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 .
Response to Arguments
Applicant's arguments filed 04/08/2026 have been fully considered but they are not persuasive.
Regarding amended claim 1, applicant argued that Kang teach neither outputting image data together with guidance information relating to the new capture geometry, nor communicating what new distance and new angle should be used. Applicant then argued that combining Podilchuk and Kang is not reasonable because both have different inventive objectives.
However, examiner respectfully disagrees. Despite of applicant’s argument, “information relating to the new distance, and information relating to the new angle” does not necessarily mean indicating/identifying new distance and new angle. It is because of “relating to.” If intended invention is to output new distance and new angle along with new image data, “information relating to” would not be recommended because it opens to broader interpretation.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, both Podilchuk and Kang teach using a camera to capture an image of an operating display, wherein both intend to capture information displayed on said operating display. While there is no teaching away or conflict between Podilchuk and Kang, having an image capturing condition on distance and angle taught by Kang would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to recognize as a favorable feature and incorporate into Podilchuk, in order to provide a standard or guidance in taking acceptable image for further processing. This is similar to using a mobile app to capture front and back of a check, wherein the mobile app would ask user to recapture if captured distance and/or angle is not acceptable. Again, “information relating to” can be interpreted as either direct or indirect information.
Thus, rejections are proper and maintained.
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(s) 1-12, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Podilchuk et al. (US2021/0118551) in view of Kang et al. (US2019/0373206).
To claim 1, Podilchuk teach an apparatus (104 of Fig. 1) for medical image analysis, comprising:
a camera configured to be placed in proximity of a system image display of a medical imaging system and to acquire a local image of a system image displayed on the system image display (610 of Fig. 6), wherein the system image comprises medical image data of a patient and wherein the local image comprises local image data of the medical image data of the patient (Fig. 1, paragraphs 0022-0023, using camera of a mobile device to capture an image of a medical image displayed on a nearby display device);
a processor assembly configured to determine a plurality of image and imaging parameters, the determination comprising utilization of the local image (620 of Fig. 6).
But, Podilchuk do not expressly wherein the plurality of image and imaging parameters comprises a determined distance between the camera and the system image display and a determined angle between a viewing axis of the camera and an axis perpendicular to the system image display, the processor assembly being configured to utilize the plurality of image and imaging parameters to determine a process decision to: determine if the local image data of the medical image data is suitable for further processing and if not suitable, then determine if a new local image is to be acquired, a new plurality of image and imaging parameters is to be determined for the new local image, and the new plurality of image and imaging parameters is to be utilized to determine a new process decision, wherein the processor assembly is configured to utilize the new plurality of image and imaging parameters to determine a new distance between the camera and the system image display for acquisition of the new local image, and wherein the processor assembly is configured to utilize the new plurality of image and imaging parameters to determine a new angle between a viewing axis of the camera and an axis perpendicular to the system image display for acquisition of the new local image; and an output configured to output image data, information relating to the new distance, and information relating to the new angle.
Kang teach using a mobile terminal (100 of Fig. 1) to capture a display (110 of Fig. 1) , wherein a processor assembly configured to determine a plurality of image and imaging parameters, the determination comprising utilization of the local image, and wherein the plurality of image and imaging parameters comprises a determined distance between the camera and the system image display and a determined angle between a viewing axis of the camera and an axis perpendicular to the system image display (paragraphs 0062, 0095, 0145, 0192-0193, distance and angle between the mobile terminal and the display), the processor assembly being configured to utilize the plurality of image and imaging parameters to determine a process decision to: determine if the local image data of the medical image data is suitable for further processing (paragraphs 0062, 0095, 0145, 0192-0193, determine whether the image satisfies the image capture conditions) and if not suitable, then determine if a new local image is to be acquired, a new plurality of image and imaging parameters is to be determined for the new local image, and the new plurality of image and imaging parameters is to be utilized to determine a new process decision, wherein the processor assembly is configured to utilize the new plurality of image and imaging parameters to determine a new distance between the camera and the system image display for acquisition of the new local image, and wherein the processor assembly is configured to utilize the new plurality of image and imaging parameters to determine a new angle between a viewing axis of the camera and an axis perpendicular to the system image display for acquisition of the new local image; and an output configured to output image data, information relating to the new distance, and information relating to the new angle (paragraph 0193, calculate a distance between the display and the mobile terminal based on a ratio of the display, and calculate a capture angle of the camera based on angle information of each corner of the display image. The mobile terminal may determine whether a current image capture state satisfies a threshold via comparison with image capture conditions defined as image capturing guidelines and input thereto. When the current image capture state does not satisfy the threshold, a fail alarm is output to the screen and a recapturing process may be induced).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate teaching of Kang into the apparatus of Podilchuk, in order to improve optical information measurement with guidance.
