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, see remarks, filed 06/30/2026, with respect to claims 1-10, have been fully considered, but are moot because the arguments do not apply to the current references and current combinations of references being used in the current rejection.
The applicant argues on page 11, “the colorized surface (132) of ADIRI depicts only a single positioning mark (410). Paragraph [0053] also merely recites “one or more positioning marks 410,” and there is no disclosure anywhere in ADIRI of four markers being disposed at the respective corners of the color chart. In other words, ADIRI does not disclose the very configuration of four independent markers corresponding to the first, second, third, and fourth markers of Claim 1.”
In response, the office does not find this argument to be persuasive. The office would like to respectfully bring to the applicant’s attention that although ADIRI’s FIG. 4 depicts only a single positioning mark (410), Paragraph [0053] of ADIRI explicitly states “colorized surface 132 may also include one or more positioning marks 410 that may be used for image processing purposes and/or for positioning colorized surface 132 (and for positioning other elements of colorized surface 132, such as colored reference elements 405) accurately with respect to wound 400.” Thus, the broadest reasonable interpretation in light of the disclosure of “one or more positioning marks” encompasses a plurality of markers. Additionally, the office would like to respectfully bring to the applicant’s attention that ADIRI is cited to teach the limitations of acquiring locations of a first, second, third, and fourth marker; the limitations of claim 1 said to be taught by ADIRI do not include any recitations of “four independent markers” that would specify the samples are distinct or different from one another.
Based on the breadth of the claim language the prior art by ADIRI et al. (US 20210142890 A1), explicitly teaches acquiring a measured image including the color chart (Fig. 4, Paragraph [0047] – ADIRI discloses user 110 may use mobile communications device 115 to capture an image 130 that includes a colorized surface 132 and a skin feature 134 [wherein colorized surface 132 is the color chart].);
acquiring a location of a first marker included in the color chart based on the measured image (Fig. 4, Paragraph [0053] – ADIRI discloses colorized surface 132 [wherein colorized surface 132 is the color chart] may also include one or more positioning marks 410 [wherein one or more positioning marks 410 includes a first marker] that may be used for image processing purposes and/or for positioning colorized surface 132 (and for positioning other elements of colorized surface 132, such as colored reference elements 405) accurately with respect to wound 400. Moreover, positioning marks 410 may provide a reference of a known dimension that may be used to estimate a size, orientation, and/or a form of wound 400.);
acquiring a location of a second marker included in the color chart based on the measured image (Fig. 4, Paragraph [0053] – ADIRI discloses colorized surface 132 may also include one or more positioning marks 410 [wherein one or more positioning marks 410 includes a second marker] that may be used for image processing purposes and/or for positioning colorized surface 132 (and for positioning other elements of colorized surface 132, such as colored reference elements 405) accurately with respect to wound 400. Moreover, positioning marks 410 may provide a reference of a known dimension that may be used to estimate a size, orientation, and/or a form of wound 400.);
acquiring a location of a third marker included in the color chart based on the measured image (Fig. 4, Paragraph [0053] – ADIRI discloses colorized surface 132 may also include one or more positioning marks 410 [wherein one or more positioning marks 410 includes a third marker] that may be used for image processing purposes and/or for positioning colorized surface 132 (and for positioning other elements of colorized surface 132, such as colored reference elements 405) accurately with respect to wound 400. Moreover, positioning marks 410 may provide a reference of a known dimension that may be used to estimate a size, orientation, and/or a form of wound 400.);
acquiring a location of a fourth marker included in the color chart based on the measured image (Fig. 4, Paragraph [0053] – ADIRI discloses colorized surface 132 may also include one or more positioning marks 410 [wherein one or more positioning marks 410 includes a fourth marker] that may be used for image processing purposes and/or for positioning colorized surface 132 (and for positioning other elements of colorized surface 132, such as colored reference elements 405) accurately with respect to wound 400. Moreover, positioning marks 410 may provide a reference of a known dimension that may be used to estimate a size, orientation, and/or a form of wound 400.);
The applicant argues on page 12, “step 710 of ADIRI concerns “how to process an already-acquired image,” whereas Configuration 1 of Claim 1 of the present application concerns “under what conditions an image is to be acquired (finalized),” and these are fundamentally different in terms of the timing and purpose of processing.”
In response, the office does not find this argument to be persuasive. Based on the breadth of the claim language, the prior art by ADIRI et al. (US 20210142890 A1), explicitly teaches wherein the acquiring of the measured image including the color chart (Fig. 4, Paragraph [0047] – ADIRI discloses user 110 may use mobile communications device 115 to capture an image 130 that includes a colorized surface 132 and a skin feature 134 [wherein colorized surface 132 is the color chart]. Paragraph [0046] – ADIRI discloses skin feature 134 may be captured weekly or even monthly for monitoring potentially cancerous features or developments. When collecting such data over a period of time, an additional step may be added for verifying that the correction of image 130 is consistent across the time period in which the data was collected [wherein image 130 following corrections is the measured image]. Correcting image 130 may further include taking into account illumination conditions and capturing parameters associated with previously captured images.) includes:
acquiring a preview image including the color chart (Fig. 4, Paragraph [0047] – ADIRI discloses user 110 may use mobile communications device 115 to capture an image 130 that includes a colorized surface 132 and a skin feature 134 [wherein colorized surface 132 is the color chart]. Paragraph [0046] – ADIRI discloses skin feature 134 may be captured weekly or even monthly for monitoring potentially cancerous features or developments. When collecting such data over a period of time, an additional step may be added for verifying that the correction of image 130 is consistent across the time period in which the data was collected [wherein image 130 prior to subsequent captured images or corrections is a preview image]. Correcting image 130 may further include taking into account illumination conditions and capturing parameters associated with previously captured images.);
The applicant argues on page 17, “the color measurement control unit (106) of SUZUKI merely discloses a configuration in which the image data obtained by the imaging unit (30) after the reference chart (KC) has already been captured is processed after the fact to specify the positions of the markers (mk). SUZUKI only discloses a configuration that processes already-captured images, and there is no disclosure anywhere in the entire specification of SUZUKI of a configuration that calculates y-axis and x-axis difference values between markers in a preview image stage before imaging, determines whether all four difference values are within the critical distance, and automatically finalizes the preview image as the measured image. Accordingly, SUZUKI neither discloses nor suggests Configuration 1.” The applicant further states on page 19, “WOODS is related to a trackable glasses system that provides multiple views of a shared display, and merely discloses a configuration of analyzing images captured by a camera to calculate the position and orientation of the glasses. Fig. 44A and Paragraph [0203] of WOODS disclose a configuration of determining sub points by bisecting two vertical lines (items 4408 and 4410), and obtaining center points using a horizontal line connecting them. However, there is no disclosure anywhere in the entire specification of WOODS of a configuration for automatically determining image acquisition conditions by calculating y-axis and x-axis difference values between markers from a preview image before imaging and comparing them with a critical distance. Accordingly, WOODS neither discloses nor suggests Configuration 1.”
In response to applicant’s arguments against the references individually, one cannot show non-obviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
The prior arts ADIRI (US 20210142890 A1) in view of HAMMOND (US 20190212311 A1) were previously used in combination to reject claim 1.
The office would like to bring to the applicant’s attention that claim 1 is now rejected under 35 U.S.C. 103 as being unpatentable over ADIRI (US 20210142890 A1), hereinafter referenced as ADIRI in view of HAMMOND (US 20190212311 A1), hereinafter referenced as HAMMOND in further view of ROACH (US 20170270508 A1), hereinafter referenced as ROACH in further view of OH (US 20230116619 A1), hereinafter referenced as OH in further view of SUZUKI (US 20130242319 A1), hereinafter referenced as SUZUKI.
In response, the office does not find this argument to be persuasive. Based on the breadth of the claim language, the prior art by ADIRI teaches a method of operating an apparatus for managing a wound that captures a color chart (Fig. 10, Paragraph [0090] – ADIRI discloses FIG. 10 is a flowchart of an example process 1000 for conducting image processing of wound images executed by a processing device of system 100, according to embodiments of the present disclosure.), comprising:
acquiring a measured image including the color chart (Fig. 4, Paragraph [0047] – ADIRI discloses user 110 may use mobile communications device 115 to capture an image 130 that includes a colorized surface 132 and a skin feature 134 [wherein colorized surface 132 is the color chart].);
acquiring a location of a first marker included in the color chart based on the measured image (Fig. 4, Paragraph [0053] – ADIRI discloses colorized surface 132 [wherein colorized surface 132 is the color chart] may also include one or more positioning marks 410 [wherein one or more positioning marks 410 includes a first marker] that may be used for image processing purposes and/or for positioning colorized surface 132 (and for positioning other elements of colorized surface 132, such as colored reference elements 405) accurately with respect to wound 400. Moreover, positioning marks 410 may provide a reference of a known dimension that may be used to estimate a size, orientation, and/or a form of wound 400.);
acquiring a location of a second marker included in the color chart based on the measured image (Fig. 4, Paragraph [0053] – ADIRI discloses colorized surface 132 may also include one or more positioning marks 410 [wherein one or more positioning marks 410 includes a second marker] that may be used for image processing purposes and/or for positioning colorized surface 132 (and for positioning other elements of colorized surface 132, such as colored reference elements 405) accurately with respect to wound 400. Moreover, positioning marks 410 may provide a reference of a known dimension that may be used to estimate a size, orientation, and/or a form of wound 400.);
acquiring a location of a third marker included in the color chart based on the measured image (Fig. 4, Paragraph [0053] – ADIRI discloses colorized surface 132 may also include one or more positioning marks 410 [wherein one or more positioning marks 410 includes a third marker] that may be used for image processing purposes and/or for positioning colorized surface 132 (and for positioning other elements of colorized surface 132, such as colored reference elements 405) accurately with respect to wound 400. Moreover, positioning marks 410 may provide a reference of a known dimension that may be used to estimate a size, orientation, and/or a form of wound 400.);
acquiring a location of a fourth marker included in the color chart based on the measured image (Fig. 4, Paragraph [0053] – ADIRI discloses colorized surface 132 may also include one or more positioning marks 410 [wherein one or more positioning marks 410 includes a fourth marker] that may be used for image processing purposes and/or for positioning colorized surface 132 (and for positioning other elements of colorized surface 132, such as colored reference elements 405) accurately with respect to wound 400. Moreover, positioning marks 410 may provide a reference of a known dimension that may be used to estimate a size, orientation, and/or a form of wound 400.);
wherein the acquiring of the measured image including the color chart (Fig. 4, Paragraph [0047] – ADIRI discloses user 110 may use mobile communications device 115 to capture an image 130 that includes a colorized surface 132 and a skin feature 134 [wherein colorized surface 132 is the color chart]. Paragraph [0046] – ADIRI discloses skin feature 134 may be captured weekly or even monthly for monitoring potentially cancerous features or developments. When collecting such data over a period of time, an additional step may be added for verifying that the correction of image 130 is consistent across the time period in which the data was collected [wherein image 130 following corrections is the measured image]. Correcting image 130 may further include taking into account illumination conditions and capturing parameters associated with previously captured images.) includes:
acquiring a preview image including the color chart (Fig. 4, Paragraph [0047] – ADIRI discloses user 110 may use mobile communications device 115 to capture an image 130 that includes a colorized surface 132 and a skin feature 134 [wherein colorized surface 132 is the color chart]. Paragraph [0046] – ADIRI discloses skin feature 134 may be captured weekly or even monthly for monitoring potentially cancerous features or developments. When collecting such data over a period of time, an additional step may be added for verifying that the correction of image 130 is consistent across the time period in which the data was collected [wherein image 130 prior to subsequent captured images can be a preview image]. Correcting image 130 may further include taking into account illumination conditions and capturing parameters associated with previously captured images.);
acquiring the location of the first marker included in the color chart based on the preview image (Fig. 4, Paragraph [0053] – ADIRI discloses colorized surface 132 [wherein colorized surface 132 is the color chart] may also include one or more positioning marks 410 [wherein one or more positioning marks 410 includes a first marker] that may be used for image processing purposes and/or for positioning colorized surface 132 (and for positioning other elements of colorized surface 132, such as colored reference elements 405) accurately with respect to wound 400. Moreover, positioning marks 410 may provide a reference of a known dimension that may be used to estimate a size, orientation, and/or a form of wound 400.);
acquiring the location of the second marker included in the color chart based on the preview image (Fig. 4, Paragraph [0053] – ADIRI discloses colorized surface 132 may also include one or more positioning marks 410 [wherein one or more positioning marks 410 includes a second marker] that may be used for image processing purposes and/or for positioning colorized surface 132 (and for positioning other elements of colorized surface 132, such as colored reference elements 405) accurately with respect to wound 400. Moreover, positioning marks 410 may provide a reference of a known dimension that may be used to estimate a size, orientation, and/or a form of wound 400.);
acquiring the location of the third marker included in the color chart based on the preview image (Fig. 4, Paragraph [0053] – ADIRI discloses colorized surface 132 may also include one or more positioning marks 410 [wherein one or more positioning marks 410 includes a third marker] that may be used for image processing purposes and/or for positioning colorized surface 132 (and for positioning other elements of colorized surface 132, such as colored reference elements 405) accurately with respect to wound 400. Moreover, positioning marks 410 may provide a reference of a known dimension that may be used to estimate a size, orientation, and/or a form of wound 400.);
acquiring the location of the fourth marker included in the color chart based on the preview image (Fig. 4, Paragraph [0053] – ADIRI discloses colorized surface 132 may also include one or more positioning marks 410 [wherein one or more positioning marks 410 includes a fourth marker] that may be used for image processing purposes and/or for positioning colorized surface 132 (and for positioning other elements of colorized surface 132, such as colored reference elements 405) accurately with respect to wound 400. Moreover, positioning marks 410 may provide a reference of a known dimension that may be used to estimate a size, orientation, and/or a form of wound 400.);
ADIRI fails to explicitly teach and acquiring center points of a plurality of color patches included in the color chart based on the location of the first marker, the location of the second marker, the location of the third marker, and the location of the fourth marker,
However, HAMMOND explicitly teaches and acquiring center points of a plurality of color patches included in the color chart based on the location of the first marker, the location of the second marker, the location of the third marker, and the location of the fourth marker (Fig. 39, Paragraph [0067] – HAMMOND discloses a center point is defined for each of the plurality of color blocks, and the center points are defined from alignment indicators [wherein alignment indicators are comprised of the first, second, third, fourth marker] positioned on either side of the color calibration strip.),
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date the claimed invention was made to combine the teachings of ADIRI of having a method of operating an apparatus for managing a wound that captures a color chart, comprising: acquiring a measured image including the color chart; acquiring a location of a first marker included in the color chart based on the measured image; acquiring a location of a second marker included in the color chart based on the measured image; acquiring a location of a third marker included in the color chart based on the measured image; acquiring a location of a fourth marker included in the color chart based on the measured image; wherein the acquiring of the measured image including the color chart includes: acquiring a preview image including the color chart; acquiring the location of the first marker included in the color chart based on the preview image; acquiring the location of the second marker included in the color chart based on the preview image; acquiring the location of the third marker included in the color chart based on the preview image; acquiring the location of the fourth marker included in the color chart based on the preview image; with the teachings of HAMMOND having and acquiring center points of a plurality of color patches included in the color chart based on the location of the first marker, the location of the second marker, the location of the third marker, and the location of the fourth marker.
