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 Amendment
The present application, amendments filed on 06/22/2026 have been entered in full. Claims 1-15 remain pending in this application.
Response to Arguments
Applicants’ arguments, see pages 10-11, filed 06/22/2026, have been fully considered but they are not persuasive. In the argument the applicant argues the entirety of claims 1 and 12 are directed to specific practical solution to problems in the underlying field. However, examiner respectfully disagrees as claim does not include additional elements beyond the abstract ideas that are more than insignificant extra-solution activity and well-understood, routine, conventional activity. Claim 1 comprises of elements A-I as shown below:
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In this claim elements A-D are generic computer elements that are merely used to apply abstract ideas. Elements F-G contain the abstract ideas of mental process as a medical professional could observe an image of a patient and provide a judgement to identify the feature points and omega shape and evaluate the identified feature points and omega shape to determine the image contains a predetermined detection area (for example a face) associated biometric information of the patient for diagnosing. Elements H and I use the previous mental process of evaluation then adjust a display parameter and display the image using the display parameter. The adjustment of a display parameter is well-understood, routine, conventional activity within the field that is not considered to amount to significantly more. The elements of displaying the image using the adjusted display parameter are considered insignificant extra-solution activity of presenting data. The elements of claims 1 and 12 merely state abstract ideas in the form of mental processes with the additional elements of extra-solution activity, and conventional, well-understood and routine activity, thus the abstract ideas are not integrated into practical solutions.
Applicants’ arguments, see page 12, filed 06/22/2026 have been fully considered but they are not persuasive. The applicant argues that Kim does not teach the displaying an image “based on image information received through the communication circuitry. However, examiner respectfully disagrees as Kim teaches the connection between elements of the electronic device, which in paragraphs 0133-0135 is described as providing transferring communication and data between elements which includes the processor, memory, bus, input/output interface, communication interface, and display. The display is described as presenting an image and the input/output interface and memory may receive data that can be received or transmitted to other elements of the device including the display. The memory includes storing of image data [0130], which thus by use of the communication of data between elements means the display of an image can be based on the image data transmitted by communication circuit between elements of the electronic device. The image data stored in the memory is image information and the image displayed by the display is based on that image data.
Applicants’ arguments, see page 13, filed 06/22/2026 have been fully considered but they are not persuasive. In the argument the applicant argues that Kim does not disclose image of a specific patient. However, examiner respectfully disagrees as Kim teaches the face detection unit compares the current image to a stored face to determine if face is present, the determination of the face presence is based on patterns and shape of the feature points which is associated with biometric information and as the image is of the patient [being the subject of the medical device]. Thus, within the detection of whether the face of the patients is identified with feature points the unit identifies where the image includes an area associated with biometric information of the patient, being the face region with feature points of the subject imaged.
Applicants’ arguments with respect to claim(s) 1 and 12 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claims 1-15 are rejected under 35 U.S.C 101 because the claimed invention is directed to judicial
exception, in particular an abstract idea falling under mental processes without significantly more. Th
judicial exception is not integrated into practical application because the additional limitation provides
insignificant extra-solution activity and simply implanting the abstract idea on generically recited
computer elements. The claims do not include additional elements that are sufficient to amount to
significantly more than the judicial exception as receiving, transmitting, and presenting data is well
understood, routine, conventional computer functions as recognized by court decisions listen in MPEP
2106.05(d).
Step 1: the claims in question are primarily to an apparatus/system. The corresponding
apparatus is congruent in scope and understood to be directed to a machine for the purposes of
analysis at Step 1. (Step 1: YES)
Step 2A. Prong One: Step 2A Prong One of the eligibility analyses evaluates whether the claim
recites judicial exception (Law of Nature, a Natural Phenomenon, or an Abstract Idea). MPEP 2106.4,
subsection II, states a claim “recites” a judicial exception when the judicial exception is “set forth” or
“described” in the claim. Claim 1 at a high level recites the use of display (element A), a communication
circuitry (element B), a memory (element C), a processor (element D), display an image based on
received information (element E), identify feature points and an omega shape (element F), identify if
there is a predetermined area with biometric information in the image (element G), adjust display
parameters and display the image using the adjusted display parameters (element H), and display parameters are one of brightness, saturation, contrast, and color (element I).
