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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/17/2026 has been entered.
Response to Amendment
This office action is in response to the remarks filed on 04/17/2026.
The amendment filed 04/17/2026 has been entered. Claims 1, 6, 7-17 remain pending in the application, claim 18 has been newly added, claims 2-5 have been previously canceled, and claims 12-17 have been previously withdrawn.
The 35 USC § 101 rejections of claim 7 for reciting software per se has been withdrawn in light of amendments.
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, 6-11, and 18 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 “an infrared sensor installed in a ceiling of a target space and configured to capture temperature distribution data representing a temperature distribution of the target space as viewed from above” and “providing the body surface temperature of the person to a control device that controls air conditioning equipment in the target space based on the body surface temperature”, “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”, and “a control device that controls air conditioning equipment”, 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, from an infrared sensor installed in a ceiling of a target space and configured to capture temperature distribution data representing a temperature distribution of the target space as viewed from above, temperature distribution data indicating a temperature distribution in the 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”, and “providing the body surface temperature of the person to a control device that controls air conditioning equipment in the target space based on the body surface temperature”.
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 and providing thermal data 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: Yes- A non-transitory computer-readable recording medium for use in a computer, 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 6.
Step 2A, Prong 2, Integrated into Practical Application: No- The claim does not recite additional elements, that integrates 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 7 is directed to non-eligible patent subject matter and is therefore rejected.
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.
Regarding claim 18,
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 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 18 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, 6-10, and 18 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"),Shikki et al. (WO 2015122201 A1, attached translation cited below) 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:
[an infrared sensor] installed in a ceiling of a target space and configured to capture temperature distribution data representing a temperature distribution of the target space as viewed from above;
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; and providing the body surface temperature of the person to a control device that controls air conditioning equipment in the target space based on the body surface temperature, 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:
an infrared sensor installed in a ceiling of a target space (The thermal camera platform may have a form factor that is similar to ceiling or wall mounted smoke detector or thermal security camera. Examples of thermal imaging camera form factors are illustrated in FIG. 2B, including a thermal security camera 220 which may be used to capture infrared images of a crowd for fever screening as illustrated in image 222 [0074]) and configured to capture temperature distribution data representing a temperature distribution of the target space as viewed from above (algorithms that identify and track a person in the scene. These form factors support large stand-off distances and real-time large area monitoring. When a person is identified by the thermal camera, a paired IR camera with zoom optics will focus on the target and take a series of temperature measurements that will be analyzed by an algorithm to determine the number of data points required over time and set a threshold for deviation that triggers an alarm [0075]; temperature distributions disclosed in [0125]).
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: providing the body surface temperature of the person to a control device that controls air conditioning equipment in the target space based on the body surface temperature, and 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.
Shiki is considered analogous to the instant application as “Air conditioner and thermal image sensor system” is disclosed (title).
Shikki teaches:
providing the body surface temperature of the person to a control device that controls air conditioning equipment in the target space based on the body surface temperature (An air conditioner according to one aspect of the present invention is an air conditioner that performs air conditioning control of a space, comprising: a thermal image acquiring unit that acquires a thermal image representing a temperature distribution of a space; (i) (Ii) a human body temperature which is a temperature of a person in space is determined based on the temperature distribution of a region corresponding to a person, (iii) A computing unit that estimates a thermal sensation of a person in the space based on a difference value between a human body temperature and an ambient temperature obtained from a temperature in a region other than a region corresponding to a person; And a control unit that controls at least one of the air volume, the wind temperature, and the wind direction of the air conditioner based on the thermal sensation of the person. The thermal image acquisition unit and the calculation unit may constitute a thermal image sensor system separate from the air conditioner [12])
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 providing the body surface temperature of the person to a control device that controls air conditioning equipment in the target space based on the body surface temperature, as taught by Shikki. Doing so would achieve an ambient temperature, as suggested by Shikki ([08]).