Wherein having ADIRI’S method wherein having and acquiring center points of a plurality of color patches included in the color chart based on the location of the first marker, the location of the second marker, the location of the third marker, and the location of the fourth marker.
The motivation behind the modification would have been to provide an enhanced method of medical examination to improve accuracy and the effectiveness of medical treatment, since both ADIRI and HAMMOND relate to wound care management, wherein ADIRI relates to providing new and improved ways for using personal communications devices for medical examination of skin features, and determined medical action may be intended to increase effectiveness of the medical treatment, and HAMMOND describes devices, wound dressings, and methods for determining the pH of fluid or a wound exudate at a wound, reducing the variation caused by color blindness or other differences in color perception between individuals, and thus improving accuracy compared to the subjective human determinations. Please see ADIRI (US 20210142890 A1), Paragraph [0005, 0057] and HAMMOND (US 20190212311 A1), Paragraph [0049].
ADIRI in view of HAMMOND fail to explicitly teach determining whether a first difference value between a y-axis value of the location of the first marker and a y-axis value of the location of the second marker is within a critical distance; determining whether a second difference value between a y-axis value of the location of the third marker and a y-axis value of the location of the fourth marker is within the critical distance; determining whether a third difference value between an x-axis value of the location of the first marker and an x-axis value of the location of the third marker is within the critical distance; determining whether a fourth difference value between an x-axis value of the location of the second marker and an x-axis value of the location of the fourth marker is within the critical distance; and in response to determining that the first difference value, the second difference value, the third difference value, and the fourth difference value are all within the critical distance, acquiring the preview image as the measured image,
However, ROACH explicitly teaches determining whether a first difference value between a y-axis value of the location of the first marker and a y-axis value of the location of the second marker is within a critical distance (Fig. 38, Paragraph [0415] – ROACH discloses the four corners [wherein a corner is a marker] are received as an array of x and y coordinates C[I], where I is equal to the values 1-4 representing the four corners of the document. Paragraph [0416] – ROACH further discloses a determination is made whether the selected corner of the document is within the mobile document image (step 3425). According to an embodiment, the document subimage has four side and each side S[I] includes two adjacent corners C1[I] and C2[I]. A side is deemed to be cut-off if the corners comprising the side are on the edge of the mobile image. In an embodiment, a side of the document is cut-off if any of the following criteria are met: (1) C1[I].x=C2[I].x=0, where x=the x-coordinate of the corner (2) C1[I].x=C2[I].x=Width, where Width=the width of the mobile image (3) C1[I].y=C2[I].y=0, where y=the y-coordinate of the corner (4) C1[I].y=C2[I].y=Height, where Height=the height of the mobile image.);
determining whether a second difference value between a y-axis value of the location of the third marker and a y-axis value of the location of the fourth marker is within the critical distance (Fig. 38, Paragraph [0415] – ROACH discloses the four corners [wherein a corner is a marker] are received as an array of x and y coordinates C[I], where I is equal to the values 1-4 representing the four corners of the document. Paragraph [0416] – ROACH further discloses a determination is made whether the selected corner of the document is within the mobile document image (step 3425). According to an embodiment, the document subimage has four side and each side S[I] includes two adjacent corners C1[I] and C2[I]. A side is deemed to be cut-off if the corners comprising the side are on the edge of the mobile image. In an embodiment, a side of the document is cut-off if any of the following criteria are met: (1) C1[I].x=C2[I].x=0, where x=the x-coordinate of the corner (2) C1[I].x=C2[I].x=Width, where Width=the width of the mobile image (3) C1[I].y=C2[I].y=0, where y=the y-coordinate of the corner (4) C1[I].y=C2[I].y=Height, where Height=the height of the mobile image.);
determining whether a third difference value between an x-axis value of the location of the first marker and an x-axis value of the location of the third marker is within the critical distance (Fig. 38, Paragraph [0415] – ROACH discloses the four corners [wherein a corner is a marker] are received as an array of x and y coordinates C[I], where I is equal to the values 1-4 representing the four corners of the document. Paragraph [0416] – ROACH further discloses a determination is made whether the selected corner of the document is within the mobile document image (step 3425). According to an embodiment, the document subimage has four side and each side S[I] includes two adjacent corners C1[I] and C2[I]. A side is deemed to be cut-off if the corners comprising the side are on the edge of the mobile image. In an embodiment, a side of the document is cut-off if any of the following criteria are met: (1) C1[I].x=C2[I].x=0, where x=the x-coordinate of the corner (2) C1[I].x=C2[I].x=Width, where Width=the width of the mobile image (3) C1[I].y=C2[I].y=0, where y=the y-coordinate of the corner (4) C1[I].y=C2[I].y=Height, where Height=the height of the mobile image.);
determining whether a fourth difference value between an x-axis value of the location of the second marker and an x-axis value of the location of the fourth marker is within the critical distance (Fig. 38, Paragraph [0415] – ROACH discloses the four corners [wherein a corner is a marker] are received as an array of x and y coordinates C[I], where I is equal to the values 1-4 representing the four corners of the document. Paragraph [0416] – ROACH further discloses a determination is made whether the selected corner of the document is within the mobile document image (step 3425). According to an embodiment, the document subimage has four side and each side S[I] includes two adjacent corners C1[I] and C2[I]. A side is deemed to be cut-off if the corners comprising the side are on the edge of the mobile image. In an embodiment, a side of the document is cut-off if any of the following criteria are met: (1) C1[I].x=C2[I].x=0, where x=the x-coordinate of the corner (2) C1[I].x=C2[I].x=Width, where Width=the width of the mobile image (3) C1[I].y=C2[I].y=0, where y=the y-coordinate of the corner (4) C1[I].y=C2[I].y=Height, where Height=the height of the mobile image.);
and in response to determining that the first difference value, the second difference value, the third difference value, and the fourth difference value are all within the critical distance (Fig. 38, Paragraph [0422] – ROACH discloses if the side falls within the mobile image, a determination is made whether there are more sides to be tested (step 3425). If there are more sides to be tested, an untested side is selected (step 3415). Otherwise, all of the sides were within the mobile image, so the test result value for the test is set to 1000 indicating the test passed (step 3440), and the test result value is returned (step 3445).),
acquiring the preview image as the measured image (Fig. , Paragraph [0070] – ROACH discloses for each of the plurality of preview images, the system measures at least one parameter associated with the capturing of the preview image using the image capture device, and the at least one parameter is related to the ability to accurately extract text and other content from a captured preview image of the document. Next, the system selects a preview image among a subset of the plurality of preview images that passes the image quality measurement based in the at least one parameter. When a predetermined condition is met, the system chooses the selected preview image as a final captured image of the document.),
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date the claimed invention was made to combine the teachings of ADIRI in view of HAMMOND of having a method of operating an apparatus for managing a wound that captures a color chart, comprising: acquiring a measured image including the color chart; acquiring a location of a first marker included in the color chart based on the measured image; acquiring a location of a second marker included in the color chart based on the measured image; acquiring a location of a third marker included in the color chart based on the measured image; acquiring a location of a fourth marker included in the color chart based on the measured image; and acquiring center points of a plurality of color patches included in the color chart based on the location of the first marker, the location of the second marker, the location of the third marker, and the location of the fourth marker, wherein the acquiring of the measured image including the color chart includes: acquiring a preview image including the color chart; acquiring the location of the first marker included in the color chart based on the preview image; acquiring the location of the second marker included in the color chart based on the preview image; acquiring the location of the third marker included in the color chart based on the preview image; acquiring the location of the fourth marker included in the color chart based on the preview image; with the teachings of ROACH of having determining whether a first difference value between a y-axis value of the location of the first marker and a y-axis value of the location of the second marker is within a critical distance; determining whether a second difference value between a y-axis value of the location of the third marker and a y-axis value of the location of the fourth marker is within the critical distance; determining whether a third difference value between an x-axis value of the location of the first marker and an x-axis value of the location of the third marker is within the critical distance; determining whether a fourth difference value between an x-axis value of the location of the second marker and an x-axis value of the location of the fourth marker is within the critical distance; and in response to determining that the first difference value, the second difference value, the third difference value, and the fourth difference value are all within the critical distance, acquiring the preview image as the measured image.
Wherein having ADIRI’s method wherein having determining whether a first difference value between a y-axis value of the location of the first marker and a y-axis value of the location of the second marker is within a critical distance; determining whether a second difference value between a y-axis value of the location of the third marker and a y-axis value of the location of the fourth marker is within the critical distance; determining whether a third difference value between an x-axis value of the location of the first marker and an x-axis value of the location of the third marker is within the critical distance; determining whether a fourth difference value between an x-axis value of the location of the second marker and an x-axis value of the location of the fourth marker is within the critical distance; and in response to determining that the first difference value, the second difference value, the third difference value, and the fourth difference value are all within the critical distance, acquiring the preview image as the measured image.
The motivation behind the modification would have been to provide an enhanced method of medical examination to improve the effectiveness of medical treatment and reduce errors, since both ADIRI and ROACH relate generally to the field of image processing, wherein ADIRI relates to providing new and improved ways for using personal communications devices for medical examination of skin features, and determined medical action may be intended to increase effectiveness of the medical treatment, and ROACH describes automatic capture of an image of a financial or other document on a mobile device, and more particularly to automatically detecting and determining image quality on the mobile device prior to capturing the image of the document, to provide the user with tools and information to improve the quality of the image and decrease the chance of errors from poor image quality. Please see ADIRI (US 20210142890 A1), Paragraph [0005, 0057] and ROACH (US 20170270508 A1), Paragraph [0003, 0093].