To claim 11, Podilchuk and Kang teach a method for medical image analysis (as explained in response to claim 1 above).
To claim 14, Podilchuk and Kang teach a non-transitory computer-readable medium for storing executable instructions, which cause a method to be performed to analyze medical images (as explained in response to claim 1 above).
To claims 2 and 12, Podilchuk and Kang teach claims 1 and 11.
Podilchuk and Kang teach wherein if the local image data of the medical image data is determined to be suitable for further processing, the processor assembly is configured to implement a machine learning algorithm to generate local processed image data, wherein the generation comprises utilization of the local image data of the medical image data of the patient; and wherein the output is configured to output the local processed image data (Kang, paragraph 0072).
To claim 3, Podilchuk and Kang teach claim 2.
Podilchuk and Kang teach wherein generation of the local processed image data comprises utilization of the plurality of image and imaging parameters to calculate error information (Podilchuk, paragraphs 0025, 0032).
To claim 4, Podilchuk and Kang teach claim 3.
Podilchuk and Kang teach wherein the processor assembly is configured to utilize the plurality of image and imaging parameters to calculate at least one certainty indicator or confidence level for the local processed image data (Podilchuk, paragraphs 0005, 0038, 0045, annotation may be numeric such as the probability of malignancy).
To claim 5, Podilchuk and Kang teach claim 3.
Podilchuk and Kang teach wherein the processor assembly is configured to generate an certainty indicator or confidence level heat map superimposed upon the location processed image data (paragraph 0045, color map may describe probability of a malignancy; and superimposing would have been a well-known display technique in the art and obvious to one of ordinary skill in the art to incorporate by design preference, hence Official Notice is taken).
To claim 6, Podilchuk and Kang teach claim 2.
Podilchuk and Kang teach wherein implementation of the machine learning algorithm comprises utilization of the plurality of image and imaging parameters (Kang, paragraph 0072).
To claim 7, Podilchuk and Kang teach claim 6.
Podilchuk and Kang teach wherein the processor assembly is configured to adapt the machine learning algorithm, wherein the adaptation comprises utilization of the plurality of image and imaging parameters (Kang, paragraph 0072, neural network training is fundamentally a process of adaption).
To claim 8, Podilchuk and Kang teach claim 1.
Podilchuk and Kang teach wherein the processor assembly is configured to utilize the plurality of image and imaging parameters to determine at least one new display setting for the system image display for acquisition of the new local image, and wherein the output is configured to output information relating to the new display setting (Kang, Figs. 12-13).
To claim 9, Podilchuk and Kang teach claim 1.
Podilchuk and Kang teach wherein the processor assembly is configured to utilize the plurality of image and imaging parameters to determine a change in lighting conditions in a room within which the system image display is located, and wherein the output is configured to output information relating to the change in lighting conditions ((Podilchuk, paragraphs 0035, 0044, noise, paragraphs 0026, 0033, lighting; Kang, paragraphs 0066, 0122-0123, 0205, light output is part of lighting conditions in the room).
To claim 10, Podilchuk and Kang teach claim 1.
Podilchuk and Kang teach wherein the plurality of image and imaging parameters comprises two or more of: determined signal to noise at one or more locations in the local image (Podilchuk, paragraphs 0035, 0044, noise, paragraphs 0026, 0033, lighting), determined one or more lighting conditions in a room within which the system image display is located (Podilchuk, paragraphs 0035, 0044), determined display setting for the system image display (Kang, paragraphs 0066, 0122-0123, 0205).
Conclusion
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 ZHIYU LU whose telephone number is (571)272-2837. The examiner can normally be reached Weekdays: 8:30AM - 5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephen R Koziol can be reached at (408) 918-7630. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ZHIYU . LU
Primary Examiner
Art Unit 2669
/ZHIYU LU/Primary Examiner, Art Unit 2665 April 17, 2026
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