• Element F recites identifying feature points and shape of a patient, which encompasses
evaluating and providing a judgement which could be practically performed in the human mind.
• Element G recites identifying whether an image contains an area with biometric information and diagnoses the patient, which encompasses evaluating and providing a judgment which could be practically by performed in the human mind.
• Element H recites using a previous judgment to adjust a display parameter which can be performed by the human mind.
Such mental observations, evaluation, and judgements fall under mental grouping processing
(performed in the human mind including observations, evaluations, judgements, and opinions). For
example a medical professional could look at an image of a patient and identify feature points of the face and identify the omega shape of the patient as the head and shoulder shape, the medical professional could then use the features and shape of the patient to identify an area of the patient to observe and understand the biometric information associated with the area, provide a diagnosis, and lastly based on the judgements of feature points, omega shape, and detection area the medical professional could adjust the display or image to better perform their medical evaluations. Claim 2 at high level includes identifying a center pole, a right side of the patient, a left side of the patient, determining if the left feature point is on the left side of the patient, determining if the right feature point is on the right side of the patient, map feature points to corresponding opposite side feature points. Claim 2 encompasses observation and judgement to observe the patient and judge areas and feature points of the face, all of which could be performed by a medical professional evaluating an image of a patient and determining or mapping regions and feature points on to the image to determine where each region of the patient is and using those regions to map feature points on opposite sides of the image. Claim 3 at high level recited transmitting information to the external device based on identifying if the image is missing a feature point or the omega shape. The element of identifying if the image is missing a feature point of the omega shape encompasses a judgement which could be performed by the human mind, for example a medical expert could identify from an image that there are feature points missing from the image. Claim 4 at a high recites adjusting the display based on information received. Adjusting the display based on information encompasses an evaluation and a judgement which could be performed by the human mind as seen by a medical expert evaluating an image and changing settings or parameters to improve the
evaluation quality. Claim 5 at high level recites transmitting information based on information received,
which encompasses judgement. Claim 6 at a high level recites identifying brightness of the image and
adjusting the brightness, which encompasses evaluation and judgement. Claim 7 at a high level recites
receiving data, detecting biometric information, obtaining a diagnosis, transmitting the result. Detecting
biometric information and obtaining a diagnosis encompass observation, evaluation, and judgement all
which could be completed by a medical professional. Claim 8 at a high level recites identify if the image
is backlit and adjusting the display parameter, which encompasses observation, evaluation, and
judgement that could be performed by the human mind. Claim 9 at a high level recites receiving data,
identify illuminance levels, identify if the image is backlit, and transmit data. Identifying illuminance level
and identifying if the image is backlit encompasses observation, evaluation, and judgement of the
lighting of the image that could be performed in the human mind. Claim 10 at a high level recites the
features points comprise of the eyes, mouth, and noise, and the detection area is the orbital area and
infraorbital area of the face, which encompasses observation and evaluation for the segmenting of the
image into feature points and areas that could be done in the human mind, for example a medical
professional to identify facial anatomy. Claim 11 at high level recites determine a coefficient based on
received data, and transmitting data. Determining a coefficient encompasses evaluation that could be
performed by the human mind. Claims 12-15 similarly contain mental processes of observation,
evaluation, judgements, and opinions. (Step 2A, Prong One: YES).
Step 2A. Prong Two: Step 2A, Prong Two of the eligibility analysis evaluates whether the claim
integrates the recites judicial exception into a practical application of the exception or
whether the claim is “directed to” the judicial exception. This evaluation is performed by (1) identifying
whether there are any additional elements recited in the claim beyond the judicial exception, and
(2) evaluating those additional elements individually and in combination to determine whether
the claim as a whole integrates the exception into a practical application. See MPEP 2106.04(d).
