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 .
Election/Restrictions
Newly submitted claims 12-15 and 16-17 directed to an invention that is independent or distinct from the invention originally claimed for the following reasons:
The originally prosecuted claims are specific to a human body surface temperature calculation system comprising: an infrared sensor; and at least one processor configured to perform operations comprising: obtaining temperature distribution data indicating a temperature distribution in a target space, the temperature distribution data being obtained by the infrared sensor; generating a thermal image of the target space based on the temperature distribution data; extracting, using a machine learning model, a human region indicating a person captured in the thermal image; extracting a temperature value group corresponding to the human region from the temperature distribution data; calculating a body surface temperature of the person based on the temperature value group extracted; and determining whether a distance between a pixel indicating a maximum value in the thermal image and a pixel indicating a next largest temperature value after the maximum value in the thermal image is greater than or equal to a predetermined distance; wherein when it is determined that (i) the maximum value and the next largest temperature value after the maximum value exceed a first temperature value and (ii) the distance is greater than or equal to the predetermined distance, the calculating comprises calculating the body surface temperature of the person based on a remaining temperature value group obtained by excluding, from the temperature value group corresponding to the human region, a first temperature value group of temperature values greater than or equal to a difference between the next largest temperature value after the maximum value and a first threshold. The newly added claims are instead directed to determining whether a distance between a pixel indicating a minimum value in the thermal image and a pixel indicating a next smallest temperature value after the minimum value in the thermal image is greater than or equal to a predetermined distance; wherein when it is determined that (i) the minimum value and the next smallest temperature value after the minimum value fall below a second temperature value and (ii) the distance is greater than or equal to the predetermined distance, the calculating comprises calculating the body surface temperature of the person based on a remaining temperature value group obtained by excluding, from the temperature value group corresponding to the human region, a first temperature value group of temperature values less than or equal to a sum of the next smallest temperature value after the minimum value and a second threshold. The groups of inventions listed above do not relate to a single general inventive concept under PCT Rule 13.1 because, under PCT Rule 13.2, they lack the same or corresponding special technical features for the following reasons:
Claims 1-11 (invention I) and 12-15 (invention II) lack unity of invention because even though the inventions require an infrared sensor; and at least one processor configured to perform operations comprising: obtaining temperature distribution data indicating a temperature distribution in a target space, the temperature distribution data being obtained by the infrared sensor; generating a thermal image of the target space based on the temperature distribution data; extracting, using a machine learning model, a human region indicating a person captured in the thermal image; and extracting a temperature value group corresponding to the human region from the temperature distribution data; calculating a body surface temperature of the person based on the temperature value group extracted, this technical feature is not a special technical feature as it does not make a contribution over the prior art in view of Chiu et al (US 20220330835 A1), which teaches:
a human body surface temperature calculation system (hybrid body temperature measurement system 1 [0034]) comprising:
an infrared sensor (The temperature sensor 10 may be a thermographic camera, an infrared camera, a thermal imaging camera, or other sensors that image in response to temperatures or infrared rays [0027]);
and at least one processor (processor [0027]) configured to perform operations comprising:
obtaining temperature distribution data indicating a temperature distribution in a target space, the temperature distribution data being obtained by the infrared sensor (The thermal image or the data array thereof records a temperature distribution [0027]);
generating a thermal image of the target space based on the temperature distribution data (the temperature sensor 10 may generate a thermal image, and sensing values (e.g., temperatures or infrared rays) on several pixels in the thermal image may form a data array (e.g., each element in the two-dimensional array corresponds to one pixel). The thermal image or the data array thereof records a temperature distribution [0027]);
extracting… a human region indicating a person captured in the thermal image (the processor 130 may determine whether the to-be-detected object (assumed to be a biological body, such as a human body) is present in each of the blocks according to a determination table. [0057]); and
extracting a temperature value group corresponding to the human region from the temperature distribution data (the processor 130 may determine whether the to-be-detected object (assumed to be a biological body, such as a human body) is present in each of the blocks according to a determination table. [0057]);,
calculating a body surface temperature of the person based on the temperature value group extracted (In an embodiment, the processor 130 may determine a representative temperature of one or multiple sub-blocks in each of the blocks and determine whether one or more to-be-detected objects are present in the corresponding block [0044]).
Although Chiu is silent regarding extracting, using a machine learning model, a human region indicating a person captured in the thermal image, it would have been obvious to one of ordinary skill in the art, before the effective filing date, to extract using machine learning model a human region indicating a person captured in the thermal in order to facilitate and automate human recognition in an thermal image (See MPEP §2144.04 III. Automating a manual activity).
Claims 1-11 (invention I) and 16-17 (invention III) lack unity of invention because even though the inventions require: obtaining temperature distribution data indicating a temperature distribution in a target space, the temperature distribution data being obtained by the infrared sensor; generating a thermal image of the target space based on the temperature distribution data; extracting, using a machine learning model, a human region indicating a person captured in the thermal image; and extracting a temperature value group corresponding to the human region from the temperature distribution data; calculating a body surface temperature of the person based on the temperature value group extracted, this technical feature is not a special technical feature as it does not make a contribution over the prior art in view of Chiu et al (US 20220330835 A1), which teaches:
obtaining temperature distribution data indicating a temperature distribution in a target space, the temperature distribution data being obtained by the infrared sensor (The thermal image or the data array thereof records a temperature distribution [0027]);
generating a thermal image of the target space based on the temperature distribution data (the temperature sensor 10 may generate a thermal image, and sensing values (e.g., temperatures or infrared rays) on several pixels in the thermal image may form a data array (e.g., each element in the two-dimensional array corresponds to one pixel). The thermal image or the data array thereof records a temperature distribution [0027]);
extracting… a human region indicating a person captured in the thermal image (the processor 130 may determine whether the to-be-detected object (assumed to be a biological body, such as a human body) is present in each of the blocks according to a determination table. [0057]); and
extracting a temperature value group corresponding to the human region from the temperature distribution data (the processor 130 may determine whether the to-be-detected object (assumed to be a biological body, such as a human body) is present in each of the blocks according to a determination table. [0057]);,
calculating a body surface temperature of the person based on the temperature value group extracted (In an embodiment, the processor 130 may determine a representative temperature of one or multiple sub-blocks in each of the blocks and determine whether one or more to-be-detected objects are present in the corresponding block [0044]).