ADIRI and HAMMOND in view of ROACH fail to explicitly teach wherein the first marker has a first shape, the second marker has a second shape different from the first shape, the third marker has a third shape different from the first shape and the second shape, and the fourth marker has a fourth shape different from the first shape, the second shape, and the third shape,
However, OH explicitly teaches wherein the first marker has a first shape (Fig. 5, Paragraph [0076] – OH discloses first to fifth marks 111-115 attached to the first to fifth measuring units 101-105 installed at different positions of the measurement target T may have different shapes, respectively.),
the second marker has a second shape different from the first shape (Fig. 5, Paragraph [0076] – OH discloses first to fifth marks 111-115 attached to the first to fifth measuring units 101-105 installed at different positions of the measurement target T may have different shapes, respectively. For example, the first mark 111 may have a star shape, and the second mark 112 may have a circular shape. Likewise, the third to fifth marks 113 to 115 may all have different shapes.),
the third marker has a third shape different from the first shape and the second shape (Fig. 5, Paragraph [0076] – OH discloses first to fifth marks 111-115 attached to the first to fifth measuring units 101-105 installed at different positions of the measurement target T may have different shapes, respectively. For example, the first mark 111 may have a star shape, and the second mark 112 may have a circular shape. Likewise, the third to fifth marks 113 to 115 may all have different shapes.),
and the fourth marker has a fourth shape different from the first shape, the second shape, and the third shape (Fig. 5, Paragraph [0076] – OH discloses first to fifth marks 111-115 attached to the first to fifth measuring units 101-105 installed at different positions of the measurement target T may have different shapes, respectively. For example, the first mark 111 may have a star shape, and the second mark 112 may have a circular shape. Likewise, the third to fifth marks 113 to 115 may all have different shapes.),
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date the claimed invention was made to combine the teachings of ADIRI and HAMMOND in view of ROACH of having a method of operating an apparatus for managing a wound that captures a color chart, comprising: acquiring a measured image including the color chart; acquiring a location of a first marker included in the color chart based on the measured image; acquiring a location of a second marker included in the color chart based on the measured image; acquiring a location of a third marker included in the color chart based on the measured image; acquiring a location of a fourth marker included in the color chart based on the measured image; and acquiring center points of a plurality of color patches included in the color chart based on the location of the first marker, the location of the second marker, the location of the third marker, and the location of the fourth marker, wherein the acquiring of the measured image including the color chart includes: acquiring a preview image including the color chart; acquiring the location of the first marker included in the color chart based on the preview image; acquiring the location of the second marker included in the color chart based on the preview image; acquiring the location of the third marker included in the color chart based on the preview image; acquiring the location of the fourth marker included in the color chart based on the preview image; determining whether a first difference value between a y-axis value of the location of the first marker and a y-axis value of the location of the second marker is within a critical distance; determining whether a second difference value between a y-axis value of the location of the third marker and a y-axis value of the location of the fourth marker is within the critical distance; determining whether a third difference value between an x-axis value of the location of the first marker and an x-axis value of the location of the third marker is within the critical distance; determining whether a fourth difference value between an x-axis value of the location of the second marker and an x-axis value of the location of the fourth marker is within the critical distance; and in response to determining that the first difference value, the second difference value, the third difference value, and the fourth difference value are all within the critical distance, acquiring the preview image as the measured image, with the teachings of OH of having wherein the first marker has a first shape, the second marker has a second shape different from the first shape, the third marker has a third shape different from the first shape and the second shape, and the fourth marker has a fourth shape different from the first shape, the second shape, and the third shape,
Wherein having ADIRI’s method wherein the first marker has a first shape, the second marker has a second shape different from the first shape, the third marker has a third shape different from the first shape and the second shape, and the fourth marker has a fourth shape different from the first shape, the second shape, and the third shape,
The motivation behind the modification would have been to provide an enhanced method of medical image processing that improves the effectiveness of medical treatment and optical characteristics of an image, since both ADIRI and OH relate to marker-based image processing, wherein ADIRI relates to providing new and improved ways for using personal communications devices for medical examination of skin features, and determined medical action may be intended to increase effectiveness of the medical treatment, and OH describes a static electricity visualization system; the image processing unit 500 may correct or improve optical characteristics by performing corrections such as white balance and color adjustment of the first photographed image of the photographing unit 200. Please see ADIRI (US 20210142890 A1), Paragraph [0005, 0057] and OH (US 20230116619 A1), Paragraph [0002, 0094].
ADIRI and HAMMOND in view of ROACH, further in view of OH, fail to explicitly teach and wherein the first marker is located at an upper left of the color chart, the second marker is located at an upper right of the color chart, the third marker is located at a lower left of the color chart, and the fourth marker is located at a lower right of the color chart.
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Annotated diagram of SUZUKI’s Fig. 7 illustrating reference chart KC.
However, SUZUKI explicitly teaches and wherein the first marker is located at an upper left of the color chart (Fig. 7, Paragraph [0074] – SUZUKI discloses the reference chart KC [wherein the reference chart KC is the color chart] contains a plurality of color-measurement reference color patch arrays Pa to Pd, a dot diameter measurement pattern array Pe, a distance measurement line lk, and a chart position specification marker mk, all of which are arranged on a surface (top surface) inside the frame 32. Paragraph [0076] – SUZUKI further discloses the chart position specification markers mk are arranged at four corners of the distance measurement line lk to to specify the position of each of the patches [wherein the chart position specification markers mk arranged at four corners include the first marker located at an upper left of the color chart; see annotated figure 7 above.].),
the second marker is located at an upper right of the color chart (Fig. 7, Paragraph [0074] – SUZUKI discloses the reference chart KC [wherein the reference chart KC is the color chart] contains a plurality of color-measurement reference color patch arrays Pa to Pd, a dot diameter measurement pattern array Pe, a distance measurement line lk, and a chart position specification marker mk, all of which are arranged on a surface (top surface) inside the frame 32. Paragraph [0076] – SUZUKI further discloses the chart position specification markers mk are arranged at four corners of the distance measurement line lk to to specify the position of each of the patches [wherein the chart position specification markers mk arranged at four corners include the second marker located at an upper right of the color chart; see annotated figure 7 above].),
the third marker is located at a lower left of the color chart (Fig. 7, Paragraph [0074] – SUZUKI discloses the reference chart KC [wherein the reference chart KC is the color chart] contains a plurality of color-measurement reference color patch arrays Pa to Pd, a dot diameter measurement pattern array Pe, a distance measurement line lk, and a chart position specification marker mk, all of which are arranged on a surface (top surface) inside the frame 32. Paragraph [0076] – SUZUKI further discloses the chart position specification markers mk are arranged at four corners of the distance measurement line lk to to specify the position of each of the patches [wherein the chart position specification markers mk arranged at four corners include the third marker located at a lower left of the color chart; see annotated figure 7 above].),
and the fourth marker is located at a lower right of the color chart (Fig. 7, Paragraph [0074] – SUZUKI discloses the reference chart KC [wherein the reference chart KC is the color chart] contains a plurality of color-measurement reference color patch arrays Pa to Pd, a dot diameter measurement pattern array Pe, a distance measurement line lk, and a chart position specification marker mk, all of which are arranged on a surface (top surface) inside the frame 32. Paragraph [0076] – SUZUKI further discloses the chart position specification markers mk are arranged at four corners of the distance measurement line lk to to specify the position of each of the patches [wherein the chart position specification markers mk arranged at four corners include the fourth marker located at a lower right of the color chart; see annotated figure 7 above].).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date the claimed invention was made to combine the teachings of ADIRI and HAMMOND in view of ROACH, further in view of OH, of having a method of operating an apparatus for managing a wound that captures a color chart, comprising: acquiring a measured image including the color chart; acquiring a location of a first marker included in the color chart based on the measured image; acquiring a location of a second marker included in the color chart based on the measured image; acquiring a location of a third marker included in the color chart based on the measured image; acquiring a location of a fourth marker included in the color chart based on the measured image; and acquiring center points of a plurality of color patches included in the color chart based on the location of the first marker, the location of the second marker, the location of the third marker, and the location of the fourth marker, wherein the acquiring of the measured image including the color chart includes: acquiring a preview image including the color chart; acquiring the location of the first marker included in the color chart based on the preview image; acquiring the location of the second marker included in the color chart based on the preview image; acquiring the location of the third marker included in the color chart based on the preview image; acquiring the location of the fourth marker included in the color chart based on the preview image; determining whether a first difference value between a y-axis value of the location of the first marker and a y-axis value of the location of the second marker is within a critical distance; determining whether a second difference value between a y-axis value of the location of the third marker and a y-axis value of the location of the fourth marker is within the critical distance; determining whether a third difference value between an x-axis value of the location of the first marker and an x-axis value of the location of the third marker is within the critical distance; determining whether a fourth difference value between an x-axis value of the location of the second marker and an x-axis value of the location of the fourth marker is within the critical distance; and in response to determining that the first difference value, the second difference value, the third difference value, and the fourth difference value are all within the critical distance, acquiring the preview image as the measured image, wherein the first marker has a first shape, the second marker has a second shape different from the first shape, the third marker has a third shape different from the first shape and the second shape, and the fourth marker has a fourth shape different from the first shape, the second shape, and the third shape, with the teachings of SUZUKI of having and wherein the first marker is located at an upper left of the color chart, the second marker is located at an upper right of the color chart, the third marker is located at a lower left of the color chart, and the fourth marker is located at a lower right of the color chart.
Wherein having ADIRI’s method having and wherein the first marker is located at an upper left of the color chart, the second marker is located at an upper right of the color chart, the third marker is located at a lower left of the color chart, and the fourth marker is located at a lower right of the color chart.
The motivation behind the modification would have been to provide an enhanced method of medical examination to ultimately improve output reliability and the effectiveness of medical treatment, since both ADIRI and SUZUKI relate to imaging processes that use color measuring charts, wherein ADIRI relates to providing new and improved ways for using personal communications devices for medical examination of skin features, and determined medical action may be intended to increase effectiveness of the medical treatment, and SUZUKI describes an imaging unit, a color measuring device, an image forming apparatus, a color measuring system, and a color measuring method, wherein a conventional image forming apparatus performs a color adjustment process to reduce a variation in an output due to device-specific characteristics and improve the reproducibility of the output with respect to an input. Please see ADIRI (US 20210142890 A1), Paragraph [0005, 0057] and SUZUKI (US 20130242319 A1), Paragraph [0003, 0011].
The applicant argues on page 23, “in view of the above remarks, Applicant respectfully submits that the application is now in condition for allowance.” In response, the office does not find this argument to be persuasive base on the same reasons set forth above and the rejection below.
The office respectfully encourages the applicant to amend the independent claim to overcome the prior arts of record.
Claims 1, 3, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over ADIRI (US 20210142890 A1), hereinafter referenced as ADIRI in view of HAMMOND (US 20190212311 A1), hereinafter referenced as HAMMOND in further view of ROACH (US 20170270508 A1), hereinafter referenced as ROACH in further view of OH (US 20230116619 A1), hereinafter referenced as OH in further view of SUZUKI (US 20130242319 A1), hereinafter referenced as SUZUKI.