‘Additional elements’ are generally limitations are generally feature/limitations/steps recited in the
claim beyond the judicial exceptions. MPEP 2106 comprises of limitations that indicate whether or not
there is integration. MPEP 2106.05(a) improvements, (b) particular machine, (c) particular
transformation, and (e) other meaningful limitations generally concern limitation that are indicative of
integration, whereas 2106.05(d) well-understood, routine, conventional activity, (f) mere instructions to
apply, (g) insignificant extra-solution activity, and (h) field of use generally concern limitations that are
not indicative of integration. Element E and H recite “receiving” and displaying information which amounts to mere data gathering and presenting at a high level of generality, and thus are insignificant extra-solution activity. MPEP 2106.05(g) states insignificant extra-solution activity is generally understood as activities incidental to the primary process or product that are merely nominal or tangential addition to the claim (examples include transmitting, storing, and outputting information). Elements A-D recite a display, communication circuit, memory, and a processor. A display, communication circuit, and memory and processor with instruction are recited at a high level of generality amount to no more than instruction to implement an abstract idea on generic computer elements. Computer elements (elements A-D) are generally applied to the abstract ideas without limiting the computer elements. Element I recites adjusting display parameters which are well-understood, routine, and conventional. Claims 3, 5, 7, 9, 12, 13, and 15 similarly recite receiving and transmitting data, which amount to mere data gathering and presenting at a high level of generality, thus are insignificant extra-solution activity. Claim 2-9 and 11-13 recite the use of a processor, memory, and/or communication circuitry, which is recited at a high level of generality and amounts to more than generic computer elements to implement abstract ideas. Claim 14 does not include additional elements beyond abstract ideas of mental processes. The additional elements that are present do not integrate the recited judicial exception into practical application (Step 2A, Prong Two: NO), and the claims are directed to the judicial exception. (Step 2A; YES)
Step 2B: Step 2B of the eligibility analysis evaluates whether the claim as a whole amount to
significantly more than the recited exception i.e., whether any additional element, or combination of
additional elements adds an inventive concept to the claim. See MPEP 2106.05. As explained in Step 2A,
claim 1 contains additional elements that relate to the acquiring of data and the processor and memory
are merely applied to the judicial exception. The considerations of Step 2A Prong 2 and Step 2B
overlap, but differ in that Step 2B requires the consideration of the claim as a combination of the
limitation, see MPEP 2106.05 subsection I.A. At Step 2B, the evaluation of the insignificant extra-solution
activity takes into account whether or not the activity is well understood, routine, and conventional in
the field. See MPEP 2106.05(g). The recitation of receiving, presenting, and transmitting of images or
data in claims 1, 3, 5, 7, 9, 12, 13, and 15 are recited at a high level of generality and amounts to
receiving data, which is well-understood, routine, conventional activity. See MPEP 2106.05(d),
subsection II. The limitations remain insignificant extra-solution activity even upon reconsideration.
Claim 2-9 and 11-13 recite the use of generic computer elements without additional elements beyond
insignificant extra solution activity. Claim 14 does not include additional elements beyond abstract ideas
of mental processes. Even when considered in combination, these additional elements represent mere
instructions to implement an abstract idea or other exception on a computer and insignificant extra-
solution activity, which does not provide an inventive concept. (Step 2B: NO).
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, 3-5, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Kim US20170111569 (hereinafter “Kim”) in view of Nishio US20240394351 (hereinafter “Nishio”) in view of Sung KR20210025847 (hereinafter “Sung”).
