DETAILED ACTION
Non-Final Rejection
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim limitation “probability image generator, region divider, region generator, resolving power converter, outputter” (as cited in claim 11) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description discloses the corresponding structure, material, or acts for performing the entire claimed functions (such units) and to clearly link the structure, material, or acts to the function based on current application discloser, see [0056] of current discloser pGPub, where it deccrbes such elements are fictional steps and excocted by processor.
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 § 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 1-12 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1
Each of claims 1-12 falls within one of the four statutory categories. See MPEP § 2106.03. For example, each of claims 1-9 fall within category of process; for example, each of claims 10-12 fall within category of machine, i.e., a “concrete thing, consisting of parts, or of certain devices and combination of devices.” Digitech, 758 F.3d at 1348–49, 111 USPQ2d at 1719 (quoting Burr v. Duryee, 68 U.S. 531, 570, 17 L. Ed. 650, 657 (1863)).
Regarding Claims 1-9
Step 2A – Prong 1
Exemplary claim 1 is directed to an abstract idea of estimation method of estimating a core body temperature.
The abstract idea is set forth or described by the following italicized limitations:
1. A core body temperature estimation method of estimating a core body temperature of a person, the core body temperature estimation method comprising:
obtaining a target thermal image that shows a radiation temperature distribution of a target space including a face of the person;
generating a region probability image that shows a probability of each of a plurality of pixels in the target thermal image obtained corresponding to each of one or more face parts of the person;
dividing the target thermal image into one or more face part regions corresponding to the one or more face parts, based on the region probability image generated;
generating an estimation target region that includes, among the one or more face part regions, a region to be used to estimate the core body temperature of the person;
converting, of the target thermal image, a partial thermal image corresponding to the estimation target region generated to an image of a predetermined resolving power and converting, of the region probability image, a partial region probability image corresponding to the estimation target region generated to the predetermined resolving power; and
outputting an estimated value of the core body temperature of the person by inputting the partial thermal image converted to the predetermined resolving power and the partial region probability image converted to the predetermined resolving power into a body temperature estimation model trained and by causing the trained body temperature estimation model to calculate the estimated value of the core body temperature of the person..
The italicized limitations above represent a mathematical concept (i.e., a process that can be performed by mathematical relationships or rules or idea) . Therefore, the italicized limitations fall within the subject matter groupings of abstract ideas enumerated in Section I of the 2019 Revised Patent Subject Matter Eligibility Guidance.
For example, the limitations “generating a region probability [..]; dividing the target thermal image [..]; generating an estimation target region [..]; converting, of the target thermal image, a partial thermal image corresponding to the estimation target region [..]; and outputting an estimated value of the core body temperature [..]the estimated value of the core body temperature of the person.” are mathematical concepts(i.e., a process that can be performed by mathematical relationships or rules or idea), and/or mental step (i.e., a process that can be performed by can be performed mentally and/or with pen and paper or a mental judgment), see 2106.04(a)(2). Limitations are considered together as a single abstract idea for further analysis. (discussing Bilski v. Kappos, 561 U.S. 593 (2010)).
Step 2A – Prong 2
Claims 1 does not include additional elements (when considered individually, as an ordered combination, and/or within the claim as a whole) that are sufficient to integrate the abstract idea into a practical application.
For example, only additional element is “obtaining a target thermal image that shows a radiation temperature distribution of a target space including a face of the person” to be performed, at least in-part, these additional elements appear to only add insignificant extra-solution activity (e.g., field of use/ data gathering) and only generally link the abstract idea to a particular field. Therefore, this element individually or as a whole does not provide a practical application. See MPEP 2106.05(g)..
