the first wavelength component, and the imaging device generates the second captured image in a period in which the time division control driver sets the main wavelength component to the second wavelength component. (Wissmann, paragraph 74-75, “[0074] The light panel assembly 450W may be constructed as previously indicated, however in this embodiment the LEDs or lighting elements arranged along the height of the light guide 454 may be white light LEDs or other white light elements emitting elements. The emitted white light range may be over a wavelength range of about 400 nm to about 700 nm. In this embodiment, the spectrally switchable light source 449 includes the light panel assembly 450W and a filter assembly 463 arranged in a line of sight between the camera 440 and the light panel assembly 450W. The filter assembly 463 may be a mechanically-switchable filter assembly, where two or more (three as shown) filter elements 464A, 464B, 464C may be individually moved into the view window at selected times. Each of the filter elements 464A, 464B, 464C may comprise a band-pass filter having a designed wavelength range of light that is allowed to pass through, while other wavelengths outside the range are effectively blocked.”)
Wissmann discloses [Claim 11] The biological sample measurement device according to claim 2, wherein the light source is configured to emit the light having the first wavelength component and the second wavelength component at a same time, and the biological sample measurement device further comprises a filter capable of switching a wavelength component to be passed, the imaging device generates the first captured image in a period in which the filter allows the first wavelength component to pass, and the imaging device generates the second captured image in a period in which the filter allows the second wavelength component to pass. (Wissmann, paragraph 74-75, “[0074] The light panel assembly 450W may be constructed as previously indicated, however in this embodiment the LEDs or lighting elements arranged along the height of the light guide 454 may be white light LEDs or other white light elements emitting elements. The emitted white light range may be over a wavelength range of about 400 nm to about 700 nm. In this embodiment, the spectrally switchable light source 449 includes the light panel assembly 450W and a filter assembly 463 arranged in a line of sight between the camera 440 and the light panel assembly 450W. The filter assembly 463 may be a mechanically-switchable filter assembly, where two or more (three as shown) filter elements 464A, 464B, 464C may be individually moved into the view window at selected times. Each of the filter elements 464A, 464B, 464C may comprise a band-pass filter having a designed wavelength range of light that is allowed to pass through, while other wavelengths outside the range are effectively blocked.”)
Wissmann discloses [Claim 12] The biological sample measurement device according to claim 2, wherein the light source is configured to emit the light having the first wavelength component and the second wavelength component at a same time,the biological sample measurement device further comprises an optical filter that allows the first wavelength component to pass therethrough and reflects the second wavelength component, and the imaging device includes a first imaging device that images the first wavelength component that has passed through the optical filter, and a second imaging device that images the second wavelength component reflected from the optical filter. (Wissmann, paragraph 74-75, “[0074] The light panel assembly 450W may be constructed as previously indicated, however in this embodiment the LEDs or lighting elements arranged along the height of the light guide 454 may be white light LEDs or other white light elements emitting elements. The emitted white light range may be over a wavelength range of about 400 nm to about 700 nm. In this embodiment, the spectrally switchable light source 449 includes the light panel assembly 450W and a filter assembly 463 arranged in a line of sight between the camera 440 and the light panel assembly 450W. The filter assembly 463 may be a mechanically-switchable filter assembly, where two or more (three as shown) filter elements 464A, 464B, 464C may be individually moved into the view window at selected times. Each of the filter elements 464A, 464B, 464C may comprise a band-pass filter having a designed wavelength range of light that is allowed to pass through, while other wavelengths outside the range are effectively blocked.”)
Allowable Subject Matter
Claims 4, 7-8 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GANDHI THIRUGNANAM whose telephone number is (571)270-3261. The examiner can normally be reached M-F 8:30-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sumati Lefkowitz can be reached at 571-272-3638. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GANDHI THIRUGNANAM/Primary Examiner, Art Unit 2672