Regarding claim 1, Kim teaches a display device comprising (see paragraph 0045, the electronic device 100 may show an image through a display):
a display (see paragraph 0046 and Figure 1, display 170);
communication circuitry configured to communicate with an external device (see paragraph 0133-0135, the electronic device for the present disclosure includes a bus [the bus may include a circuit for connecting the elements and transferring communication between the elements] including the bus, input/output, display, memory, communication interface, and processor. Where the connection of the bus to communication interface allows for communication to external devices, 0144]); and
at least one memory storing one or more instructions (see paragraph 0142, the input/output interface to transfer instructions or data from an external device to other elements); and
at least one processor configured to execute the one or more instructions (see paragraph 0053 and Figure 1, memory 130 may store instructions),
wherein the one or more instructions, when executed by the at least one processor, cause the display device to (see paragraph 0053, the processor executes the instructions to perform the function associated with face detection):
display an image on the display based on image information received through the communication circuitry (see paragraph 0133-0135, the electronic device for the present disclosure includes a bus [the bus may include a circuit for connect the elements including the display, memory, and processor and transferring communication between the elements] and a display 1460 [the display may present text, an image, or a video to the user] and the memory may store image data [0135]. Thus, the display may output an image based on image data from processes and outputs of elements that are communicated through a communication circuit [bus], 1410-1470),
identify, in the image, one or more feature points of a patient and an omega shape of the patient (see paragraph 0077 and 0079, feature point extracting unit which may extract corner or boundary point of each object [interpreted as the patient] as feature points from the image. Shape detection unit may determine whether an omega shape corresponding to a face shape of a person is present),
identify, based on the one or more feature points and the omega shape, whether the image includes a predetermined detection area associated with biometric information of the patient (see paragraphs 0081 and 0084-0085, the face detection unit determines whether a face is present in the current image through the use of comparing the patterns of feature points and a specified shape [omega shape] of the current image to the stored image in a region [a detection region, 0125]. The act of identifying if the image contains a face [a face is associated with biometric information] in a region of the image is the determination that image includes an area associated with biometric information of the patients as the face in the current image is associated with biometric data of the patient in the current image), and
(see paragraphs 0081 and 0084-0085, the face detection unit determines whether a face is present in the current image. See paragraph 0133-0135, display 1460 may present text, an image, or a video to the user), and
Although Kim teaches identify, based on the one or more feature points and the omega shape, whether the image includes a predetermined detection area associated with biometric information of the patient Kim does not explicitly disclose diagnosing the patient. Kim additionally does not disclose based on identifying that the image includes the predetermined detection area, adjust a display parameter of at least one of the display or the image and display the image on the display using the adjusted display parameter, and wherein the display parameter includes at least one of brightness, saturation, contrast, and color.
Nishio teaches based on identifying that the image includes the predetermined detection area, adjust a display parameter of at least one of the display or the image and display the image on the display using the adjusted display parameter (see paragraphs 0038-0039, 0051, 0064, the detection of whether a person is present in front of the information processing apparatus, where the detection is complete by detecting a face area with a face in the capture image to determine whether the user is present. The identification of whether the captured image contains a face area with a face [predetermined detection area] is interpreted as identifying whether the image includes the predetermined detection area. The use of face detection to determine “presence” and “absence” is used to restore [adjust] the screen brightness [display parameter] of the display unit]), and
wherein the display parameter includes at least one of brightness, saturation, contrast, and color (see 0038-0039 and 0051, when the processing apparatus determines that a person is present restore [adjust] the screen brightness [display parameter] of the display unit).
Nishio nor Kim teach diagnosing the patient.
Kim and Nishio are analogous art because they are from the same field of endeavor of a device to analyze to capture an image, and detect and analyze the face of the user, with adjusting of brightness.
Before the effective filling date of the invention, it would have been obvious to one of ordinary skill in the art to modify Kim to use a display parameter as taught by Nishio. The motivation for doing so would have been to set different predetermined brightness levels based on the current status of the image (Nishio, 0081-0082).
Sung teaches a display device comprising (see page 5 paragraph 1, a mirror display device):
a display (see page 8 paragraph 2, display unit 150);
display an image on the display based on image information received through the communication circuitry (see page 8 paragraph 10, the display unit may display an image based on the information generated by the controller 140 [also referred to as control unit 140] which uses the communication unit to receive or transmit data),
identify, in the image, one or more feature points of a patient (see page 10 paragraph 5, the use of hair, eyebrows, and eyeballs [features] from the image of the user),
identify whether the image includes a predetermined detection area associated with biometric information of the patient for diagnosing the patient (See page 5 paragraph 10, generating health status of the user based on the facial information of a face portion [detection area] of the user. See page 5 paragraphs 4-6, the health status is based on the detection of biometric information in the user’s image),
adjust a display parameter of at least one of the display or the image and display the image on the display using the adjusted display parameter (see page 10 paragraph 1-4, correcting the color and illuminance of the basic user image. The basic user image may be displayed on the display unit 150, page 12 paragraph 6), and
wherein the display parameter includes at least one of brightness, saturation, contrast, and color (see page 10 paragraph 1-4, correcting the color and illuminance of the basic user image).