In view of the above, the “additional elements” individually do not provide a practical application of the abstract idea. Furthermore, the “additional elements” in combination amount to a generic computer components with computer software, where such computers and software amount to mere instructions to implement the abstract idea on a computer(s) and/or mere use of a generic system with computer component(s) as a tool to perform the abstract idea. Therefore, these elements in combination do not provide a practical application. The combination of additional elements does no more than generally link the use of the abstract idea to a particular technological environment, and for this additional reason, the combination of additional elements does not provide a practical application of the abstract idea..
Step 2B
Claims1 does not include additional elements, when considered individually and as an ordered combination, that are sufficient to amount to significantly more than the abstract idea. For brevity only, those reasons are not repeated in this section. See MPEP §§ 2106.05(g) and MPEP §§2106.05(II).
Dependent Claims 2-9
Dependent claims 2-9 fail to cure this deficiency of independent claim 1 (set forth above) and are rejected accordingly. Particularly, claims 2-9 recite limitations that represent (in addition to the limitations already noted above) either the abstract idea or an additional element that is merely extra-solution activity, mere use of instructions and/or generic computer component(s) as a tool to implement the abstract idea, and/or merely limits the abstract idea to a particular technological environment.
For example, the limitations Claim 2-9 represent details of abstract idea of mathematical concept (i.e., a process that can be performed by mathematical relationships or rules or idea) .
Claims 10-12
Claims 10-12 contains language similar to claims 1-9 as discussed in the preceding paragraphs, and for reasons similar to those discussed above, claims 10-12 are also rejected under 35 U.S.C. § 101(abstract idea).
Examiner Notes
Although there are no prior art rejections for Claims 1-12, specifically claims 1 and 11 the Examiner cannot comment on their allowability until all the rejections under 35 U.S.C 101 is satisfactorily addressed. However, closest prior art fail to teach the limitation of claim 1 and 11, e.g. ” generating a region probability image that shows a probability of each of a plurality of pixels in the target thermal image obtained corresponding to each of one or more face parts of the person; dividing the target thermal image into one or more face part regions corresponding to the one or more face parts, based on the region probability image generated; generating an estimation target region that includes, among the one or more face part regions, a region to be used to estimate the core body temperature of the person; converting, of the target thermal image, a partial thermal image corresponding to the estimation target region generated to an image of a predetermined resolving power and converting, of the region probability image, a partial region probability image corresponding to the estimation target region generated to the predetermined resolving power; and outputting an estimated value of the core body temperature of the person by inputting the partial thermal image converted to the predetermined resolving power and the partial region probability image converted to the predetermined resolving power into a body temperature estimation model trained and by causing the trained body temperature estimation model to calculate the estimated value of the core body temperature of the person”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
a) US 2024/0016401: disclose a system for predicting clinical and non-clinical outcomes of a subject. The system includes a pulse reading module capable of determining the heart rate; a imaging module capable of capturing images of a target area; and a quantification module communicating with the pulse reading module and the imaging module. The quantification module is capable of processing the heart rate and the images for determining the core body temperature. The system also includes an output module communicating with the quantification module. The output module can display divergence between actual and predicted dataset of the variations of individual pulses.
b) US 2022/0067921: disclose temperature may sometimes be interchanged with, and/or refer to, likelihood of fever. For example, in addition to, or alternatively to measure the temperature, a likelihood of fever is measured. The likelihood of fever may be a binary indication, e.g., fever or no fever, or a probability value indicative of likelihood of fever (e.g., in the range of 0-100%). The likelihood of fever may be according to a temperature threshold, e.g., temperature above the threshold denotes fever, or temperature below the threshold denotes no fever. Alternatively, the specific temperature is not necessarily measured, but another value such as pixel intensity value of thermal images at the upper tongue region is measured, and the likelihood of fever is determined accordingly, without necessarily providing an indication of temperature and/or providing the indication of temperature.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMAD K ISLAM whose telephone number is (571)270-0328. The examiner can normally be reached M-F 9:00 a.m. - 5:00 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelby A Turner can be reached at 571-272-6334. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMMAD K ISLAM/Primary Examiner, Art Unit 2857
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