Although Chiu is silent regarding extracting, using a machine learning model, a human region indicating a person captured in the thermal image, it would have been obvious to one of ordinary skill in the art, before the effective filing date, to extract using machine learning model a human region indicating a person captured in the thermal in order to facilitate and automate human recognition in an thermal image (See MPEP §2144.04 III. Automating a manual activity).
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 12-17 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Response to Amendment
This office action is in response to the remarks filed on 10/15/2025.
The amendment filed 10/15/2025 has been entered. Claims 1, 6, 7 remain pending in the application, claims 2-5 been canceled, and claims 8-17 been newly added, and claims 12-17 have been withdrawn.
Claim 1 is no longer interpreted under 112(f) in light of claim amendments.
The 112(b) rejection has been withdrawn in light of canceled claim 2.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1, and 6-11 are rejected under 35 U.S.C. 101
Regarding claim 1,
Step 1: Statutory category: Yes- A human body surface temperature calculation system is disclosed; therefore, a device is disclosed.
Step 2: Step 2A, Prong 1, Judicial Exception: Yes - This claim recites the limitations
“a human region indicating a person captured in the thermal image”, “extracting… a human region indicating a person captured in the thermal image”, “calculating a body surface temperature of the person based on the temperature value group extracted”, and “determining whether a distance between a pixel indicating a maximum value in the thermal image and a pixel indicating a next largest temperature value after the maximum value in the thermal image is greater than or equal to a predetermined distance; wherein when it is determined that (i) the maximum value and the next largest temperature value after the maximum value exceed a first temperature value and (ii) the distance is greater than or equal to the predetermined distance, the calculating comprises calculating the body surface temperature of the person based on a remaining temperature value group obtained by excluding, from the temperature value group corresponding to the human region, a first temperature value group of temperature values greater than or equal to a difference between the next largest temperature value after the maximum value and a first threshold”.
This limitation, as drafted, according to its broadest reasonable interpretation, recites a mental-process type abstract idea, which can practically be performed in the mind and/or with the with the aid of pen and paper or with a generic computer, in a computer environment, or merely using the generic computer as a tool to perform the steps. One of ordinary skill in the art could determine what area a human is captured in the thermal image, and determine the body surface temperature by excluding any points that are not within a predetermine temperature threshold, and within a predetermined distance, and use the remaining temperature values to determine the body surface temperature using pen and paper or with a generic computer.
That is, nothing in the claim element precludes the step from practically being performed in the mind and/or be reasonably performed with an aid of pen and paper or on a generic computer. Accordingly, the claim recites a mental process-type abstract idea.
Step 2A, Prong 2, Integrated into Practical Application: No- the claim recites the following additional elements of “at least one processor configured to perform operations comprising: obtaining temperature distribution data indicating a temperature distribution in a target space”, “generating a thermal image of the target space based on the temperature distribution data”, “extracting, using a machine learning model”, “extracting a temperature value group corresponding to the human region from the temperature distribution data”.
Obtaining temperature distribution data, and extracting temperature value group is a form of data gathering that is a form of a pre-solution insignificant activity. Generating a thermal image is post-solution insignificant activity.
These additional elements, taken individually or in combination, merely amount to insignificant pre/post-solution activities and do not integrate the judicial exception into a practical application. This claim is therefore directed to an abstract idea.
Step 2B, Inventive Concept: No - Similarly to Step 2A Prong 2, the additional claim elements merely recite insignificant extra-solution activities, which do not amount to significantly more than the judicial exception. For these reasons, there is no inventive concept in the claim. The claim additionally recites “an infrared sensor”, and “at least one processor configured to perform operations comprising”, however, infrared sensors and processors are well-known generic components that are used for thermal image processing.
Accordingly, claim 1 is directed to non-eligible patent subject matter and is therefore rejected.
Regarding claim 6,
Step 1: Statutory category: Yes- A human body surface temperature calculation method is disclosed; therefore, a method is disclosed.
Step 2: Step 2A, Prong 1, Judicial Exception: Yes- This claim recites the limitations:
“extracting… a human region indicating a person captured in the thermal image”, and”, and “determining whether a distance between a pixel indicating a maximum value in the thermal image and a pixel indicating a next largest temperature value after the maximum value in the thermal image is greater than or equal to a predetermined distance; wherein when it is determined that (i) the maximum value and the next largest temperature value after the maximum value exceed a first temperature value and (ii) the distance is greater than or equal to the predetermined distance, the calculating comprises calculating the body surface temperature of the person based on a remaining temperature value group obtained by excluding, from the temperature value group corresponding to the human region, a temperature value group (a) of temperature values greater than or equal to a difference between the next largest temperature value after the maximum value and a first threshold”
This limitation, as drafted, according to its broadest reasonable interpretation, recites a mental-process type abstract idea, which can practically be performed in the mind and/or with the with the aid of pen and paper or with a generic computer, in a computer environment, or merely using the generic computer as a tool to perform the steps. One of ordinary skill in the art could determine what area a human is captured in the thermal image, and determine the body surface temperature by excluding any points that are not within a predetermine temperature threshold, or within a predetermined distance, and use the remaining temperature values to determine the body surface temperature.
That is, nothing in the claim element precludes the step from practically being performed in the mind and/or be reasonably performed with an aid of pen and paper or on a generic computer. Accordingly, the claim recites a mental process-type abstract idea.