Regarding claim 1, ADIRI teaches a method of operating an apparatus for managing a wound that captures a color chart (Fig. 10, Paragraph [0090] – ADIRI discloses FIG. 10 is a flowchart of an example process 1000 for conducting image processing of wound images executed by a processing device of system 100, according to embodiments of the present disclosure.), comprising:
acquiring a measured image including the color chart (Fig. 4, Paragraph [0047] – ADIRI discloses user 110 may use mobile communications device 115 to capture an image 130 that includes a colorized surface 132 and a skin feature 134 [wherein colorized surface 132 is the color chart].);
acquiring a location of a first marker included in the color chart based on the measured image (Fig. 4, Paragraph [0053] – ADIRI discloses colorized surface 132 [wherein colorized surface 132 is the color chart] may also include one or more positioning marks 410 [wherein one or more positioning marks 410 includes a first marker] that may be used for image processing purposes and/or for positioning colorized surface 132 (and for positioning other elements of colorized surface 132, such as colored reference elements 405) accurately with respect to wound 400. Moreover, positioning marks 410 may provide a reference of a known dimension that may be used to estimate a size, orientation, and/or a form of wound 400.);
acquiring a location of a second marker included in the color chart based on the measured image (Fig. 4, Paragraph [0053] – ADIRI discloses colorized surface 132 may also include one or more positioning marks 410 [wherein one or more positioning marks 410 includes a second marker] that may be used for image processing purposes and/or for positioning colorized surface 132 (and for positioning other elements of colorized surface 132, such as colored reference elements 405) accurately with respect to wound 400. Moreover, positioning marks 410 may provide a reference of a known dimension that may be used to estimate a size, orientation, and/or a form of wound 400.);
acquiring a location of a third marker included in the color chart based on the measured image (Fig. 4, Paragraph [0053] – ADIRI discloses colorized surface 132 may also include one or more positioning marks 410 [wherein one or more positioning marks 410 includes a third marker] that may be used for image processing purposes and/or for positioning colorized surface 132 (and for positioning other elements of colorized surface 132, such as colored reference elements 405) accurately with respect to wound 400. Moreover, positioning marks 410 may provide a reference of a known dimension that may be used to estimate a size, orientation, and/or a form of wound 400.);
acquiring a location of a fourth marker included in the color chart based on the measured image (Fig. 4, Paragraph [0053] – ADIRI discloses colorized surface 132 may also include one or more positioning marks 410 [wherein one or more positioning marks 410 includes a fourth marker] that may be used for image processing purposes and/or for positioning colorized surface 132 (and for positioning other elements of colorized surface 132, such as colored reference elements 405) accurately with respect to wound 400. Moreover, positioning marks 410 may provide a reference of a known dimension that may be used to estimate a size, orientation, and/or a form of wound 400.);
wherein the acquiring of the measured image including the color chart (Fig. 4, Paragraph [0047] – ADIRI discloses user 110 may use mobile communications device 115 to capture an image 130 that includes a colorized surface 132 and a skin feature 134 [wherein colorized surface 132 is the color chart]. Paragraph [0046] – ADIRI discloses skin feature 134 may be captured weekly or even monthly for monitoring potentially cancerous features or developments. When collecting such data over a period of time, an additional step may be added for verifying that the correction of image 130 is consistent across the time period in which the data was collected [wherein image 130 following corrections is the measured image]. Correcting image 130 may further include taking into account illumination conditions and capturing parameters associated with previously captured images.) includes:
acquiring a preview image including the color chart (Fig. 4, Paragraph [0047] – ADIRI discloses user 110 may use mobile communications device 115 to capture an image 130 that includes a colorized surface 132 and a skin feature 134 [wherein colorized surface 132 is the color chart]. Paragraph [0046] – ADIRI discloses skin feature 134 may be captured weekly or even monthly for monitoring potentially cancerous features or developments. When collecting such data over a period of time, an additional step may be added for verifying that the correction of image 130 is consistent across the time period in which the data was collected [wherein image 130 prior to subsequent captured images can be a preview image]. Correcting image 130 may further include taking into account illumination conditions and capturing parameters associated with previously captured images.);
acquiring the location of the first marker included in the color chart based on the preview image (Fig. 4, Paragraph [0053] – ADIRI discloses colorized surface 132 [wherein colorized surface 132 is the color chart] may also include one or more positioning marks 410 [wherein one or more positioning marks 410 includes a first marker] that may be used for image processing purposes and/or for positioning colorized surface 132 (and for positioning other elements of colorized surface 132, such as colored reference elements 405) accurately with respect to wound 400. Moreover, positioning marks 410 may provide a reference of a known dimension that may be used to estimate a size, orientation, and/or a form of wound 400.);
acquiring the location of the second marker included in the color chart based on the preview image (Fig. 4, Paragraph [0053] – ADIRI discloses colorized surface 132 may also include one or more positioning marks 410 [wherein one or more positioning marks 410 includes a second marker] that may be used for image processing purposes and/or for positioning colorized surface 132 (and for positioning other elements of colorized surface 132, such as colored reference elements 405) accurately with respect to wound 400. Moreover, positioning marks 410 may provide a reference of a known dimension that may be used to estimate a size, orientation, and/or a form of wound 400.);
acquiring the location of the third marker included in the color chart based on the preview image (Fig. 4, Paragraph [0053] – ADIRI discloses colorized surface 132 may also include one or more positioning marks 410 [wherein one or more positioning marks 410 includes a third marker] that may be used for image processing purposes and/or for positioning colorized surface 132 (and for positioning other elements of colorized surface 132, such as colored reference elements 405) accurately with respect to wound 400. Moreover, positioning marks 410 may provide a reference of a known dimension that may be used to estimate a size, orientation, and/or a form of wound 400.);
acquiring the location of the fourth marker included in the color chart based on the preview image (Fig. 4, Paragraph [0053] – ADIRI discloses colorized surface 132 may also include one or more positioning marks 410 [wherein one or more positioning marks 410 includes a fourth marker] that may be used for image processing purposes and/or for positioning colorized surface 132 (and for positioning other elements of colorized surface 132, such as colored reference elements 405) accurately with respect to wound 400. Moreover, positioning marks 410 may provide a reference of a known dimension that may be used to estimate a size, orientation, and/or a form of wound 400.);
ADIRI fails to explicitly teach and acquiring center points of a plurality of color patches included in the color chart based on the location of the first marker, the location of the second marker, the location of the third marker, and the location of the fourth marker,
However, HAMMOND explicitly teaches and acquiring center points of a plurality of color patches included in the color chart based on the location of the first marker, the location of the second marker, the location of the third marker, and the location of the fourth marker (Fig. 39, Paragraph [0067] – HAMMOND discloses a center point is defined for each of the plurality of color blocks, and the center points are defined from alignment indicators [wherein alignment indicators are comprised of the first, second, third, fourth marker] positioned on either side of the color calibration strip.),
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date the claimed invention was made to combine the teachings of ADIRI of having a method of operating an apparatus for managing a wound that captures a color chart, comprising: acquiring a measured image including the color chart; acquiring a location of a first marker included in the color chart based on the measured image; acquiring a location of a second marker included in the color chart based on the measured image; acquiring a location of a third marker included in the color chart based on the measured image; acquiring a location of a fourth marker included in the color chart based on the measured image; wherein the acquiring of the measured image including the color chart includes: acquiring a preview image including the color chart; acquiring the location of the first marker included in the color chart based on the preview image; acquiring the location of the second marker included in the color chart based on the preview image; acquiring the location of the third marker included in the color chart based on the preview image; acquiring the location of the fourth marker included in the color chart based on the preview image; with the teachings of HAMMOND having and acquiring center points of a plurality of color patches included in the color chart based on the location of the first marker, the location of the second marker, the location of the third marker, and the location of the fourth marker.
Wherein having ADIRI’S method wherein having and acquiring center points of a plurality of color patches included in the color chart based on the location of the first marker, the location of the second marker, the location of the third marker, and the location of the fourth marker.
The motivation behind the modification would have been to provide an enhanced method of medical examination to improve accuracy and the effectiveness of medical treatment, since both ADIRI and HAMMOND relate to wound care management, wherein ADIRI relates to providing new and improved ways for using personal communications devices for medical examination of skin features, and determined medical action may be intended to increase effectiveness of the medical treatment, and HAMMOND describes devices, wound dressings, and methods for determining the pH of fluid or a wound exudate at a wound, reducing the variation caused by color blindness or other differences in color perception between individuals, and thus improving accuracy compared to the subjective human determinations. Please see ADIRI (US 20210142890 A1), Paragraph [0005, 0057] and HAMMOND (US 20190212311 A1), Paragraph [0049].
ADIRI in view of HAMMOND fail to explicitly teach determining whether a first difference value between a y-axis value of the location of the first marker and a y-axis value of the location of the second marker is within a critical distance; determining whether a second difference value between a y-axis value of the location of the third marker and a y-axis value of the location of the fourth marker is within the critical distance; determining whether a third difference value between an x-axis value of the location of the first marker and an x-axis value of the location of the third marker is within the critical distance; determining whether a fourth difference value between an x-axis value of the location of the second marker and an x-axis value of the location of the fourth marker is within the critical distance; and in response to determining that the first difference value, the second difference value, the third difference value, and the fourth difference value are all within the critical distance, acquiring the preview image as the measured image,
However, ROACH explicitly teaches determining whether a first difference value between a y-axis value of the location of the first marker and a y-axis value of the location of the second marker is within a critical distance (Fig. 38, Paragraph [0415] – ROACH discloses the four corners [wherein a corner is a marker] are received as an array of x and y coordinates C[I], where I is equal to the values 1-4 representing the four corners of the document. Paragraph [0416] – ROACH further discloses a determination is made whether the selected corner of the document is within the mobile document image (step 3425). According to an embodiment, the document subimage has four side and each side S[I] includes two adjacent corners C1[I] and C2[I]. A side is deemed to be cut-off if the corners comprising the side are on the edge of the mobile image. In an embodiment, a side of the document is cut-off if any of the following criteria are met: (1) C1[I].x=C2[I].x=0, where x=the x-coordinate of the corner (2) C1[I].x=C2[I].x=Width, where Width=the width of the mobile image (3) C1[I].y=C2[I].y=0, where y=the y-coordinate of the corner (4) C1[I].y=C2[I].y=Height, where Height=the height of the mobile image.);
determining whether a second difference value between a y-axis value of the location of the third marker and a y-axis value of the location of the fourth marker is within the critical distance (Fig. 38, Paragraph [0415] – ROACH discloses the four corners [wherein a corner is a marker] are received as an array of x and y coordinates C[I], where I is equal to the values 1-4 representing the four corners of the document. Paragraph [0416] – ROACH further discloses a determination is made whether the selected corner of the document is within the mobile document image (step 3425). According to an embodiment, the document subimage has four side and each side S[I] includes two adjacent corners C1[I] and C2[I]. A side is deemed to be cut-off if the corners comprising the side are on the edge of the mobile image. In an embodiment, a side of the document is cut-off if any of the following criteria are met: (1) C1[I].x=C2[I].x=0, where x=the x-coordinate of the corner (2) C1[I].x=C2[I].x=Width, where Width=the width of the mobile image (3) C1[I].y=C2[I].y=0, where y=the y-coordinate of the corner (4) C1[I].y=C2[I].y=Height, where Height=the height of the mobile image.);
determining whether a third difference value between an x-axis value of the location of the first marker and an x-axis value of the location of the third marker is within the critical distance (Fig. 38, Paragraph [0415] – ROACH discloses the four corners [wherein a corner is a marker] are received as an array of x and y coordinates C[I], where I is equal to the values 1-4 representing the four corners of the document. Paragraph [0416] – ROACH further discloses a determination is made whether the selected corner of the document is within the mobile document image (step 3425). According to an embodiment, the document subimage has four side and each side S[I] includes two adjacent corners C1[I] and C2[I]. A side is deemed to be cut-off if the corners comprising the side are on the edge of the mobile image. In an embodiment, a side of the document is cut-off if any of the following criteria are met: (1) C1[I].x=C2[I].x=0, where x=the x-coordinate of the corner (2) C1[I].x=C2[I].x=Width, where Width=the width of the mobile image (3) C1[I].y=C2[I].y=0, where y=the y-coordinate of the corner (4) C1[I].y=C2[I].y=Height, where Height=the height of the mobile image.);
determining whether a fourth difference value between an x-axis value of the location of the second marker and an x-axis value of the location of the fourth marker is within the critical distance (Fig. 38, Paragraph [0415] – ROACH discloses the four corners [wherein a corner is a marker] are received as an array of x and y coordinates C[I], where I is equal to the values 1-4 representing the four corners of the document. Paragraph [0416] – ROACH further discloses a determination is made whether the selected corner of the document is within the mobile document image (step 3425). According to an embodiment, the document subimage has four side and each side S[I] includes two adjacent corners C1[I] and C2[I]. A side is deemed to be cut-off if the corners comprising the side are on the edge of the mobile image. In an embodiment, a side of the document is cut-off if any of the following criteria are met: (1) C1[I].x=C2[I].x=0, where x=the x-coordinate of the corner (2) C1[I].x=C2[I].x=Width, where Width=the width of the mobile image (3) C1[I].y=C2[I].y=0, where y=the y-coordinate of the corner (4) C1[I].y=C2[I].y=Height, where Height=the height of the mobile image.);
and in response to determining that the first difference value, the second difference value, the third difference value, and the fourth difference value are all within the critical distance (Fig. 38, Paragraph [0422] – ROACH discloses if the side falls within the mobile image, a determination is made whether there are more sides to be tested (step 3425). If there are more sides to be tested, an untested side is selected (step 3415). Otherwise, all of the sides were within the mobile image, so the test result value for the test is set to 1000 indicating the test passed (step 3440), and the test result value is returned (step 3445).),
acquiring the preview image as the measured image (Fig. 1, Paragraph [0070] – ROACH discloses for each of the plurality of preview images, the system measures at least one parameter associated with the capturing of the preview image using the image capture device, and the at least one parameter is related to the ability to accurately extract text and other content from a captured preview image of the document. Next, the system selects a preview image among a subset of the plurality of preview images that passes the image quality measurement based in the at least one parameter. When a predetermined condition is met, the system chooses the selected preview image as a final captured image of the document.),
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date the claimed invention was made to combine the teachings of ADIRI in view of HAMMOND of having a method of operating an apparatus for managing a wound that captures a color chart, comprising: acquiring a measured image including the color chart; acquiring a location of a first marker included in the color chart based on the measured image; acquiring a location of a second marker included in the color chart based on the measured image; acquiring a location of a third marker included in the color chart based on the measured image; acquiring a location of a fourth marker included in the color chart based on the measured image; and acquiring center points of a plurality of color patches included in the color chart based on the location of the first marker, the location of the second marker, the location of the third marker, and the location of the fourth marker, wherein the acquiring of the measured image including the color chart includes: acquiring a preview image including the color chart; acquiring the location of the first marker included in the color chart based on the preview image; acquiring the location of the second marker included in the color chart based on the preview image; acquiring the location of the third marker included in the color chart based on the preview image; acquiring the location of the fourth marker included in the color chart based on the preview image; with the teachings of ROACH of having determining whether a first difference value between a y-axis value of the location of the first marker and a y-axis value of the location of the second marker is within a critical distance; determining whether a second difference value between a y-axis value of the location of the third marker and a y-axis value of the location of the fourth marker is within the critical distance; determining whether a third difference value between an x-axis value of the location of the first marker and an x-axis value of the location of the third marker is within the critical distance; determining whether a fourth difference value between an x-axis value of the location of the second marker and an x-axis value of the location of the fourth marker is within the critical distance; and in response to determining that the first difference value, the second difference value, the third difference value, and the fourth difference value are all within the critical distance, acquiring the preview image as the measured image.
Wherein having ADIRI’s method wherein having determining whether a first difference value between a y-axis value of the location of the first marker and a y-axis value of the location of the second marker is within a critical distance; determining whether a second difference value between a y-axis value of the location of the third marker and a y-axis value of the location of the fourth marker is within the critical distance; determining whether a third difference value between an x-axis value of the location of the first marker and an x-axis value of the location of the third marker is within the critical distance; determining whether a fourth difference value between an x-axis value of the location of the second marker and an x-axis value of the location of the fourth marker is within the critical distance; and in response to determining that the first difference value, the second difference value, the third difference value, and the fourth difference value are all within the critical distance, acquiring the preview image as the measured image.