Kim, Nishio, and Sung are analogous art because they are from the same field of endeavor of a device for using an image of a user to determine biometric information.
Before the effective filling date of the invention, it would have been obvious to one of ordinary skill in the art to modify Kim and Nishio to generate the health status of a patient of a user as taught by Sung. The motivation for doing so would have been to evaluate the user’s health and categorize the health into levels to determine what level of response is needed (Sung, pages 7 and 13).
Regarding claim 3, Kim, Nishio, and Sung teach the display device of claim 1.
Kim teaches wherein the one or more instructions, when executed by the at least one processor, further cause the display device to (see paragraph 0190, when the processor executes the instructions, the processor performs the methods
and functions of the electronic device):
based on identifying that at least one of the omega shape or the one or more feature points of the
patient is not included in the image, control the communication circuitry to transmit, to the external
device, environment guide information, and (see paragraph 0082-0083, the determination on where
there are less feature points than specified, and changing the exposure configuration. See paragraph 0133-0135, the electronic device for the present disclosure includes a bus [the bus may include a circuit for connecting the elements and transferring communication between the elements] including the display, memory, communication interface, and processor. Where the connection of the bus to communication interface allows for communication to external devices, 0144])
Kim does not teach the environment guide information comprises information related to an
adjustment of a location of the patient and a posture of the patient.
Sung teaches control the communication circuitry to transmit, to the external device,
environment guide information (see page 9 paragraph 11, the use of the controller 140 [which has
direct connection to the communication unit 110 to transmit data, page 6 paragraph 3] to display the
photographing guide information [environment guide information]), and
wherein the environment guide information comprises information related to an adjustment of a
location of the patient and a posture of the patient (see page 9 paragraph 11-12, the photographing
guide information may be display in cases of the user’s posture and contain a guideline of adjusting
the position or direction of the face).
Regarding claim 4, Kim, Nishio and Sung teaches the display device of claim 1.
Kim teaches the one or more instructions, when executed by the at least one processor (see paragraph 0190, when the processor executes the instructions, the processor performs the methods and functions of the electronic device), further cause the display device to adjust the display parameter of the image based on illuminance information received through the communication circuitry and predetermined reference illuminance information (See paragraph 0086, the processor includes a backlight determining unit which classifies the image into center and peripheral regions and calculates the luminance value of the regions, based on the luminance values to determine the backlight condition and then the face detection function is performed. The face detection function may include changing the color, 00116-00117. See paragraph 0133-0135, the electronic device for the present disclosure includes a bus [the bus may include a circuit for connecting the elements and transferring communication between the elements] including the display, memory, communication interface, and processor).
Regarding claim 5, Kim, Nishio and Sung teach the display device of claim 1.
Kim the one or more instructions, when executed by the at least one processor (see paragraph 0190, when the processor executes the instructions, the processor performs the methods and functions of the electronic device), further cause the display device to control the communication circuitry to transmit environment guide information (see paragraphs 0134-0135, and 0144, the bus transfers communications from the processor to the communication interface that communicates with external devices) about illuminance adjustment to the external device, based on illuminance information received through the communication circuitry and predetermined reference illuminance information (see paragraph 0083, the use of the exposure configuration unit which includes the changing of exposure based on a luminance value [obtained through the processor, 0086] of an image compared to a specific level [predetermined reference luminance]).
Kim does not teach transmitting environment guide information.
Sung teaches cause the display device to control the communication circuitry to transmit environment guide information (see page 9 paragraph 11, the use of the controller 140 [which has direct connection to communication unit 110 to transmit data, page 6 paragraph 3] to display the photographing guide information [environment guide information]).