Step 2A, Prong 2, Integrated into Practical Application: No- the claim recites the following additional elements of “obtaining temperature distribution data indicating a temperature distribution in a target space”, “generating a thermal image of the target space based on the temperature distribution data obtained in the obtaining”, “extracting, using a machine learning model”, “extracting a temperature value group corresponding to the human region from the temperature distribution data and calculating a body surface temperature of the person based on the temperature value group extracted”
Obtaining temperature distribution data, and extracting temperature value group is a form of data gathering that is a form of a pre-solution insignificant activity. Generating a thermal image is post-solution insignificant activity.
These additional elements, taken individually or in combination, merely amount to insignificant pre/post-solution activities and do not integrate the judicial exception into a practical application. This claim is therefore directed to an abstract idea.
Step 2B, Inventive Concept: No - Similarly to Step 2A Prong 2, the additional claim elements merely recite insignificant extra-solution activities, which do not amount to significantly more than the judicial exception. For these reasons, there is no inventive concept in the claim.
Accordingly, claim 6 is directed to non-eligible patent subject matter and is therefore rejected.
Regarding claim 7,
Step 1: Statutory category: None- It is initially noted that Claim 7 is directed to software per se and therefore is not one of the four recited patentable statutory categories. Claim 7 is therefore not patent eligible at Step 1 of the analysis.
Regarding claim 8.
Step 1: Statutory category: Yes- A human body surface temperature calculation system is disclosed; therefore, a device is disclosed.
Step 2: Step 2A, Prong 1, Judicial Exception: Yes- This claim recites the limitation “wherein when it is determined that (i) the maximum value and the next largest temperature value after the maximum value exceed the first temperature value and (ii) the distance is less than the predetermined distance, the calculating comprises calculating the body surface temperature of the person based on a remaining temperature value group obtained by excluding, from the temperature value group corresponding to the human region, a second temperature value group of temperature values greater than or equal to a difference between the maximum value and the first threshold”
This limitation, as drafted, according to its broadest reasonable interpretation, recites a mental-process type abstract idea, which can practically be performed in the mind and/or with the with the aid of pen and paper or with a generic computer, in a computer environment, or merely using the generic computer as a tool to perform the steps. One of ordinary skill in the art could determine the body surface temperature by excluding any points that are not within a predetermine temperature threshold, and within a predetermined distance, and use the remaining temperature values to determine the body surface temperature using pen and paper or with a generic computer.
That is, nothing in the claim element precludes the step from practically being performed in the mind and/or be reasonably performed with an aid of pen and paper or on a generic computer. Accordingly, the claim recites a mental process-type abstract idea.
Step 2A, Prong 2, Integrated into Practical Application: No- The claim does not contain additional elements. Therefore, the claim does not integrate the judicial exception into a practical application.
Step 2B, Inventive Concept: No - Similarly to Step 2A Prong 2, the additional claim elements merely recite insignificant extra-solution activities, which do not amount to significantly more than the judicial exception. For these reasons, there is no inventive concept in the claim.
Accordingly, claim 8 is directed to non-eligible patent subject matter and is therefore rejected.
Regarding claim 9,
Step 1: Statutory category: Yes- A human body surface temperature calculation system is disclosed; therefore, a device is disclosed.
Step 2: Step 2A, Prong 1, Judicial Exception: Yes- This claim recites the limitation “wherein when it is determined that the maximum value is less than or equal to the first temperature value, the calculating comprises calculating the body surface temperature of the person based on an entirety of the temperature value group; and when it is determined that (i) the next largest temperature value after the maximum value exceeds the first temperature value and (ii) the next largest temperature value after the maximum value is less than or equal to the first temperature value, the calculating comprises calculating the body surface temperature of the person based on a remaining temperature group excluding, from the temperature value group corresponding to the human region, a second temperature value group of temperature values greater than or equal to a difference between the maximum value and the first threshold”.
This limitation, as drafted, according to its broadest reasonable interpretation, recites a mental-process type abstract idea, which can practically be performed in the mind and/or with the with the aid of pen and paper or with a generic computer, in a computer environment, or merely using the generic computer as a tool to perform the steps. One of ordinary skill in the art could determine the body surface temperature by excluding any points that are not within a predetermine temperature threshold, or within a predetermined distance, and use the remaining temperature values to determine the body surface temperature using pen and paper or with a generic computer.
That is, nothing in the claim element precludes the step from practically being performed in the mind and/or be reasonably performed with an aid of pen and paper or on a generic computer. Accordingly, the claim recites a mental process-type abstract idea.
Step 2A, Prong 2, Integrated into Practical Application: No- The claim does not contain additional elements. Therefore, the claim does not integrate the judicial exception into a practical application.
Step 2B, Inventive Concept: No - Similarly to Step 2A Prong 2, the additional claim elements merely recite insignificant extra-solution activities, which do not amount to significantly more than the judicial exception. For these reasons, there is no inventive concept in the claim.
Accordingly, claim 9 is directed to non-eligible patent subject matter and is therefore rejected.
Regarding claim 10,
Step 1: Statutory category: Yes- A human body surface temperature calculation system is disclosed; therefore, a device is disclosed.
Step 2: Step 2A, Prong 1, Judicial Exception: Yes- This claim recites the limitation “The human body surface temperature calculation system according to claim 1, wherein the operations further comprise: determining the following (i), (ii), and (iii) in a stated order:(i) whether the maximum value exceeds the first temperature value;(ii) whether the next largest temperature value after the maximum value exceeds the first temperature value; and(iii) whether the distance is greater than or equal to the predetermined distance”.
This limitation, as drafted, according to its broadest reasonable interpretation, recites a mental-process type abstract idea, which can practically be performed in the mind and/or with the with the aid of pen and paper or with a generic computer, in a computer environment, or merely using the generic computer as a tool to perform the steps. One of ordinary skill in the art could using pen and paper or with a generic computer to calculate/determine whether the maximum value exceeds the first temperature value, whether the next largest temperature value after the maximum value exceeds the first temperature value, and whether the distance is greater than or equal to the predetermined distance.
