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 .
DETAILED ACTION
INFORMATION DISCLOSURE STATEMENT
The information disclosure statement (IDS) submitted on 07/18/2024, 09/24/2024, 03/14/2025 & 02/11/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
NOTICE OF PRELIMINARY AMENDMENT
The Examiner acknowledges the amended claims filed on 05/17/2024.
- Claims 4-5, 7, 12-15 & 20-22 have been amended.
- Claims 3, 6, 9 & 19 have been cancelled.
ALLOWABLE SUBJECT MATTER
Claims 7-8, 10-14 & 24 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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 of this title, 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 1-2, 4, 7, 15-18 & 20-23 are rejected under 35 U.S.C. 103 as being unpatentable over
Markwardt et al. (U.S. Publication 2011/0058725) in view of Fang et al. (U.S. Publication 2021/0120255)
As to claims 1, 17 & 23, Markwardt discloses a radiographic imaging device configured to acquire a radiographic image of the subject ([0022] discloses x ray source 42 and x ray detector 46); a processor ([0023] discloses the processor computer. See Under the control of a computer 60 including one or more processor.); and a memory ([0053] discloses the computer or processor executes a set of instructions that are stored in one or more storage elements. ) coupled to the processor, the memory storing instructions that, when executed by the processor, perform a set of operations comprising: receiving from the radiographic imaging device a first data set representing a radiographic image of the subject, the first data having a first dimensionality ([0023] discloses x-ray source 42, x-ray detector 46 communicate with a computer 60 & module 70 utilizes the scan data or scanned image.); and mapping data derived from the radiographic scan/image to anthropometric parameters ([0044] discloses calculating circumference. [0004] discloses determining a circumference are calculated.).
Markwardt is silent to transforming the first data set to a second data set having a second dimensionality, the second dimensionality being lower than the first dimensionality.
However, Fang discloses transforming the first data set to a second data set having a second dimensionality, the second dimensionality being lower than the first dimensionality. (114 autoencoder(s), Fig. 1 & [0025] discloses dimensionality reduction. See wherein autoencoders 114 can perform dimensionality reduction. Also see [0025] discloses encoding to generate a side information bitstream. Examiner submits side information bitstream/encoding is equivalent to a second data set (lower dimensional representation). [0025] discloses autoencoders 114 are a type of artificial neural network. [0022] discloses downscaling a raw image generating a scaled image (e.g. lower quality image))
It would have been obvious to one of ordinary skill in the art at the time of effective filing to modify Markwardt’s disclosure to include the above limitations in order to reduce the amount of image data that must be stored/transmitted/processed while still enabling the system to compute anthropometric parameters (e.g. circumference) from radiographic image data.
As to claims 2 & 18, Markwardt in view of Fang discloses everything as disclosed in claims 1 & 17. In addition, Markwardt discloses wherein acquiring the first data set comprises acquiring an X-ray image data set. ([0004 & 0030] discloses dual energy x-scan.)
As to claim 4, Markwardt in view of Fang discloses everything as disclosed in claim 1. In addition, Fang discloses wherein transforming the first data set to the second data set comprises performing machine learning. [0025] discloses autoencoders 114 are a type of artificial neural network.)
As to claims 15 & 21, Markwardt in view of Fang discloses everything as disclosed in claims 1 & 17. In addition, Markwardt discloses wherein acquiring the first data set comprises acquiring the first data set representing a radiographic image of a sub-region of a body of the subject. ([0028] discloses region specific scans may be performed where only a portion or region is scanned. )
As to claims 16 & 22, Markwardt in view of Fang discloses everything as disclosed in claims 1 & 17. In addition, Markwardt discloses wherein acquiring the first data set representing a radiographic image of the sub-region of the body comprises acquiring the first data set representing at least one of an arm, a thigh, a torso, a foreleg, a forearm, and a head. ([0029] discloses arms/legs are calculated.)
As to claim 20, Markwardt in view of Fang discloses everything as disclosed in claim 17. In addition, Fang discloses an output device operatively coupled to the processor, wherein the set of instructions further comprises generating at the output device an output indicative of one or more of the anthropometric parameter represented by the third data set. (94, Fig. 3 & [0047] discloses calculating circumference may be displayed at 94.)
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Markwardt et al. (U.S. Publication 2011/0058725) in view of Fang et al. (U.S. Publication 2021/0120255) as applied in claim 1, above further in view of Payton (U.S. Publication 2004/0258301)
As to claim 5, Markwardt in view of Fang discloses everything as disclosed in claim 1 but is silent to wherein transforming the first data set to the second data set comprises performing, using the processor, a principal component analysis on the first data set.
However, Payton discloses wherein transforming the first data set to the second data set comprises performing, using the processor, a principal component analysis on the first data set. ([0034] discloses the intrinsic color information includes value sets in a principal components space signal format. [0045] discloses eigenvalues and eigenvectors represent covariance matrix.)
It would have been obvious to one of ordinary skill in the art at the time of effective filing to modify Markwardt in view of Fang’s disclosure to include the above limitations in order to achieve a known, computationally efficient dimensionality-reduction transform for the radiographic image data.
CONCLUSION
No prior art has been found for claims 7-8, 10-14 & 24 in their current form.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Stephen P Coleman whose telephone number is (571)270-5931. The examiner can normally be reached Monday-Thursday 8AM-5PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew Moyer can be reached at (571) 272-9523. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
Stephen P. Coleman
Primary Examiner
Art Unit 2675
/STEPHEN P COLEMAN/Primary Examiner, Art Unit 2675