Claim 12 is analogous method to the apparatus of claim 1, thus is analyzed and rejected similar to claim 1.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Nishio in view of Sung in view of Chul KR20190135598 (hereinafter “Chul”).
Regarding claim 2, Kim, Nishio and Sung teach the display device of claim 1.
Kim teaches the one or more instructions, when executed by the at least one processor, further cause the display device to (see
paragraph 0190, when the processor executes the instructions, the processor performs the methods
and functions of the electronic device):
identify a center pole of the image (see paragraph 0086, the classification of the image into
regions including a center region),
identify, in the image, a left side of the patient and a right side of the patient
(see paragraph 0130, the face image
is classifying into a right-side surface and left side surface as part of face detection [determined by
whether a pattern corresponding to a face is present (omega shape, 0079), paragraph 0084-0085] and
determining the corresponding region [regions determined based on where the feature points are in
the detection region, paragraph 0099] of face detection),
identify whether a
feature points (see paragraph 0099, determine a region that feature points are present in),
identify whether a
more feature points (see paragraph 0099, determine a region that feature points are present in), and
Kim, Nishio, and Sung do not teach identify sides of the patient based on the center pole,
identify whether a left feature point on the left side of the patient,
identify whether a right feature point on the right side of the patient, and
based on identifying that only one of the left feature point and the right feature point is included in the
one or more feature points, map a feature point from among the left feature point and the right feature
point that is included in the one or more feature points to a corresponding opposite side of the image.
Chul teaches identify, in the image, a left side of the patient and a right side of the patient based
on the center pole (see page 7 paragraph 6 and figure 8, the use of a reference line that is a straight
line including the center axis),
identify a left feature point on the left side (see page 7 paragraph 6, the dividing of each feature point
into a left face group),
identify a right feature point on the right side of the patient (see page 7 paragraph 6, the dividing of
each feature point into a right face group), and
based on identifying that only one of the left feature point and the right feature point is included in the
one or more feature points, map a feature point from among the left feature point and the right feature
point that is included in the one or more feature points to a corresponding opposite side of the image
(see page 7 paragraph 6 and Figure, the feature point pair which includes a feature point belong to the
left face group and a feature point belonging to the right face group, with a feature point on the right
face group corresponding to a feature point in the left face group, seen mapped in figure 8).
Kim, Sung, Nishio and Chul are analogous art because they are from the same field of endeavor of a device to analyze the face of a user through an image by analyzing the facial feature information of the user.
Before the effective filling date of the invention, it would have been obvious to one of ordinary
skill in the art to modify Kim, Nishio, and Sung to identifying of right and left feature points and mapping feature points as taught by Chul. The motivation for doing so would have been to allow for comparing the right and left side of the user (Chul, page 3 paragraph 10).
Claims 6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Nishio in view of Sung in view of Su US 20180084989 (hereinafter “Su”).
Regarding claim 6, Kim and Sung teaches the display device of claim 1.
Kim teaches wherein the one or more instructions, when executed by the at least one processor, further cause the display device to (see paragraph 0087, when the processor executes the instructions, the processor performs the methods and functions of the electronic device):
based on identifying that a brightness of the image is non-uniform,
(see paragraph 0077, the use of variation level of
luminance values to process the image, the variation level of luminance is interpreted as non-uniform
brightness).
Kim, Nishio, and Sung do not teach pre-processing on the image to make the brightness of the image uniform.
Su teaches perform pre-processing on the image to make the brightness of the image uniform
(See paragraph 0059, instructions may instruct to adjust the uniformity of image brightness of a single
picture to form uniform brightness).
Kim, Sung, Nishio and Su are analogous art because they are from the same field of endeavor of a device for capturing an image of the user facial elements and analyzing the features of the image with relation to illuminance.
Before the effective filling date of the invention, it would have been obvious to one of ordinary
skill in the art to modify Kim to adjust the image to have uniform brightness as taught by Su. The
motivation for doing so would have been to aid in producing a single clear image (Su, paragraph 0059
and 0061).