That is, nothing in the claim element precludes the step from practically being performed in the mind and/or be reasonably performed with an aid of pen and paper or on a generic computer. Accordingly, the claim recites a mental process-type abstract idea.
Step 2A, Prong 2, Integrated into Practical Application: No- The claim does not contain additional elements. Therefore, the claim does not integrate the judicial exception into a practical application.
Step 2B, Inventive Concept: No - Similarly to Step 2A Prong 2, the additional claim elements merely recite insignificant extra-solution activities, which do not amount to significantly more than the judicial exception. For these reasons, there is no inventive concept in the claim.
Accordingly, claim 10 is directed to non-eligible patent subject matter and is therefore rejected.
Regarding claim 11,
Step 1: Statutory category: Yes- A human body surface temperature calculation system is disclosed; therefore, a device is disclosed.
Step 2: Step 2A, Prong 1, Judicial Exception: Yes- This claim contains a judicial exception as noted above for claim 1.
Step 2A, Prong 2, Integrated into Practical Application: No- the claim recites the following additional elements of “a first machine learning model that uses the thermal image as an input to output a super- resolution image” and “a second machine learning model that uses the super-resolution image output from the first machine learning model to output the human region”.
These additional elements, taken individually or in combination, merely amount to insignificant post-solution activities and do not integrate the judicial exception into a practical application. This claim is therefore directed to an abstract idea.
Step 2B, Inventive Concept: No - Similarly to Step 2A Prong 2, the additional claim elements merely recite insignificant extra-solution activities, which do not amount to significantly more than the judicial exception. For these reasons, there is no inventive concept in the claim.
Accordingly, claim 11 is directed to non-eligible patent subject matter and is therefore rejected.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 and 6-10 are rejected under 35 U.S.C. 103 as being unpatentable over Chiu et al (US 20220330835 A1, of record, hereinafter "Chiu") in view of Tremblay et al (US 20230043342 A1, of record, hereinafter "Trembley") and Saptharishi et al. (US 20220042851 A1, hereinafter “Saptharishi”).
Regarding claim 1, Chiu teaches a human body surface temperature calculation system (hybrid body temperature measurement system 1 [0034]) comprising:
an infrared sensor (The temperature sensor 10 may be a thermographic camera, an infrared camera, a thermal imaging camera, or other sensors that image in response to temperatures or infrared rays [0027]);
and at least one processor (processor [0027]) configured to perform operations comprising:
obtaining temperature distribution data indicating a temperature distribution in a target space, the temperature distribution data being obtained by the infrared sensor (The thermal image or the data array thereof records a temperature distribution [0027]);
generating a thermal image of the target space based on the temperature distribution data (the temperature sensor 10 may generate a thermal image, and sensing values (e.g., temperatures or infrared rays) on several pixels in the thermal image may form a data array (e.g., each element in the two-dimensional array corresponds to one pixel). The thermal image or the data array thereof records a temperature distribution [0027]);
extracting … a human region indicating a person captured in the thermal image (the processor 130 may determine whether the to-be-detected object (assumed to be a biological body, such as a human body) is present in each of the blocks according to a determination table. [0057]); and
extracting a temperature value group corresponding to the human region from the temperature distribution data (the processor 130 may determine whether the to-be-detected object (assumed to be a biological body, such as a human body) is present in each of the blocks according to a determination table. [0057]);,
calculating a body surface temperature of the person based on the temperature value group extracted (In an embodiment, the processor 130 may determine a representative temperature of one or multiple sub-blocks in each of the blocks and determine whether one or more to-be-detected objects are present in the corresponding block [0044]);
Chiu, however, does not teach:
extracting, using a machine learning model, a human region indicating a person captured in the thermal image
determining whether a distance between a pixel indicating a maximum value in the thermal image and a pixel indicating a next largest temperature value after the maximum value in the thermal image is greater than or equal to a predetermined distance; wherein when it is determined that (i) the maximum value and the next largest temperature value after the maximum value exceed a first temperature value and (ii) the distance is greater than or equal to the predetermined distance, the calculating comprises calculating the body surface temperature of the person based on a remaining temperature value group obtained by excluding, from the temperature value group corresponding to the human region, a first temperature value group of temperature values greater than or equal to a difference between the next largest temperature value after the maximum value and a first threshold.
Tremblay is analogous to the instant application as “Non-contact temperature measurement in thermal imaging systems and methods” is disclosed (title).
Trembley teaches:
extracting (executed by a computer (e.g., logic or processor-based system) [0046]), using a machine learning model, a human region indicating a person captured in the thermal image (an image processing algorithm to separate the background from the people. This may be performed through various techniques, including image analysis or spatial analysis to identify objects in three-dimensional space, by identifying and removing a learned background, etc. [0106]; Thermal images and/or other data are analyzed using machine learning to detect, tag and track people in the crowd [0036]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Chiu to include extracting, using a machine learning model, a human region indicating a person captured in the thermal image, as taught by Trembley. Doing so would allow to rapidly identify an individual that may have an elevated temperature, as suggested by Trembley ([0037]).
The combined invention still does not teach determining whether a distance between a pixel indicating a maximum value in the thermal image and a pixel indicating a next largest temperature value after the maximum value in the thermal image is greater than or equal to a predetermined distance; wherein when it is determined that (i) the maximum value and the next largest temperature value after the maximum value exceed a first temperature value and (ii) the distance is greater than or equal to the predetermined distance, the calculating comprises calculating the body surface temperature of the person based on a remaining temperature value group obtained by excluding, from the temperature value group corresponding to the human region, a first temperature value group of temperature values greater than or equal to a difference between the next largest temperature value after the maximum value and a first threshold.