The motivation behind the modification would have been to provide an enhanced method of medical examination to improve the effectiveness of medical treatment and reduce errors, since both ADIRI and ROACH relate generally to the field of image processing, wherein ADIRI relates to providing new and improved ways for using personal communications devices for medical examination of skin features, and determined medical action may be intended to increase effectiveness of the medical treatment, and ROACH describes automatic capture of an image of a financial or other document on a mobile device, and more particularly to automatically detecting and determining image quality on the mobile device prior to capturing the image of the document, to provide the user with tools and information to improve the quality of the image and decrease the chance of errors from poor image quality. Please see ADIRI (US 20210142890 A1), Paragraph [0005, 0057] and ROACH (US 20170270508 A1), Paragraph [0003, 0093].
ADIRI and HAMMOND in view of ROACH fail to explicitly teach wherein the first marker has a first shape, the second marker has a second shape different from the first shape, the third marker has a third shape different from the first shape and the second shape, and the fourth marker has a fourth shape different from the first shape, the second shape, and the third shape,
However, OH explicitly teaches wherein the first marker has a first shape (Fig. 5, Paragraph [0076] – OH discloses first to fifth marks 111-115 attached to the first to fifth measuring units 101-105 installed at different positions of the measurement target T may have different shapes, respectively.),
the second marker has a second shape different from the first shape (Fig. 5, Paragraph [0076] – OH discloses first to fifth marks 111-115 attached to the first to fifth measuring units 101-105 installed at different positions of the measurement target T may have different shapes, respectively. For example, the first mark 111 may have a star shape, and the second mark 112 may have a circular shape. Likewise, the third to fifth marks 113 to 115 may all have different shapes.),
the third marker has a third shape different from the first shape and the second shape (Fig. 5, Paragraph [0076] – OH discloses first to fifth marks 111-115 attached to the first to fifth measuring units 101-105 installed at different positions of the measurement target T may have different shapes, respectively. For example, the first mark 111 may have a star shape, and the second mark 112 may have a circular shape. Likewise, the third to fifth marks 113 to 115 may all have different shapes.),
and the fourth marker has a fourth shape different from the first shape, the second shape, and the third shape (Fig. 5, Paragraph [0076] – OH discloses first to fifth marks 111-115 attached to the first to fifth measuring units 101-105 installed at different positions of the measurement target T may have different shapes, respectively. For example, the first mark 111 may have a star shape, and the second mark 112 may have a circular shape. Likewise, the third to fifth marks 113 to 115 may all have different shapes.),
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date the claimed invention was made to combine the teachings of ADIRI and HAMMOND in view of ROACH of having a method of operating an apparatus for managing a wound that captures a color chart, comprising: acquiring a measured image including the color chart; acquiring a location of a first marker included in the color chart based on the measured image; acquiring a location of a second marker included in the color chart based on the measured image; acquiring a location of a third marker included in the color chart based on the measured image; acquiring a location of a fourth marker included in the color chart based on the measured image; and acquiring center points of a plurality of color patches included in the color chart based on the location of the first marker, the location of the second marker, the location of the third marker, and the location of the fourth marker, wherein the acquiring of the measured image including the color chart includes: acquiring a preview image including the color chart; acquiring the location of the first marker included in the color chart based on the preview image; acquiring the location of the second marker included in the color chart based on the preview image; acquiring the location of the third marker included in the color chart based on the preview image; acquiring the location of the fourth marker included in the color chart based on the preview image; determining whether a first difference value between a y-axis value of the location of the first marker and a y-axis value of the location of the second marker is within a critical distance; determining whether a second difference value between a y-axis value of the location of the third marker and a y-axis value of the location of the fourth marker is within the critical distance; determining whether a third difference value between an x-axis value of the location of the first marker and an x-axis value of the location of the third marker is within the critical distance; determining whether a fourth difference value between an x-axis value of the location of the second marker and an x-axis value of the location of the fourth marker is within the critical distance; and in response to determining that the first difference value, the second difference value, the third difference value, and the fourth difference value are all within the critical distance, acquiring the preview image as the measured image, with the teachings of OH of having wherein the first marker has a first shape, the second marker has a second shape different from the first shape, the third marker has a third shape different from the first shape and the second shape, and the fourth marker has a fourth shape different from the first shape, the second shape, and the third shape,
Wherein having ADIRI’s method wherein the first marker has a first shape, the second marker has a second shape different from the first shape, the third marker has a third shape different from the first shape and the second shape, and the fourth marker has a fourth shape different from the first shape, the second shape, and the third shape,
The motivation behind the modification would have been to provide an enhanced method of medical image processing that improves the effectiveness of medical treatment and optical characteristics of an image, since both ADIRI and OH relate to marker-based image processing, wherein ADIRI relates to providing new and improved ways for using personal communications devices for medical examination of skin features, and determined medical action may be intended to increase effectiveness of the medical treatment, and OH describes a static electricity visualization system; the image processing unit 500 may correct or improve optical characteristics by performing corrections such as white balance and color adjustment of the first photographed image of the photographing unit 200. Please see ADIRI (US 20210142890 A1), Paragraph [0005, 0057] and OH (US 20230116619 A1), Paragraph [0002, 0094].
ADIRI and HAMMOND in view of ROACH, further in view of OH, fail to explicitly teach and wherein the first marker is located at an upper left of the color chart, the second marker is located at an upper right of the color chart, the third marker is located at a lower left of the color chart, and the fourth marker is located at a lower right of the color chart.
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Annotated diagram of SUZUKI’s Fig. 7 illustrating reference chart KC.
However, SUZUKI explicitly teaches and wherein the first marker is located at an upper left of the color chart (Fig. 7, Paragraph [0074] – SUZUKI discloses the reference chart KC [wherein the reference chart KC is the color chart] contains a plurality of color-measurement reference color patch arrays Pa to Pd, a dot diameter measurement pattern array Pe, a distance measurement line lk, and a chart position specification marker mk, all of which are arranged on a surface (top surface) inside the frame 32. Paragraph [0076] – SUZUKI further discloses the chart position specification markers mk are arranged at four corners of the distance measurement line lk to to specify the position of each of the patches [wherein the chart position specification markers mk arranged at four corners include the first marker located at an upper left of the color chart; see annotated figure 7 above.].),
the second marker is located at an upper right of the color chart (Fig. 7, Paragraph [0074] – SUZUKI discloses the reference chart KC [wherein the reference chart KC is the color chart] contains a plurality of color-measurement reference color patch arrays Pa to Pd, a dot diameter measurement pattern array Pe, a distance measurement line lk, and a chart position specification marker mk, all of which are arranged on a surface (top surface) inside the frame 32. Paragraph [0076] – SUZUKI further discloses the chart position specification markers mk are arranged at four corners of the distance measurement line lk to to specify the position of each of the patches [wherein the chart position specification markers mk arranged at four corners include the second marker located at an upper right of the color chart; see annotated figure 7 above].),
the third marker is located at a lower left of the color chart (Fig. 7, Paragraph [0074] – SUZUKI discloses the reference chart KC [wherein the reference chart KC is the color chart] contains a plurality of color-measurement reference color patch arrays Pa to Pd, a dot diameter measurement pattern array Pe, a distance measurement line lk, and a chart position specification marker mk, all of which are arranged on a surface (top surface) inside the frame 32. Paragraph [0076] – SUZUKI further discloses the chart position specification markers mk are arranged at four corners of the distance measurement line lk to to specify the position of each of the patches [wherein the chart position specification markers mk arranged at four corners include the third marker located at a lower left of the color chart; see annotated figure 7 above].),
and the fourth marker is located at a lower right of the color chart (Fig. 7, Paragraph [0074] – SUZUKI discloses the reference chart KC [wherein the reference chart KC is the color chart] contains a plurality of color-measurement reference color patch arrays Pa to Pd, a dot diameter measurement pattern array Pe, a distance measurement line lk, and a chart position specification marker mk, all of which are arranged on a surface (top surface) inside the frame 32. Paragraph [0076] – SUZUKI further discloses the chart position specification markers mk are arranged at four corners of the distance measurement line lk to to specify the position of each of the patches [wherein the chart position specification markers mk arranged at four corners include the fourth marker located at a lower right of the color chart; see annotated figure 7 above].).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date the claimed invention was made to combine the teachings of ADIRI and HAMMOND in view of ROACH, further in view of OH, of having a method of operating an apparatus for managing a wound that captures a color chart, comprising: acquiring a measured image including the color chart; acquiring a location of a first marker included in the color chart based on the measured image; acquiring a location of a second marker included in the color chart based on the measured image; acquiring a location of a third marker included in the color chart based on the measured image; acquiring a location of a fourth marker included in the color chart based on the measured image; and acquiring center points of a plurality of color patches included in the color chart based on the location of the first marker, the location of the second marker, the location of the third marker, and the location of the fourth marker, wherein the acquiring of the measured image including the color chart includes: acquiring a preview image including the color chart; acquiring the location of the first marker included in the color chart based on the preview image; acquiring the location of the second marker included in the color chart based on the preview image; acquiring the location of the third marker included in the color chart based on the preview image; acquiring the location of the fourth marker included in the color chart based on the preview image; determining whether a first difference value between a y-axis value of the location of the first marker and a y-axis value of the location of the second marker is within a critical distance; determining whether a second difference value between a y-axis value of the location of the third marker and a y-axis value of the location of the fourth marker is within the critical distance; determining whether a third difference value between an x-axis value of the location of the first marker and an x-axis value of the location of the third marker is within the critical distance; determining whether a fourth difference value between an x-axis value of the location of the second marker and an x-axis value of the location of the fourth marker is within the critical distance; and in response to determining that the first difference value, the second difference value, the third difference value, and the fourth difference value are all within the critical distance, acquiring the preview image as the measured image, wherein the first marker has a first shape, the second marker has a second shape different from the first shape, the third marker has a third shape different from the first shape and the second shape, and the fourth marker has a fourth shape different from the first shape, the second shape, and the third shape, with the teachings of SUZUKI of having and wherein the first marker is located at an upper left of the color chart, the second marker is located at an upper right of the color chart, the third marker is located at a lower left of the color chart, and the fourth marker is located at a lower right of the color chart.
Wherein having ADIRI’s method having and wherein the first marker is located at an upper left of the color chart, the second marker is located at an upper right of the color chart, the third marker is located at a lower left of the color chart, and the fourth marker is located at a lower right of the color chart.
The motivation behind the modification would have been to provide an enhanced method of medical examination to ultimately improve output reliability and the effectiveness of medical treatment, since both ADIRI and SUZUKI relate to imaging processes that use color measuring charts, wherein ADIRI relates to providing new and improved ways for using personal communications devices for medical examination of skin features, and determined medical action may be intended to increase effectiveness of the medical treatment, and SUZUKI describes an imaging unit, a color measuring device, an image forming apparatus, a color measuring system, and a color measuring method, wherein a conventional image forming apparatus performs a color adjustment process to reduce a variation in an output due to device-specific characteristics and improve the reproducibility of the output with respect to an input. Please see ADIRI (US 20210142890 A1), Paragraph [0005, 0057] and SUZUKI (US 20130242319 A1), Paragraph [0003, 0011].
Regarding claim 3, ADIRI and HAMMOND in view of ROACH, in further view of OH, and in further view of SUZUKI teach the method of claim 1,
ADIRI fails to explicitly teach wherein the acquiring of the center points of the plurality of color patches includes: generating a first horizontal line connecting the location of the first marker and the location of the second marker; and determining n-1 points dividing the first horizontal line into n equal parts to be the center points of the plurality of color patches.
However, HAMMOND explicitly teaches wherein the acquiring of the center points of the plurality of color patches (Fig. 39, Paragraph [0067] – HAMMOND discloses a center point is defined for each of the plurality of color blocks [wherein color blocks are color patches], and the center points are defined from alignment indicators positioned on either side of the color calibration strip.) includes:
generating a first horizontal line connecting the location of the first marker and the location of the second marker (Fig. 41, Paragraph [0423] – HAMMOND discloses processing system may locate the indicators 158a and 158b [wherein indicators are the first marker and second marker] in a received image and draw a line between the two indicators.);
and determining n-1 points dividing the first horizontal line into n equal parts to be the center points of the plurality of color patches (Fig. 41, Paragraph [0093] – HAMMOND discloses the system includes means for defining a center point of each of the plurality of color blocks, and the center points are defined from alignment indicators positioned on either side of the color calibration strip. Paragraph [0423] – HAMMOND further discloses indicators 158a and 158b can be used for image processing to automatically detect the color blocks 156a-e. A processing system may locate the indicators 158a and 158b in a received image and draw a line between the two indicators.).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date the claimed invention was made to combine the teachings of ADIRI and HAMMOND in view of ROACH, further in view of OH, and further in view of SUZUKI, of having a method of operating an apparatus for managing a wound that captures a color chart, comprising: acquiring a measured image including the color chart; acquiring a location of a first marker included in the color chart based on the measured image; acquiring a location of a second marker included in the color chart based on the measured image; acquiring a location of a third marker included in the color chart based on the measured image; acquiring a location of a fourth marker included in the color chart based on the measured image; and acquiring center points of a plurality of color patches included in the color chart based on the location of the first marker, the location of the second marker, the location of the third marker, and the location of the fourth marker, with the teachings of HAMMOND having wherein the acquiring of the center points of the plurality of color patches includes: generating a first horizontal line connecting the location of the first marker and the location of the second marker; and determining n-1 points dividing the first horizontal line into n equal parts to be the center points of the plurality of color patches.