Regarding claim 8, Kim, Nishio, and Sung teach the display device of claim 1.
Kim teaches the one or more instructions, when executed by the at least one processor, further cause the display device to (see paragraph 0190, when the processor executes the instructions, the processor performs the methods and functions of the electronic device):
based on identifying the omega shape and not identifying the one or more feature points,
identify whether the image information was obtained in a backlit environment based on brightness
information of the image information (see paragraph 0086, the processor includes a backlight
determining unit which uses a luminance characteristic value to compare regions of the image. The
regions are set by the shape detecting unit, which is based on detecting an omega shape, see
paragraph 0080), and
based on identifying that the image information was obtained in the backlit environment, adjust
the display parameter of the image and
(See paragraph 0086, the processor includes a backlight determining unit which classifies the image into center and peripheral regions and calculates the luminance value of the regions, based on the luminance values to determine the backlight condition and then the face detection function is performed. The face detection function may include changing the color, 00116-00117).
Kim, Nishio, and Sung do not teach perform pre-processing on the image to make a brightness of the image uniform.
Su teaches perform pre-processing on the image to make a brightness of the image uniform (see
paragraph 0059, instruction may instruct to adjust the uniformity of image brightness of a single
picture to form uniform brightness).
Claims 7, 10, 11, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Nishio in view of Sung in view of Kitajima US20220300350 (hereinafter “Kitajima”).
Regarding claim 7, Kim, Nishio, and Sung teach the display device of claim 1.
Kim teaches the at least one memory further stores reference biometric information of the patient (see paragraph 0160 and Figure 15, the electronic device includes a biometric sensor 1540I and memory 1530 that are connected through the processor), and wherein the one or more instructions, when executed by the at least one processor (see paragraph 0190, when the processor executes the instructions, the processor performs the methods and functions of the electronic device),
detect the biometric information of the patient (see
paragraph 0160, the inclusion of a biometric sensor in the sensor module),
control the communication circuitry to transmit the obtained
external device (see paragraph 0142, the input output may output data from other elements of the
electronic device to the external device).
Kim does teach cause the display device to, based on receiving medical care request information through the communication circuitry:
detect the biometric information of the patient from the predetermined detection area,
obtain diagnosis result information based on the detected biometric information and the stored
reference biometric information, and
transmit the obtained diagnosis result information.
Sung teaches detect the biometric information of the patient from the predetermined detection area (see page 5 paragraphs 4-6, determine the user’s biometric information through the photograph,
obtain diagnosis result information based on the detected biometric information and the stored
reference biometric information (see page 5 paragraphs 4-6, determine the user’s health status through the user’s biometric information and the predetermined reference value), and
transmit the obtained diagnosis result information (see page 11 paragraph 6, display the health information).
Sung, Nishio, and Kim do not teach cause the display device to, based on receiving medical care request information through the communication circuitry.
Kitajima teaches cause the display device to, based on receiving medical care request information through the communication circuitry (see paragraph 0022-0023, the user selects the vital sign measurement
application [request medical care information] the system controller executes [the system controller
is a processor which receives the data through the communication unit, figure 1]):
detect the biometric information of the patient from the predetermined detection area (see
paragraph 0022-0023, measuring biological information [can include vital signs] of the image of the
user which includes acquisition regions [paragraph 0050])
obtain diagnosis result information based on the detected biometric information and the stored
reference biometric information (see paragraph 0022, the biological information is analyzed, and the
measurements are displayed on the display unit [image memory 106 stores image data of the display
unit 109, paragraph 0020]), and
transmit the obtained diagnosis result information (see paragraph 0023 and figure 2B, the
displaying of the measurements).
Kim, Sung, Nishio, and Kitajima are analogous art because they are from the same field of endeavor of a device for using face detection device with the use detection features and illumination suitability.
Before the effective filling date of the invention, it would have been obvious to one of ordinary
skill in the art to modify Kim and Sung to detect biological information when a request for medical care is received as taught by Kitajima. The motivation for doing so would have been to allow for the user to select various applications of biological information to collect (Kitajima, paragraph 0037).