The limitation “when it is determined that (i) the maximum value and the next largest temperature value after the maximum value exceed a first temperature value and (ii) the distance is greater than or equal to the predetermined distance, the calculating comprises calculating the body surface temperature of the person based on a remaining temperature value group obtained by excluding, from the temperature value group corresponding to the human region, a first temperature value group of temperature values greater than or equal to a difference between the next largest temperature value after the maximum value and a first threshold” which in an interpretation it may be construed as a conditional limitation where the conditional limitations may not be given a full weight as for considering the other case “when it is determined that (i) the maximum value and the next largest temperature value after the maximum value do not exceed a first temperature value and (ii) the distance is not greater than or equal to the predetermined distance, the calculating comprises …”. Even if arguendo the full patentable weight is put on this limitation, Saptharishi teaches the limitation as noted below.
Saptharishi is considered analogous to the instant application as “Face and inner canthi detection for thermographic body temperature measurement” is disclosed (title). Saptharishi teaches:
determining whether a distance between a pixel indicating a maximum value in the thermal image (the first electronic processor 205 may be configured to determine that the pixels representing the hotspot 510, 565 in the thermal image 500, 550 have a higher temperature than the other pixels representing other portions of the face 505, 555 of the person in the thermal image 500, 550 [0052]) and a pixel indicating a next largest temperature value after the maximum value in the thermal image is greater than or equal to a predetermined distance (The method may further include determining, with the electronic processor, a distance between the first location of the first hotspot and the second location of the second hotspot. The method may further include determining, with the electronic processor, whether the distance between the first location and the second location is within a predetermined range of distances [0018]; At block 425, the first electronic processor 205 determines a distance 525, 580 between the first location of the first hotspot 510, 565 and the second location of the second hotspot 520, 575 within the thermal image 500, 550. At block 430, the first electronic processor 205 determines whether the distance 525, 580 between the first location of the first hotspot 510, 565 and the second location of the second hotspot 520, 575 within the thermal image 500, 550 is within a predetermined range of distances [0058]);
wherein when it is determined that (i) the maximum value and the next largest temperature value after the maximum value exceed a first temperature value ( the output is a pass/fail indication based on a temperature threshold previously programmed into the first memory 210 of the temperature sensing device 105. For example, the output may indicate that all temperatures under 37.0 degrees Celsius (100.4 degrees Fahrenheit) or the like are passing temperatures while all temperatures at or above this value are failing temperatures [0065]) and (ii) the distance is greater than or equal to the predetermined distance, the calculating comprises calculating the body surface temperature of the person based on a remaining temperature value group obtained by excluding, from the temperature value group corresponding to the human region (The first electronic processor 205 may determine that areas of the thermal image that include pixels outside of the predetermined range of facial temperatures do not include human faces [0038]), a first temperature value group of temperature values greater than or equal to a difference between the next largest temperature value after the maximum value and a first threshold (In response to determining that the distance is within the predetermined range of distances, the electronic processor may be further configured to generate an estimated temperature of the person based on at least one of the first temperature and the second temperature [0017]; the output is a pass/fail indication based on a temperature threshold previously programmed into the first memory 210 of the temperature sensing device 105. For example, the output may indicate that all temperatures under 37.0 degrees Celsius (100.4 degrees Fahrenheit) or the like are passing temperatures while all temperatures at or above this value are failing temperatures [0065]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the combined invention of Chiu to include determining whether a distance between a pixel indicating a maximum value in the thermal image and a pixel indicating a next largest temperature value after the maximum value in the thermal image is greater than or equal to a predetermined distance; wherein when it is determined that (i) the maximum value and the next largest temperature value after the maximum value exceed a first temperature value and (ii) the distance is greater than or equal to the predetermined distance, the calculating comprises calculating the body surface temperature of the person based on a remaining temperature value group obtained by excluding, from the temperature value group corresponding to the human region, a first temperature value group of temperature values greater than or equal to a difference between the next largest temperature value after the maximum value and a first threshold, as taught by Saptharishi. Doing so would ensure an accurate body temperature measurement, as suggested by Saptharishi ([0016]).
Regarding claim 6, Chiu teaches human body surface temperature calculation (the processor 130 may determine whether the to-be-detected object (assumed to be a biological body, such as a human body) is present in each of the blocks according to a determination table. [0057]) method comprising:
obtaining temperature distribution data indicating a temperature distribution in a target space, the temperature distribution data being obtained by the infrared sensor (The thermal image or the data array thereof records a temperature distribution [0027]);
generating a thermal image of the target space based on the temperature distribution data (the temperature sensor 10 may generate a thermal image, and sensing values (e.g., temperatures or infrared rays) on several pixels in the thermal image may form a data array (e.g., each element in the two-dimensional array corresponds to one pixel). The thermal image or the data array thereof records a temperature distribution [0027]);
extracting … a human region indicating a person captured in the thermal image (the processor 130 may determine whether the to-be-detected object (assumed to be a biological body, such as a human body) is present in each of the blocks according to a determination table. [0057]); and
extracting a temperature value group corresponding to the human region from the temperature distribution data (the processor 130 may determine whether the to-be-detected object (assumed to be a biological body, such as a human body) is present in each of the blocks according to a determination table. [0057]);
calculating a body surface temperature of the person based on the temperature value group extracted (In an embodiment, the processor 130 may determine a representative temperature of one or multiple sub-blocks in each of the blocks and determine whether one or more to-be-detected objects are present in the corresponding block [0044]);
Chiu, however, does not teach:
extracting, using a machine learning model, a human region indicating a person captured in the thermal image
determining whether a distance between a pixel indicating a maximum value in the thermal image and a pixel indicating a next largest temperature value after the maximum value in the thermal image is greater than or equal to a predetermined distance; wherein when it is determined that (i) the maximum value and the next largest temperature value after the maximum value exceed a first temperature value and (ii) the distance is greater than or equal to the predetermined distance, the calculating comprises calculating the body surface temperature of the person based on a remaining temperature value group obtained by excluding, from the temperature value group corresponding to the human region, a first temperature value group of temperature values greater than or equal to a difference between the next largest temperature value after the maximum value and a first threshold.