Wherein having ADIRI’S method wherein the acquiring of the center points of the plurality of color patches includes: generating a first horizontal line connecting the location of the first marker and the location of the second marker; and determining n-1 points dividing the first horizontal line into n equal parts to be the center points of the plurality of color patches.
The motivation behind the modification would have been to provide an enhanced method of medical examination to improve accuracy and the effectiveness of medical treatment, since both ADIRI and HAMMOND relate to wound care management, wherein ADIRI relates to providing new and improved ways for using personal communications devices for medical examination of skin features, and determined medical action may be intended to increase effectiveness of the medical treatment, and HAMMOND describes devices, wound dressings, and methods for determining the pH of fluid or a wound exudate at a wound, reducing the variation caused by color blindness or other differences in color perception between individuals, and thus improving accuracy compared to the subjective human determinations. Please see ADIRI (US 20210142890 A1), Paragraph [0005, 0057] and HAMMOND (US 20190212311 A1), Paragraph [0049].
Regarding claim 10, ADIRI and HAMMOND in view of ROACH, in further view of OH, and in further view of SUZUKI teach the method of claim 1,
ADIRI further teaches further comprising: displaying a predetermined icon at the location of the first marker on the preview image (Fig. 4, Paragraph [0053] – ADIRI discloses colorized surface 132 may also include one or more positioning marks 410 [wherein one or more positioning marks includes a first marker] that may be used for image processing purposes and/or for positioning colorized surface 132 (and for positioning other elements of colorized surface 132, such as colored reference elements 405) accurately with respect to wound 400.);
and displaying predetermined icons at the location of the second marker (Fig. 4, Paragraph [0053] – ADIRI discloses colorized surface 132 may also include one or more positioning marks 410 [wherein one or more positioning marks includes a second marker] that may be used for image processing purposes and/or for positioning colorized surface 132 (and for positioning other elements of colorized surface 132, such as colored reference elements 405) accurately with respect to wound 400.),
the location of the third marker (Fig. 4, Paragraph [0053] – ADIRI discloses colorized surface 132 may also include one or more positioning marks 410 [wherein one or more positioning marks includes a third marker] that may be used for image processing purposes and/or for positioning colorized surface 132 (and for positioning other elements of colorized surface 132, such as colored reference elements 405) accurately with respect to wound 400.),
and the location of the fourth marker on the preview image (Fig. 4, Paragraph [0053] – ADIRI discloses colorized surface 132 may also include one or more positioning marks 410 [wherein one or more positioning marks includes a fourth marker] that may be used for image processing purposes and/or for positioning colorized surface 132 (and for positioning other elements of colorized surface 132, such as colored reference elements 405) accurately with respect to wound 400.).
ADIRI and HAMMOND in view of ROACH, in further view of OH fail to explicitly teach displaying a fourth horizontal line on the preview image, which is parallel to a horizontal axis of the preview image and passes through the location of the first marker, on the preview image; displaying a third vertical line on the preview image, which is parallel to a vertical axis of the preview image and passes through the location of the first marker, on the preview image;
However, SUZUKI explicitly teaches displaying a fourth horizontal line on the preview image, which is parallel to a horizontal axis of the preview image and passes through the location of the first marker (Fig. 7, Paragraph [0076] – SUZUKI discloses distance measurement line lk is formed as a rectangular frame line surrounding the color-measurement reference color patch arrays Pa to Pd and the dot diameter measurement pattern array Pe [wherein distance measurement line lk includes a horizontal line parallel to a horizontal axis]. The chart position specification markers mk are arranged at four corners of the distance measurement line lk to specify the position of each of the patches [wherein specification markers mk include the first marker, see annotated fig. 7 above].),
on the preview image (Fig. 7, Paragraph [0077] – SUZUKI discloses color measurement control unit 106 (see FIG. 10 and FIG. 11), which will be described later, specifies the distance measurement line lk and the chart position specification markers mk at the four corners in the image data of the reference chart KC obtained from the imaging unit 30.);
displaying a third vertical line on the preview image, which is parallel to a vertical axis of the preview image and passes through the location of the first marker (Fig. 7, Paragraph [0076] – SUZUKI discloses distance measurement line lk is formed as a rectangular frame line surrounding the color-measurement reference color patch arrays Pa to Pd and the dot diameter measurement pattern array Pe [wherein distance measurement line lk includes a vertical line parallel to a vertical axis]. The chart position specification markers mk are arranged at four corners of the distance measurement line lk to specify the position of each of the patches [wherein specification markers mk include the first marker, see annotated fig. 7 above].),
on the preview image (Fig. 7, Paragraph [0077] – SUZUKI discloses color measurement control unit 106 (see FIG. 10 and FIG. 11), which will be described later, specifies the distance measurement line lk and the chart position specification markers mk at the four corners in the image data of the reference chart KC obtained from the imaging unit 30.);
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date the claimed invention was made to combine the teachings of ADIRI and HAMMOND in view of ROACH, further in view of OH, and further in view of SUZUKI, of having a method of operating an apparatus for managing a wound that captures a color chart, comprising: acquiring a measured image including the color chart; acquiring a location of a first marker included in the color chart based on the measured image; acquiring a location of a second marker included in the color chart based on the measured image; acquiring a location of a third marker included in the color chart based on the measured image; acquiring a location of a fourth marker included in the color chart based on the measured image; and acquiring center points of a plurality of color patches included in the color chart based on the location of the first marker, the location of the second marker, the location of the third marker, and the location of the fourth marker, with the teachings of SUZUKI of having displaying a fourth horizontal line on the preview image, which is parallel to a horizontal axis of the preview image and passes through the location of the first marker, on the preview image; displaying a third vertical line on the preview image, which is parallel to a vertical axis of the preview image and passes through the location of the first marker, on the preview image.
Wherein having ADIRI’s method wherein having displaying a fourth horizontal line on the preview image, which is parallel to a horizontal axis of the preview image and passes through the location of the first marker, on the preview image; displaying a third vertical line on the preview image, which is parallel to a vertical axis of the preview image and passes through the location of the first marker, on the preview image.
The motivation behind the modification would have been to provide an enhanced method of medical examination to ultimately improve output reliability and the effectiveness of medical treatment, since both ADIRI and SUZUKI relate to imaging processes that use color measuring charts, wherein ADIRI relates to providing new and improved ways for using personal communications devices for medical examination of skin features, and determined medical action may be intended to increase effectiveness of the medical treatment, and SUZUKI describes an imaging unit, a color measuring device, an image forming apparatus, a color measuring system, and a color measuring method, wherein a conventional image forming apparatus performs a color adjustment process to reduce a variation in an output due to device-specific characteristics and improve the reproducibility of the output with respect to an input. Please see ADIRI (US 20210142890 A1), Paragraph [0005, 0057] and SUZUKI (US 20130242319 A1), Paragraph [0003, 0011].
Claims 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over ADIRI (US 20210142890 A1), hereinafter referenced as ADIRI in view of HAMMOND (US 20190212311 A1), hereinafter referenced as HAMMOND in further view of ROACH (US 20170270508 A1), hereinafter referenced as ROACH in further view of OH (US 20230116619 A1), hereinafter referenced as OH in further view of SUZUKI (US 20130242319 A1), hereinafter referenced as SUZUKI in further view of WOODS (US 20170280134 A1), hereinafter referenced as WOODS.
Regarding claim 4, ADIRI and HAMMOND in view of ROACH, in further view of OH, and in further view of SUZUKI teach the method of claim 3,
ADIRI fails to explicitly teach wherein the acquiring of the center points of the plurality of color patches includes: and determining m-1 points by dividing the second horizontal line into m equal parts to be the center points of the plurality of color patches.
However, HAMMOND explicitly teaches wherein the acquiring of the center points of the plurality of color patches (Fig. 39, Paragraph [0067] – HAMMOND discloses a center point is defined for each of the plurality of color blocks [wherein color blocks are color patches], and the center points are defined from alignment indicators positioned on either side of the color calibration strip.) includes:
and determining m-1 points by dividing the second horizontal line into m equal parts to be the center points of the plurality of color patches (Fig. 41, Paragraph [0093] – HAMMOND discloses the system includes means for defining a center point of each of the plurality of color blocks, and the center points are defined from alignment indicators positioned on either side of the color calibration strip. Paragraph [0423] – HAMMOND further discloses indicators 158a and 158b can be used for image processing to automatically detect the color blocks 156a-e. A processing system may locate the indicators 158a and 158b in a received image and draw a line between the two indicators).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date the claimed invention was made to combine the teachings of ADIRI and HAMMOND in view of ROACH, further in view of OH, and further in view of SUZUKI, of having a method of operating an apparatus for managing a wound that captures a color chart, comprising: acquiring a measured image including the color chart; acquiring a location of a first marker included in the color chart based on the measured image; acquiring a location of a second marker included in the color chart based on the measured image; acquiring a location of a third marker included in the color chart based on the measured image; acquiring a location of a fourth marker included in the color chart based on the measured image; and acquiring center points of a plurality of color patches included in the color chart based on the location of the first marker, the location of the second marker, the location of the third marker, and the location of the fourth marker, with the teachings of HAMMOND having wherein the acquiring of the center points of the plurality of color patches includes: and determining m-1 points by dividing the second horizontal line into m equal parts to be the center points of the plurality of color patches.
Wherein having ADIRI’S method wherein the acquiring of the center points of the plurality of color patches includes: and determining m-1 points by dividing the second horizontal line into m equal parts to be the center points of the plurality of color patches.
The motivation behind the modification would have been to provide an enhanced method of medical examination to improve accuracy and the effectiveness of medical treatment, since both ADIRI and HAMMOND relate to wound care management, wherein ADIRI relates to providing new and improved ways for using personal communications devices for medical examination of skin features, and determined medical action may be intended to increase effectiveness of the medical treatment, and HAMMOND describes devices, wound dressings, and methods for determining the pH of fluid or a wound exudate at a wound, reducing the variation caused by color blindness or other differences in color perception between individuals, and thus improving accuracy compared to the subjective human determinations. Please see ADIRI (US 20210142890 A1), Paragraph [0005, 0057] and HAMMOND (US 20190212311 A1), Paragraph [0049].
ADIRI and HAMMOND in view of ROACH, in further view of OH, fail to explicitly teach generating a first vertical line connecting the location of the first marker and the location of the third marker; generating a second vertical line connecting the location of the second marker and the location of the fourth marker;
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Annotated diagram of SUZUKI’s Fig. 7 illustrating reference chart KC.
However, SUZUKI explicitly teaches generating a first vertical line connecting the location of the first marker and the location of the third marker (Fig. 7, Paragraph [0076] – SUZUKI discloses the distance measurement line lk is formed as a rectangular frame line surrounding the color-measurement reference color patch arrays Pa to Pd and the dot diameter measurement pattern array Pe. The chart position specification markers mk are arranged at four corners of the distance measurement line lk to specify the position of each of the patches [wherein the distance measurement line lk includes a first vertical line connecting the location of the first marker and the location of the third marker, see annotated Fig. 7 above].);
generating a second vertical line connecting the location of the second marker and the location of the fourth marker (Fig. 7, Paragraph [0076] – SUZUKI discloses the distance measurement line lk is formed as a rectangular frame line surrounding the color-measurement reference color patch arrays Pa to Pd and the dot diameter measurement pattern array Pe. The chart position specification markers mk are arranged at four corners of the distance measurement line lk to specify the position of each of the patches [wherein the distance measurement line lk includes a second vertical line connecting the location of the second marker and the location of the fourth marker, see annotated Fig. 7 above].);
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date the claimed invention was made to combine the teachings of ADIRI and HAMMOND in view of ROACH, further in view of OH, and further in view of SUZUKI, of having a method of operating an apparatus for managing a wound that captures a color chart, comprising: acquiring a measured image including the color chart; acquiring center points of a plurality of color patches included in the color chart based on the location of the first marker, the location of the second marker, the location of the third marker, and the location of the fourth marker, with the teachings of SUZUKI of having generating a first vertical line connecting the location of the first marker and the location of the third marker; generating a second vertical line connecting the location of the second marker and the location of the fourth marker.
Wherein having ADIRI’s method wherein having generating a first vertical line connecting the location of the first marker and the location of the third marker; generating a second vertical line connecting the location of the second marker and the location of the fourth marker.