Regarding claim 10, Kim, Nishio, and Sung teach the display device of claim 1.
Kim teaches the one or more feature points comprises one or more feature points of a face of the patient (see paragraph 0077 and 0102, the feature point extracting unit may extract corner or boundary points of each object as the feature point of the image, feature points may be included in the eyes, a noise, and a mouth of a face),
wherein the one or more feature points of the face comprise a pair of left eye endpoints, a pair
of right eye endpoints, a pair of mouth endpoints, and a nose tip point (see paragraph 0077 Figure 11,
the feature point extracting unit may extract corner or boundary pints of each object as the feature
point of the image, feature points may be included in the eyes, a noise, and a mouth of a face. Figure
11 shows the first image 1110 with feature points 1101 which have multiple feature points along the
outline right and left eye and mouth [pair of feature points], additional shows a feature point on
the nose.), and
wherein the predetermined detection area comprises an orbital area of the face
(see paragraph 102, the detection of feature points in a region
corresponding to eyes [orbital region]).
Kim, Nishio, and Sung do not teach the predetermined detection area comprises an orbital area of the face and an infraorbital area of the face.
Kitajima teaches the predetermined detection area comprises an orbital area of the face and an
infraorbital area of the face (see paragraph 0051-0052, and Figure 5, the setting of facial region frames
around the right 501 and left cheek 502 [infraorbital area of the face] which are used for evaluation).
Kim, Nishio, Sung and Kitajima are analogous art because they are from the same field of endeavor of a device for using face detection device with the use detection features and illumination suitability.
Before the effective filling date of the invention, it would have been obvious to one of ordinary
skill in the art to modify Kim and Sung to use the infraorbital and orbital area of the face as the predetermined area as taught by Kitajima. The motivation for doing so would have been to allow for the vitals to be measured using the skin (Kitajima, paragraph 0053).
Regarding claim 11, Kim, Nishio, and Sung teach the display device of claim 1.
Kim teaches the one or more instructions, when executed by the at least one processor, further cause the display device to (see paragraph 0190, when the processor executes the instructions, the processor performs the methods and functions of the electronic device):
obtain
illuminated environment and second image information obtained in an unilluminated environment (see
paragraph 0089 and 0094, the obtaining of a first image using a first exposure configuration and the
obtaining of a second image using a second exposure configuration [changing exposure directly
changes the illumination]), the first image information and the second image information being
received from the external device (see paragraph 142, the input/output interface transfers data input
from an external device), and
transmit illuminance information
device (see paragraph 142, the input/output interface transfers data from elements of the electronic
device [including an illumination sensor, Fig 15] to an external device).
Kim, Nishio, and Sung do not teach obtain a skin reflection coefficient of the patient, and illuminance information corresponding to the skin coefficient.
Kitajima teaches obtain a skin reflection coefficient of the patient (see paragraph 0061, the use
of specular reflection based on the ratio of specular reflection pixels in the facial region presented as
a value), and illuminance information corresponding to the skin coefficient (see paragraph 0065,
environmental suitability information that includes illumination values and specular reflection
values).
Kim, Sung and Kitajima are analogous art because they are from the same field of endeavor of a device for using face detection device with the use detection features and illumination suitability.
Before the effective filling date of the invention, it would have been obvious to one of ordinary
skill in the art to modify Kim and Sung to obtain a skin reflection coefficient as taught by Kitajima. The motivation for doing so would have been to determine how suitable the region is for measuring vitals (Kitajima, paragraphs 0061-0062).
Claim 15 is analogous method to the apparatus of claim 11, thus is analyzed and rejected similar
to claim 11.
Examiner’s note
Please note that no prior art rejection has been made to claims 9, 13, and 14.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see the attached 892 notice of reference cited.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMILY R. HAUK whose telephone number is (571)272-5966. The examiner can normally be reached M-F 8:00-5:00.
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/EMILY ROSE HAUK/Examiner, Art Unit 2669 /CHAN S PARK/Supervisory Patent Examiner, Art Unit 2669