The limitation “determining whether a distance between a pixel indicating a maximum value in the thermal image and a pixel indicating a next largest temperature value after the maximum value in the thermal image is not greater than or equal to a predetermined distance; wherein when it is determined that (i) the maximum value and the next largest temperature value after the maximum value does not exceed a first temperature value and (ii) the distance is not greater than or equal to the predetermined distance, the calculating comprises calculating the body surface temperature of the person based on a remaining temperature value group obtained by excluding, from the temperature value group corresponding to the human region, a first temperature value group of temperature values greater than or equal to a difference between the next largest temperature value after the maximum value and a first threshold” which in an interpretation it may be construed as a conditional limitation where the conditional limitations may not be given a full weight as for considering the other case “determining whether a distance between a pixel indicating a maximum value in the thermal image and a pixel indicating a next largest temperature value after the maximum value in the thermal image is not greater than or equal to a predetermined distance; wherein when it is determined that (i) the maximum value and the next largest temperature value after the maximum value does not exceed a first temperature value an …”. Even if arguendo the full patentable weight is put on this limitation, Saptharishi teaches the limitation as noted below.
Tremblay is analogous to the instant application as “Non-contact temperature measurement in thermal imaging systems and methods” is disclosed (title).
Trembley teaches:
extracting (executed by a computer (e.g., logic or processor-based system) [0046]), using a machine learning model, a human region indicating a person captured in the thermal image (an image processing algorithm to separate the background from the people. This may be performed through various techniques, including image analysis or spatial analysis to identify objects in three-dimensional space, by identifying and removing a learned background, etc. [0106]; Thermal images and/or other data are analyzed using machine learning to detect, tag and track people in the crowd [0036]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the invention of Chiu to include extracting, using a machine learning model, a human region indicating a person captured in the thermal image, as taught by Trembley. Doing so would allow to rapidly identify an individual that may have an elevated temperature, as suggested by Trembley ([0037]).
The combined invention still does not teach determining whether a distance between a pixel indicating a maximum value in the thermal image and a pixel indicating a next largest temperature value after the maximum value in the thermal image is greater than or equal to a predetermined distance; wherein when it is determined that (i) the maximum value and the next largest temperature value after the maximum value exceed a first temperature value and (ii) the distance is greater than or equal to the predetermined distance, the calculating comprises calculating the body surface temperature of the person based on a remaining temperature value group obtained by excluding, from the temperature value group corresponding to the human region, a first temperature value group of temperature values greater than or equal to a difference between the next largest temperature value after the maximum value and a first threshold.
Saptharishi is considered analogous to the instant application as “Face and inner canthi detection for thermographic body temperature measurement” is disclosed (title). Saptharishi teaches:
determining whether a distance between a pixel indicating a maximum value in the thermal image (the first electronic processor 205 may be configured to determine that the pixels representing the hotspot 510, 565 in the thermal image 500, 550 have a higher temperature than the other pixels representing other portions of the face 505, 555 of the person in the thermal image 500, 550 [0052]) and a pixel indicating a next largest temperature value after the maximum value in the thermal image is greater than or equal to a predetermined distance (The method may further include determining, with the electronic processor, a distance between the first location of the first hotspot and the second location of the second hotspot. The method may further include determining, with the electronic processor, whether the distance between the first location and the second location is within a predetermined range of distances [0018]; At block 425, the first electronic processor 205 determines a distance 525, 580 between the first location of the first hotspot 510, 565 and the second location of the second hotspot 520, 575 within the thermal image 500, 550. At block 430, the first electronic processor 205 determines whether the distance 525, 580 between the first location of the first hotspot 510, 565 and the second location of the second hotspot 520, 575 within the thermal image 500, 550 is within a predetermined range of distances [0058]);
wherein when it is determined that (i) the maximum value and the next largest temperature value after the maximum value exceed a first temperature value ( the output is a pass/fail indication based on a temperature threshold previously programmed into the first memory 210 of the temperature sensing device 105. For example, the output may indicate that all temperatures under 37.0 degrees Celsius (100.4 degrees Fahrenheit) or the like are passing temperatures while all temperatures at or above this value are failing temperatures [0065]) and (ii) the distance is greater than or equal to the predetermined distance, the calculating comprises calculating the body surface temperature of the person based on a remaining temperature value group obtained by excluding, from the temperature value group corresponding to the human region (The first electronic processor 205 may determine that areas of the thermal image that include pixels outside of the predetermined range of facial temperatures do not include human faces [0038]), a first temperature value group of temperature values greater than or equal to a difference between the next largest temperature value after the maximum value and a first threshold (In response to determining that the distance is within the predetermined range of distances, the electronic processor may be further configured to generate an estimated temperature of the person based on at least one of the first temperature and the second temperature [0017]; the output is a pass/fail indication based on a temperature threshold previously programmed into the first memory 210 of the temperature sensing device 105. For example, the output may indicate that all temperatures under 37.0 degrees Celsius (100.4 degrees Fahrenheit) or the like are passing temperatures while all temperatures at or above this value are failing temperatures [0065]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the combined invention of Chiu to include determining whether a distance between a pixel indicating a maximum value in the thermal image and a pixel indicating a next largest temperature value after the maximum value in the thermal image is greater than or equal to a predetermined distance; wherein when it is determined that (i) the maximum value and the next largest temperature value after the maximum value exceed a first temperature value and (ii) the distance is greater than or equal to the predetermined distance, the calculating comprises calculating the body surface temperature of the person based on a remaining temperature value group obtained by excluding, from the temperature value group corresponding to the human region, a first temperature value group of temperature values greater than or equal to a difference between the next largest temperature value after the maximum value and a first threshold, as taught by Saptharishi. Doing so would ensure an accurate body temperature measurement, as suggested by Saptharishi ([0016]).
Regarding claim 7, modified Chiu teaches a non-transitory computer-readable recording medium for use in a computer (The computing apparatus 100 includes (but not limited to) a storage device 110 [0030]), the recording medium having recorded thereon a computer program (processor 130 is configured to execute all or part of the operations of the computing apparatus and may load and execute the program codes, software modules, files, and data recorded by the storage device 110 [0032]) for causing the computer to execute the human body surface temperature calculation method according to claim 6 (claim 6 discussed above).