The motivation behind the modification would have been to provide an enhanced method of medical examination to ultimately improve output reliability and the effectiveness of medical treatment, since both ADIRI and SUZUKI relate to imaging processes that use color measuring charts, wherein ADIRI relates to providing new and improved ways for using personal communications devices for medical examination of skin features, and determined medical action may be intended to increase effectiveness of the medical treatment, and SUZUKI describes an imaging unit, a color measuring device, an image forming apparatus, a color measuring system, and a color measuring method, wherein a conventional image forming apparatus performs a color adjustment process to reduce a variation in an output due to device-specific characteristics and improve the reproducibility of the output with respect to an input. Please see ADIRI (US 20210142890 A1), Paragraph [0005, 0057] and SUZUKI (US 20130242319 A1), Paragraph [0003, 0011].
ADIRI and HAMMOND in view of ROACH, in further view of OH, and in further view of SUZUKI teach fail to explicitly teach determining a first sub point by bisecting the first vertical line; determining a second sub point by bisecting the second vertical line; generating a second horizontal line connecting the first sub point and the second sub point;
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Annotated diagram of WOODS Fig. 44A
However, WOODS explicitly teaches determining a first sub point by bisecting the first vertical line (Fig. 44A, Paragraph [0203] – WOODS discloses the line through the centers of the circles (item 4412) bisects the vertical line segments (items 4408 and 4410) [see also annotated Fig. 44A above].);
determining a second sub point by bisecting the second vertical line (Fig. 44A, Paragraph [0203] – WOODS discloses the line through the centers of the circles (item 4412) bisects the vertical line segments (items 4408 and 4410) [see also annotated Fig. 44A above].);
generating a second horizontal line connecting the first sub point and the second sub point (Fig. 44A, Paragraph [0203] – WOODS discloses the line through the centers of the circles (item 4412) bisects the vertical line segments (items 4408 and 4410) [wherein item 4412 is a horizontal line connecting the first sub point and the second sub point; see also annotated Fig. 44A above].);
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date the claimed invention was made to combine the teachings of ADIRI and HAMMOND in view of ROACH, in further view of OH, and in further view of SUZUKI of having a method of operating an apparatus for managing a wound that captures a color chart, comprising: acquiring a measured image including the color chart; acquiring center points of a plurality of color patches included in the color chart based on the location of the first marker, the location of the second marker, the location of the third marker, and the location of the fourth marker, with the teachings of WOODS of having determining a first sub point by bisecting the first vertical line; determining a second sub point by bisecting the second vertical line; generating a second horizontal line connecting the first sub point and the second sub point.
Wherein having ADIRI’s method wherein having determining a first sub point by bisecting the first vertical line; determining a second sub point by bisecting the second vertical line; generating a second horizontal line connecting the first sub point and the second sub point.
The motivation behind the modification would have been to provide an enhanced method of medical examination through more accurate position detection, since both ADIRI and WOODS relate to imaging processing techniques that determine position or orientation of objects using feature based methods, wherein ADIRI relates to providing new and improved ways for using personal communications devices for medical examination of skin features, and determined medical action may be intended to increase effectiveness of the medical treatment, and WOODS is related to the field of tracking systems, enhancing the contrast of the geometric shape to improve the computing system’s recognition of shapes within a frame or scene. Please see ADIRI (US 20210142890 A1), Paragraph [0005, 0057] and WOODS (US 20170280134 A1), Paragraph [0003, 0011].
Regarding claim 5, ADIRI and HAMMOND in view of ROACH, in further view of OH, in further view of SUZUKI, and in further view of WOODS teach the method of claim 4,
ADIRI fails to explicitly teach wherein the acquiring of the center points of the plurality of color patches includes: and determining k-1 points by dividing the third horizontal line into k equal parts to be center points of the plurality of color patches.
However, HAMMOND explicitly teaches wherein the acquiring of the center points of the plurality of color patches (Fig. 39, Paragraph [0067] – HAMMOND discloses a center point is defined for each of the plurality of color blocks [wherein color blocks are color patches], and the center points are defined from alignment indicators positioned on either side of the color calibration strip.) includes:
and determining k-1 points by dividing the third horizontal line into k equal parts to be center points of the plurality of color patches (Fig. 41, Paragraph [0093] – HAMMOND discloses the system includes means for defining a center point of each of the plurality of color blocks, and the center points are defined from alignment indicators positioned on either side of the color calibration strip. Paragraph [0423] – HAMMOND further discloses indicators 158a and 158b can be used for image processing to automatically detect the color blocks 156a-e. A processing system may locate the indicators 158a and 158b in a received image and draw a line between the two indicators).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date the claimed invention was made to combine the teachings of ADIRI and HAMMOND in view of ROACH, in further view of OH, and in further view of SUZUKI of having a method of operating an apparatus for managing a wound that captures a color chart, comprising: acquiring a measured image including the color chart; acquiring center points of a plurality of color patches included in the color chart based on the location of the first marker, the location of the second marker, the location of the third marker, and the location of the fourth marker, with the teachings of HAMMOND of having wherein the acquiring of the center points of the plurality of color patches includes: and determining k-1 points by dividing the third horizontal line into k equal parts to be center points of the plurality of color patches.
Wherein having ADIRI’s method wherein the acquiring of the center points of the plurality of color patches includes: and determining k-1 points by dividing the third horizontal line into k equal parts to be center points of the plurality of color patches.
The motivation behind the modification would have been to provide an enhanced method of medical examination to improve accuracy and the effectiveness of medical treatment, since both ADIRI and HAMMOND relate to wound care management, wherein ADIRI relates to providing new and improved ways for using personal communications devices for medical examination of skin features, and determined medical action may be intended to increase effectiveness of the medical treatment, and HAMMOND describes devices, wound dressings, and methods for determining the pH of fluid or a wound exudate at a wound, reducing the variation caused by color blindness or other differences in color perception between individuals, and thus improving accuracy compared to the subjective human determinations. Please see ADIRI (US 20210142890 A1), Paragraph [0005, 0057] and HAMMOND (US 20190212311 A1), Paragraph [0049].
ADIRI and HAMMOND fail to explicitly teach generating a third horizontal line connecting the location of the third marker and the location of the fourth marker;
However, SUZUKI explicitly teaches generating a third horizontal line connecting the location of the third marker and the location of the fourth marker (Fig. 7, Paragraph [0076] – SUZUKI discloses the distance measurement line lk is formed as a rectangular frame line surrounding the color-measurement reference color patch arrays Pa to Pd and the dot diameter measurement pattern array Pe. The chart position specification markers mk are arranged at four corners of the distance measurement line lk to specify the position of each of the patches [wherein the distance measurement line lk includes a vertical line connecting the location of the third marker and the location of the fourth marker, see annotated Fig. 7 above].);
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date the claimed invention was made to combine the teachings of ADIRI and HAMMOND in view of ROACH, in further view of OH, and in further view of SUZUKI of having a method of operating an apparatus for managing a wound that captures a color chart, comprising: acquiring a measured image including the color chart; acquiring center points of a plurality of color patches included in the color chart based on the location of the first marker, the location of the second marker, the location of the third marker, and the location of the fourth marker, with the teachings of SUZUKI of having generating a third horizontal line connecting the location of the third marker and the location of the fourth marker.
Wherein having ADIRI’s method wherein having generating a third horizontal line connecting the location of the third marker and the location of the fourth marker.
The motivation behind the modification would have been to provide an enhanced method of medical examination to ultimately improve output reliability and the effectiveness of medical treatment, since both ADIRI and SUZUKI relate to imaging processes that use color measuring charts, wherein ADIRI relates to providing new and improved ways for using personal communications devices for medical examination of skin features, and determined medical action may be intended to increase effectiveness of the medical treatment, and SUZUKI describes an imaging unit, a color measuring device, an image forming apparatus, a color measuring system, and a color measuring method, wherein a conventional image forming apparatus performs a color adjustment process to reduce a variation in an output due to device-specific characteristics and improve the reproducibility of the output with respect to an input. Please see ADIRI (US 20210142890 A1), Paragraph [0005, 0057] and SUZUKI (US 20130242319 A1), Paragraph [0003, 0011].
Regarding claim 6, ADIRI and HAMMOND in view of ROACH, in further view of OH, in further view of SUZUKI, and in further view of WOODS teach the method of claim 5,
ADIRI fails to explicitly teach further comprising: acquiring a first pixel length by dividing a pixel length of the first horizontal line into n equal parts; acquiring a second pixel length by dividing a pixel length of the second horizontal line into m equal parts; acquiring a third pixel length by dividing a pixel length of the third horizontal line into k equal parts; acquiring a predetermined actual distance between the center points of the plurality of color patches; and acquiring an actual distance per pixel using the predetermined actual distance and the representative pixel length.
However, HAMMOND explicitly teaches further comprising: acquiring a first pixel length by dividing a pixel length of the first horizontal line into n equal parts (Fig. 41, Paragraph [0423] – HAMMOND discloses indicators 158a and 158b can be used for image processing to automatically detect the color blocks 156a-e. A processing system may locate the indicators 158a and 158b in a received image and draw a line [wherein a line is the first horizontal line] between the two indicators. Paragraph [0093] – HAMMOND further discloses the system includes means for defining a center point of each of the plurality of color blocks, and the center points are defined from alignment indicators positioned on either side of the color calibration strip. Paragraph [0413] – HAMMOND further discloses each region of interest may be defined as a set shape of a set number of pixels surrounding the center of the color block.);
acquiring a second pixel length by dividing a pixel length of the second horizontal line into m equal parts (Fig. 41, Paragraph [0423] – HAMMOND discloses indicators 158a and 158b can be used for image processing to automatically detect the color blocks 156a-e. A processing system may locate the indicators 158a and 158b in a received image and draw a line [wherein a line is the second horizontal line] between the two indicators. Paragraph [0093] – HAMMOND further discloses the system includes means for defining a center point of each of the plurality of color blocks, and the center points are defined from alignment indicators positioned on either side of the color calibration strip. Paragraph [0413] – HAMMOND further discloses each region of interest may be defined as a set shape of a set number of pixels surrounding the center of the color block.);
acquiring a third pixel length by dividing a pixel length of the third horizontal line into k equal parts (Fig. 41, Paragraph [0423] – HAMMOND discloses indicators 158a and 158b can be used for image processing to automatically detect the color blocks 156a-e. A processing system may locate the indicators 158a and 158b in a received image and draw a line [wherein a line is the third horizontal line] between the two indicators. Paragraph [0093] – HAMMOND further discloses the system includes means for defining a center point of each of the plurality of color blocks, and the center points are defined from alignment indicators positioned on either side of the color calibration strip. Paragraph [0413] – HAMMOND further discloses each region of interest may be defined as a set shape of a set number of pixels surrounding the center of the color block.);
acquiring a predetermined actual distance between the center points of the plurality of color patches (Fig. 39, Paragraph [0067] – HAMMOND discloses a center point is defined for each of the plurality of color blocks [wherein color blocks are color patches], and the center points are defined from alignment indicators positioned on either side of the color calibration strip.);
and acquiring an actual distance per pixel using the predetermined actual distance and the representative pixel length (Fig. 39, Paragraph [0054] – HAMMOND discloses extracting dressing RGB values from the captured image includes determining individual pixel RGB values for each one of a plurality of pixels in the wound dressing image and averaging the individual pixel RGB values for the plurality of pixels to determine the dressing RGB values. Such methods include defining a center point of the captured image and defining a dressing circle region around the center point of the image where the dressing circle region includes the plurality of pixels for which the individual pixel RGB values are determined.).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date the claimed invention was made to combine the teachings of ADIRI and HAMMOND in view of ROACH, in further view of OH, and in further view of SUZUKI of having a method of operating an apparatus for managing a wound that captures a color chart, comprising: acquiring a measured image including the color chart; acquiring center points of a plurality of color patches included in the color chart based on the location of the first marker, the location of the second marker, the location of the third marker, and the location of the fourth marker, with the teachings of HAMMOND of having further comprising: acquiring a first pixel length by dividing a pixel length of the first horizontal line into n equal parts; acquiring a second pixel length by dividing a pixel length of the second horizontal line into m equal parts; acquiring a third pixel length by dividing a pixel length of the third horizontal line into k equal parts; acquiring a predetermined actual distance between the center points of the plurality of color patches; and acquiring an actual distance per pixel using the predetermined actual distance and the representative pixel length.
Wherein having ADIRI’s method further comprising: acquiring a first pixel length by dividing a pixel length of the first horizontal line into n equal parts; acquiring a second pixel length by dividing a pixel length of the second horizontal line into m equal parts; acquiring a third pixel length by dividing a pixel length of the third horizontal line into k equal parts; acquiring a predetermined actual distance between the center points of the plurality of color patches; and acquiring an actual distance per pixel using the predetermined actual distance and the representative pixel length.
The motivation behind the modification would have been to provide an enhanced method of medical examination to improve accuracy and the effectiveness of medical treatment, since both ADIRI and HAMMOND relate to wound care management, wherein ADIRI relates to providing new and improved ways for using personal communications devices for medical examination of skin features, and determined medical action may be intended to increase effectiveness of the medical treatment, and HAMMOND describes devices, wound dressings, and methods for determining the pH of fluid or a wound exudate at a wound, reducing the variation caused by color blindness or other differences in color perception between individuals, and thus improving accuracy compared to the subjective human determinations. Please see ADIRI (US 20210142890 A1), Paragraph [0005, 0057] and HAMMOND (US 20190212311 A1), Paragraph [0049].