Regarding claim 8, modified Chiu teaches human body surface temperature calculation system according to claim 1, as discussed above. Chiu, however, does not teach: wherein when it is determined that (i) the maximum value and the next largest temperature value after the maximum value exceed the first temperature value and (ii) the distance is less than the predetermined distance, the calculating comprises calculating the body surface temperature of the person based on a remaining temperature value group obtained by excluding, from the temperature value group corresponding to the human region, a second temperature value group of temperature values greater than or equal to a difference between the maximum value and the first threshold.
Saptharishi, however, teaches wherein when it is determined that (i) the maximum value and the next largest temperature value after the maximum value exceed the first temperature value distance (The method may further include determining, with the electronic processor, a distance between the first location of the first hotspot and the second location of the second hotspot. The method may further include determining, with the electronic processor, whether the distance between the first location and the second location is within a predetermined range of distances [0018]; the output is a pass/fail indication based on a temperature threshold previously programmed into the first memory 210 of the temperature sensing device 105. For example, the output may indicate that all temperatures under 37.0 degrees Celsius (100.4 degrees Fahrenheit) or the like are passing temperatures while all temperatures at or above this value are failing temperatures [0065]) and (ii) the distance is less than the predetermined distance, the calculating comprises calculating the body surface temperature of the person based on a remaining temperature value group obtained by excluding, from the temperature value group corresponding to the human region, a second temperature value group of temperature values greater than or equal to a difference between the maximum value and the first threshold (For example, the first electronic processor 205 may be configured to merely not generate a body temperature measurement/estimate for the person in response to determining that the distance 525, 580 between the first location and the second location within the thermal image 500, 550 is not within the predetermined range of distance [0063]; the temperature is only taken when the distances are within the predetermined range as disclosed in [0064]), i.e. the if the distances is less than the predetermined distance, the temperature is not used).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the combined invention of Chiu to include wherein when it is determined that (i) the maximum value and the next largest temperature value after the maximum value exceed the first temperature value and (ii) the distance is less than the predetermined distance, the calculating comprises calculating the body surface temperature of the person based on a remaining temperature value group obtained by excluding, from the temperature value group corresponding to the human region, a second temperature value group of temperature values greater than or equal to a difference between the maximum value and the first threshold, as taught by Saptharishi. Doing so would ensure an accurate body temperature measurement, as suggested by Saptharishi ([0016]).
Regarding claim 9, modified Chiu teaches human body surface temperature calculation system according to claim 1, as discussed above. Chiu, however, does not teach wherein when it is determined that the maximum value is less than or equal to the first temperature value, the calculating comprises calculating the body surface temperature of the person based on an entirety of the temperature value group; and when it is determined that (i) the next largest temperature value after the maximum value exceeds the first temperature value and (ii) the next largest temperature value after the maximum value is less than or equal to the first temperature value, the calculating comprises calculating the body surface temperature of the person based on a remaining temperature group excluding, from the temperature value group corresponding to the human region, a second temperature value group of temperature values greater than or equal to a difference between the maximum value and the first threshold.
Saptharishi, however, teaches wherein when it is determined that the maximum value is less than or equal to the first temperature value, the calculating comprises calculating the body surface temperature of the person based on an entirety of the temperature value group (the output is a pass/fail indication based on a temperature threshold previously programmed into the first memory 210 of the temperature sensing device 105. For example, the output may indicate that all temperatures under 37.0 degrees Celsius (100.4 degrees Fahrenheit) or the like are passing temperatures while all temperatures at or above this value are failing temperatures [0065]; all temperature values are used if it is within the range of acceptable values);
and when it is determined that (i) the next largest temperature value after the maximum value exceeds the first temperature value (the output is a pass/fail indication based on a temperature threshold previously programmed into the first memory 210 of the temperature sensing device 105. For example, the output may indicate that all temperatures under 37.0 degrees Celsius (100.4 degrees Fahrenheit) or the like are passing temperatures while all temperatures at or above this value are failing temperatures [0065]; all temperature values are used if it is within the range of acceptable values) and (ii) the next largest temperature value after the maximum value is less than or equal to the first temperature value, the calculating comprises calculating the body surface temperature of the person based on a remaining temperature group excluding, from the temperature value group corresponding to the human region, a second temperature value group of temperature values greater than or equal to a difference between the maximum value and the first threshold (For example, the first electronic processor 205 may be configured to merely not generate a body temperature measurement/estimate for the person in response to determining that the distance 525, 580 between the first location and the second location within the thermal image 500, 550 is not within the predetermined range of distance [0063]; the temperature is only taken when the distances are within the predetermined range as disclosed in [0064]), i.e. the if the distances is less than the predetermined distance and not within the range, the temperature is not used).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the combined invention of Chiu to include wherein when it is determined that the maximum value is less than or equal to the first temperature value, the calculating comprises calculating the body surface temperature of the person based on an entirety of the temperature value group; and when it is determined that (i) the next largest temperature value after the maximum value exceeds the first temperature value and (ii) the next largest temperature value after the maximum value is less than or equal to the first temperature value, the calculating comprises calculating the body surface temperature of the person based on a remaining temperature group excluding, from the temperature value group corresponding to the human region, a second temperature value group of temperature values greater than or equal to a difference between the maximum value and the first threshold, as taught by Saptharishi. Doing so would ensure an accurate body temperature measurement, as suggested by Saptharishi ([0016]).
Regarding claim 10, modified Chiu teaches human body surface temperature calculation system according to claim 1, as discussed above. Chiu, however, does not teach wherein the operations further comprise: determining the following (i), (ii), and (iii) in a stated order:(i) whether the maximum value exceeds the first temperature value;(ii) whether the next largest temperature value after the maximum value exceeds the first temperature value; and(iii) whether the distance is greater than or equal to the predetermined distance.