ADIRI and HAMMOND in view of ROACH, in further view of OH fail to explicitly teach determining a representative pixel length using at least one of the first pixel length, the second pixel length, and the third pixel length;
However, SUZUKI explicitly teaches determining a representative pixel length using at least one of the first pixel length, the second pixel length, and the third pixel length (Fig. 13B, Paragraph [0118] – SUZUKI discloses the calculating unit 124 of the color measurement control unit 106 stores the initial reference RGB values RdGdBd, which are RGB values obtained by reading and processing the initial reference color patches of the reference chart KC by the image processing unit 110, in the nonvolatile memory 125 as illustrated in FIG. 13A. Paragraph [0119] – SUZUKI discloses initial reference RGB values RdGdBd are calculated by averaging a number of pixels in the measurement target region.);
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date the claimed invention was made to combine the teachings of ADIRI and HAMMOND in view of ROACH, in further view of OH, and in further view of SUZUKI of having a method of operating an apparatus for managing a wound that captures a color chart, comprising: acquiring a measured image including the color chart; acquiring center points of a plurality of color patches included in the color chart based on the location of the first marker, the location of the second marker, the location of the third marker, and the location of the fourth marker, with the teachings of SUZUKI of having determining a representative pixel length using at least one of the first pixel length, the second pixel length, and the third pixel length.
Wherein having ADIRI’s method wherein having determining a representative pixel length using at least one of the first pixel length, the second pixel length, and the third pixel length.
The motivation behind the modification would have been to provide an enhanced method of medical examination to ultimately improve output reliability and the effectiveness of medical treatment, since both ADIRI and SUZUKI relate to imaging processes that use color measuring charts, wherein ADIRI relates to providing new and improved ways for using personal communications devices for medical examination of skin features, and determined medical action may be intended to increase effectiveness of the medical treatment, and SUZUKI describes an imaging unit, a color measuring device, an image forming apparatus, a color measuring system, and a color measuring method, wherein a conventional image forming apparatus performs a color adjustment process to reduce a variation in an output due to device-specific characteristics and improve the reproducibility of the output with respect to an input. Please see ADIRI (US 20210142890 A1), Paragraph [0005, 0057] and SUZUKI (US 20130242319 A1), Paragraph [0003, 0011].
Regarding claim 7, ADIRI and HAMMOND in view of ROACH, in further view of OH, in further view of SUZUKI, and in further view of WOODS teach the method of claim 6,
ADIRI fails to explicitly teach further comprising: determining a seventh point, an eighth point, and a ninth point by quartering the third horizontal line to be center points of the plurality of color patches; acquiring the center points of the plurality of color patches, and then correcting a red color of the measured image based on a pixel value of the seventh point; correcting a green color of the measured image based on a pixel value of the eighth point; and correcting a blue color of the measured image based on a pixel value of the ninth point.
However, HAMMOND explicitly teaches further comprising: determining a seventh point, an eight point, and a ninth point by quartering the third horizontal line to be center points of the plurality of color patches (Fig. 41, Paragraph [0093] – HAMMOND discloses the system includes means for defining a center point of each of the plurality of color blocks, and the center points are defined from alignment indicators positioned on either side of the color calibration strip. Paragraph [0423] – HAMMOND further discloses indicators 158a and 158b can be used for image processing to automatically detect the color blocks 156a-e. A processing system may locate the indicators 158a and 158b in a received image and draw a line between the two indicators);
acquiring the center points of the plurality of color patches (Fig. 41, Paragraph [0093] – HAMMOND discloses the system includes means for defining a center point of each of the plurality of color blocks, and the center points are defined from alignment indicators positioned on either side of the color calibration strip.),
and then correcting a red color of the measured image based on a pixel value of the seventh point (Fig. 39, Paragraph [0414] – HAMMOND discloses though the colors in the strip may be the same between different dressings or different images of the same dressings, variations in lighting and image capture condition can cause different RGB value determinations at step 120 between readings. The purpose of the color calibration strip is to identify, and correct for, this variation in readings of identical colors between images.);
correcting a green color of the measured image based on a pixel value of the eighth point (Fig. 39, Paragraph [0414] – HAMMOND discloses though the colors in the strip may be the same between different dressings or different images of the same dressings, variations in lighting and image capture condition can cause different RGB value determinations at step 120 between readings. The purpose of the color calibration strip is to identify, and correct for, this variation in readings of identical colors between images.);
and correcting a blue color of the measured image based on a pixel value of the ninth point (Fig. 39, Paragraph [0414] – HAMMOND discloses though the colors in the strip may be the same between different dressings or different images of the same dressings, variations in lighting and image capture condition can cause different RGB value determinations at step 120 between readings. The purpose of the color calibration strip is to identify, and correct for, this variation in readings of identical colors between images.).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date the claimed invention was made to combine the teachings of ADIRI and HAMMOND in view of ROACH, in further view of OH, and in further view of SUZUKI of having a method of operating an apparatus for managing a wound that captures a color chart, comprising: acquiring a measured image including the color chart; acquiring center points of a plurality of color patches included in the color chart based on the location of the first marker, the location of the second marker, the location of the third marker, and the location of the fourth marker, with the teachings of HAMMOND of having further comprising: determining a seventh point, an eighth point, and a ninth point by quartering the third horizontal line to be center points of the plurality of color patches; acquiring the center points of the plurality of color patches, and then correcting a red color of the measured image based on a pixel value of the seventh point; correcting a green color of the measured image based on a pixel value of the eighth point; and correcting a blue color of the measured image based on a pixel value of the ninth point.
Wherein having ADIRI’s method further comprising: determining a seventh point, an eighth point, and a ninth point by quartering the third horizontal line to be center points of the plurality of color patches; acquiring the center points of the plurality of color patches, and then correcting a red color of the measured image based on a pixel value of the seventh point; correcting a green color of the measured image based on a pixel value of the eighth point; and correcting a blue color of the measured image based on a pixel value of the ninth point.
The motivation behind the modification would have been to provide an enhanced method of medical examination to improve accuracy and the effectiveness of medical treatment, since both ADIRI and HAMMOND relate to wound care management, wherein ADIRI relates to providing new and improved ways for using personal communications devices for medical examination of skin features, and determined medical action may be intended to increase effectiveness of the medical treatment, and HAMMOND describes devices, wound dressings, and methods for determining the pH of fluid or a wound exudate at a wound, reducing the variation caused by color blindness or other differences in color perception between individuals, and thus improving accuracy compared to the subjective human determinations. Please see ADIRI (US 20210142890 A1), Paragraph [0005, 0057] and HAMMOND (US 20190212311 A1), Paragraph [0049].
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over ADIRI (US 20210142890 A1), hereinafter referenced as ADIRI in view of HAMMOND (US 20190212311 A1), hereinafter referenced as HAMMOND in further view of ROACH (US 20170270508 A1), hereinafter referenced as ROACH in further view of OH (US 20230116619 A1), hereinafter referenced as OH in further view of SUZUKI (US 20130242319 A1), hereinafter referenced as SUZUKI in further view of WOODS (US 20170280134 A1), hereinafter referenced as WOODS in further view of NAGAI (US 20170082493 A1), hereinafter referenced as NAGAI.
Regarding claim 8, ADIRI and HAMMOND in view of ROACH, in further view of OH, in further view of SUZUKI, and in further view of WOODS teach the method of claim 7,
ADIRI and HAMMOND in view of ROACH, in further view of OH, in further view of SUZUKI, and in further view of WOODS fail to explicitly teach wherein each of the plurality of color patches included in the color chart is one of squares whose one-side lengths are 5 mm, 10 mm, 15 mm, and 20 mm, and a distance between the plurality of color patches is 2 mm.
However, NAGAI explicitly teaches wherein each of the plurality of color patches included in the color chart is one of squares whose one-side lengths are 5 mm, 10 mm, 15 mm, and 20 mm (Fig. 15, Paragraph [0107] – NAGAI explicitly teaches information about at least one of horizontal lengths of the patch [wherein the patch is the color patch] and the gap (e.g., information that the horizontal length of the patch is in the range of 6 mm to 30 mm, and the gap length is 20% or less of the patch length)),
and a distance between the plurality of color patches is 2 mm (Fig. 15, Paragraph [0107] – NAGAI explicitly teaches information about at least one of horizontal lengths of the patch [wherein the patch is the color patch] and the gap (e.g., information that the horizontal length of the patch is in the range of 6 mm to 30 mm, and the gap length is 20% or less of the patch length) [wherein the gap length is a distance between the plurality of color patches].).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date the claimed invention was made to combine the teachings of ADIRI and HAMMOND in view of ROACH, in further view of OH, and in further view of SUZUKI of having a method of operating an apparatus for managing a wound that captures a color chart, comprising: acquiring a measured image including the color chart; acquiring center points of a plurality of color patches included in the color chart based on the location of the first marker, the location of the second marker, the location of the third marker, and the location of the fourth marker, with the teachings of NAGAI of having wherein each of the plurality of color patches included in the color chart is one of squares whose one-side lengths are 5 mm, 10 mm, 15 mm, and 20 mm, and a distance between the plurality of color patches is 2 mm.
Wherein having ADIRI’s method wherein each of the plurality of color patches included in the color chart is one of squares whose one-side lengths are 5 mm, 10 mm, 15 mm, and 20 mm, and a distance between the plurality of color patches is 2 mm.
The motivation behind the modification would have been to provide an enhanced method of medical examination through more accurate position detection and calibration, since both ADIRI and NAGAI relate to imaging processes that use color measuring charts, wherein ADIRI relates to providing new and improved ways for using personal communications devices for medical examination of skin features, and determined medical action may be intended to increase effectiveness of the medical treatment, and NAGAI describes a color measurement device and method to more accurately detect a position of each patch to measure a color of the patch at a more proper position. Please see ADIRI (US 20210142890 A1), Paragraph [0005, 0057] and NAGAI (US 20170082493 A1), Paragraph [0009].
Conclusion
Listed below are the prior arts made of record and not relied upon but are considered pertinent to applicant’s disclosure.
BARKER et al. (US 20180121625 A1) - Disclosed is a method of facilitating wound care management of a subject. The method includes receiving a request for wound management from a user device. Further, the method includes receiving one or more images of a wound of the subject from the user device. Yet further, the method includes analyzing the one or more images of the wound. Moreover, the method includes determining one or more medical conditions of the wound based on the analyzing. Further, the method includes generating one or more work schedules for one or more healthcare-providers based on at least one of the request and the one or more medical conditions. Yet further, the method includes transmitting the one or more work schedules to one or more healthcare-provider devices associated with the one or more healthcare-providers..… Fig. 1, Abstract.
SAXBY et al. (US 20170000407 A1) - Systems, devices, and methods are provided for monitoring wound status and progression by measuring pH levels indicated by pH-sensitive wound dressings. In some implementations, a wound is monitored by capturing an image of the pH-sensitive wound dressing and processing the captured image to determine the color of a pH indicator included on the wound dressing. The color of the indicator is determined in terms of RGB values from the image, and a pH value for the wound dressing is calculated from the dressing RGB values. The calculated pH value is then relayed to a user to be used as an indicator of wound status or health...… Fig. 1, Abstract.
GOTTWALS et al. (US 20140232879 A1) - The present disclosure relates to color calibration chart acquisition. In an example, a video acquired by an imaging device may be processed. The video may be analyzed to automatically detect a reproduction of a color calibration chart. Upon detection of a reproduction of the color calibration chart, it may be determined whether color calibration chart reproduction quality is within a selected quality threshold. Upon determining that color calibration chart reproduction quality is not within a selected threshold, user feedback may be provided, via the imaging device, to dynamically guide the user to make adjustments in the video acquisition in order to obtain a color calibration chart reproduction within the selected quality threshold....… Fig. 1, Abstract.
SARTOR et al. (US 6278483 B1) - A process for obtaining image coordinates of pixels of a digital image scanned from an original image on photographic film that has at least two fiducial marks on the photographic film associated with the original includes the steps of scanning an area of the photographic film, including the original image and the fiducial marks, with an original scan resolution to form an original digital image. The dimensional position of the fiducial marks in the original digital image is detected, and the dimensional distance between pairs of the fiducial marks is determined. The number of pixels in the original digital image between the pairs of fiducial marks is determined, and image coordinates of a location of a selected pixel of the original digital image are referenced with respect to the fiducial marks. The referencing is effected by computing a dimension-to-pixel conversion factor.alpha. by dividing the dimensional distance between pairs of the fiducial marks by the number of pixels in the original digital image between the pairs of fiducial marks...… Fig. 1, Abstract.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BEZAWIT N SHIMELES whose telephone number is (571)272-7663. The examiner can normally be reached M-F 7:30am-5pm.
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/BEZAWIT NOLAWI SHIMELES/ Examiner, Art Unit 2673
/CHINEYERE WILLS-BURNS/Supervisory Patent Examiner, Art Unit 2673
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