Saptharishi, however, teaches:
wherein the operations further comprise: determining the following (i), (ii), and (iii) in a stated order ([0035] timing and ordering of such steps, receptions, and transmissions may vary where appropriate without negating the purpose and advantages of the examples set forth in detail throughout the remainder of this disclosure)
(i) whether the maximum value exceeds the first temperature value (the output is a pass/fail indication based on a temperature threshold previously programmed into the first memory 210 of the temperature sensing device 105. For example, the output may indicate that all temperatures under 37.0 degrees Celsius (100.4 degrees Fahrenheit) or the like are passing temperatures while all temperatures at or above this value are failing temperatures [0065]);
(ii) whether the next largest temperature value after the maximum value exceeds the first temperature value (the first electronic processor 205 may be configured to determine that the pixels representing the hotspot 510, 565 in the thermal image 500, 550 have a higher temperature than the other pixels representing other portions of the face 505, 555 of the person in the thermal image 500, 550 [0052]; multiple temperatures are compared); and
(iii) whether the distance is greater than or equal to the predetermined distance (At block 425, the first electronic processor 205 determines a distance 525, 580 between the first location of the first hotspot 510, 565 and the second location of the second hotspot 520, 575 within the thermal image 500, 550. At block 430, the first electronic processor 205 determines whether the distance 525, 580 between the first location of the first hotspot 510, 565 and the second location of the second hotspot 520, 575 within the thermal image 500, 550 is within a predetermined range of distances [0058]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the combined invention of Chiu to include wherein the operations further comprise: determining the following (i), (ii), and (iii) in a stated order:(i) whether the maximum value exceeds the first temperature value;(ii) whether the next largest temperature value after the maximum value exceeds the first temperature value; and(iii) whether the distance is greater than or equal to the predetermined distance, as taught by Saptharishi. Doing so would ensure an accurate body temperature measurement, as suggested by Saptharishi ([0016]).
Claim 11 are rejected under 35 U.S.C. 103 as being unpatentable over Chiu et al (US 20220330835 A1, of record, hereinafter "Chiu") in view of Tremblay et al (US 20230043342 A1, of record, hereinafter "Trembley") and Saptharishi et al. (US 20220042851 A1, hereinafter “Saptharishi”) and Mian (US 20220020149 A1).
Regarding claim 11, modified Chiu teaches the human body surface temperature calculation system according to claim 1, Chiu, however, does not teach wherein the machine learning model comprises: a first machine learning model that uses the thermal image as an input to output a super- resolution image; and a second machine learning model that uses the super-resolution image output from the first machine learning model to output the human region.
Main is considered analogous to the instant application as “Automated sensing system for health detection”.
Mian teaches:
wherein the machine learning model comprises: a first machine learning model that uses the thermal image as an input to output a super- resolution image ( The thermal camera acquires images 92 of these human subjects [0030]; This may include deblurring algorithms, or if multiple frames of video are available super-resolution algorithms may be used, or any other image enhancement processes known to those skilled in the art [0027]) and a second machine learning model that uses the super-resolution image output from the first machine learning model to output the human region (The image segmentation system 58 locates and extracts the key features in either or both image sets, which includes detecting and defining individual human subjects and, later, individual features of each subject, while the image enhancement system 60 performs various operations that may improve the quality and usability of captured images. This may include deblurring algorithms, or if multiple frames of video are available super-resolution algorithms may be used, or any other image enhancement processes known to those skilled in the art [0027])
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the combined invention of Chiu to include wherein the machine learning model comprises: a first machine learning model that uses the thermal image as an input to output a super- resolution image; and a second machine learning model that uses the super-resolution image output from the first machine learning model to output the human region, as suggested by Mian. Doing so may improve the quality and usability of captured images, as suggested by Mian ([0027]).
Response to Arguments
Applicant's arguments filed 10/15/2025 have been fully considered but they are not persuasive.
Regarding the 35 USC § 101 rejections of claims 1 and 6, on remarks pages 9-11, applicant argues that the amended features of claims 1 and 6 overcome the rejection and cannot be performed mentally/is not an abstract idea as recited, and points to several paragraphs in the instant specification as well as citing a court case. In response, the examiner asserts that the newly added limitations to claims 1 and 6 recite an abstract idea, as recited in the 35 USC § 101 section above, and that excluding low-temperature/high-temperature values and use of distance thresholds recite an abstract idea/mental process. The applicant appears to note a court case; however, the court cases follow a specific fact pattern that is different from the instant application, and does not apply to the instant application.
Regarding the 35 USC § 103 rejections of claims 1 and 6, see remarks pages 11-12, applicant argues that the prior art does not teach the newly added limitation regarding “determining whether a distance between a pixel indicating a maximum value in the thermal image and a pixel indicating a next largest temperature value after the maximum value in the thermal image is greater than or equal to a predetermined distance; wherein when it is determined that (i) the maximum value and the next largest temperature value after the maximum value exceed a first temperature value and (ii) the distance is greater than or equal to the predetermined distance, the calculating comprises calculating the body surface temperature of the person based on a remaining temperature value group obtained by excluding, from the temperature value group corresponding to the human region, a first temperature value group of temperature values greater than or equal to a difference between the next largest temperature value after the maximum value and a first threshold”. The examiner first notes that this recites a conditional limitation, as noted above. Further, this argument is moot in view of new grounds of rejection which relies upon Saptharishi et al. (US 20220042851 A1) to teach this limitation. Accordingly, this argument is moot.
Applicant’s arguments on page 12 regarding the 35 USC § 103 rejections of the remaining dependent claims are premised upon the assertion that the claims are allowable due to dependency on an allowable claim. The examiner respectfully disagrees for the reasons discussed above. Accordingly, this argument is moot.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/N.B./ Examiner, Art Unit 3798
/PASCAL M BUI PHO/ Supervisory Patent Examiner, Art Unit 3798