The combined invention still does not teach 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 greater than or equal to a predetermined distance; 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 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, from an infrared sensor … 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:
[[obtaining, from an infrared sensor]] installed in a ceiling of a target space and configured to capture temperature distribution data representing a temperature distribution of the target space as viewed from above
extracting, using a machine learning model, a human region indicating a person captured in the thermal image
providing the body surface temperature of the person to a control device that controls air conditioning equipment in the target space based on the body surface temperature, 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.
Shikii is considered analogous to the instant application as “Air conditioner and thermal image sensor system” is disclosed (title).
Shikki teaches:
providing the body surface temperature of the person to a control device that controls air conditioning equipment in the target space based on the body surface temperature (An air conditioner according to one aspect of the present invention is an air conditioner that performs air conditioning control of a space, comprising: a thermal image acquiring unit that acquires a thermal image representing a temperature distribution of a space; (i) (Ii) a human body temperature which is a temperature of a person in space is determined based on the temperature distribution of a region corresponding to a person, (iii) A computing unit that estimates a thermal sensation of a person in the space based on a difference value between a human body temperature and an ambient temperature obtained from a temperature in a region other than a region corresponding to a person; And a control unit that controls at least one of the air volume, the wind temperature, and the wind direction of the air conditioner based on the thermal sensation of the person. The thermal image acquisition unit and the calculation unit may constitute a thermal image sensor system separate from the air conditioner [12])
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 providing the body surface temperature of the person to a control device that controls air conditioning equipment in the target space based on the body surface temperature, as taught by Shikki. Doing so would achieve an ambient temperature, as suggested by Shikki ([08]).
The combined invention still does not teach 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 greater than or equal to a predetermined distance; 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 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.
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” 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 less 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, 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]).
Regarding claim 18, modified Chiu teaches human body surface temperature calculation method according to claim 6, 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).
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” 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 less 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.
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]).
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") , Shikki et al. (WO 2015122201 A1, attached translation cited), 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 claim 1 and 6-11, applicant’s arguments are premised upon the assertion that the claims do not recite an abstract idea as the limitations regarding “an infrared sensor installed in a ceiling of a target space and configured to capture temperature distribution data representing a temperature distribution of the target space as viewed from above” and “providing the body surface temperature of the person to a control device that controls air conditioning equipment in the target space based on the body surface temperature” recite a physical device as well as ties in a real-world application, as well as recites special technical features. In response, the examiner respectfully disagrees. The claims merely recite an infrared sensor, which is a well-known generic component that is used for capturing thermal images, which then sends thermal data to a control device that is a data gathering step as noted in the rejection above, and neither of the steps bring the judicial exception into a practical application. Accordingly, the argument is not persuasive and the rejection is maintained.
Regarding the 35 USC § 103 rejections of claims 1 and 6, see remarks pages 11-12, applicant argues that the prior, in particular, Saptharishi, does not teach 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 greater than or equal to a predetermined distance”. In response, the examiner asserts that this claim limitation is a part of a conditional limitation, as noted above, 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 …”. Further, the examiner asserts that in paragraph [0052] the thermal image captures the two hottest locations within the image, i.e. the maximum value and the second maximum value, and comparison of the “predetermined distances” are between the two hotspots/maximum temperature are disclosed in [0058]. The examiner further notes that “ranked value selection” is not recited in the claim. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., ranked value selection) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Accordingly, this argument is not persuasive.
Regarding the 35 USC § 103 rejections of claim 8, see remarks page 12, applicant argues that Saptharishi does not teach 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…”. In response, the examiner asserts that 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 does not exceed the first temperature value and (ii) the distance is not less than the predetermined distance…”. The examiner further asserts that only passing temperatures are used for estimating the temperature, as disclosed in [0018] of Saptharishi, as noted above. Accordingly, this argument is not persuasive and the rejection is maintained.
Regarding the 35 USC § 103 rejections of the remaining dependent claims, applicant arguments on page 13 are premised upon the assertion that the claims are allowable due to dependency on an allowable claim. The examiner respectfully disagrees for the reasons stated above.
Conclusion
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/N.B./ Examiner, Art Unit 3798
/PASCAL M BUI PHO/ Supervisory Patent Examiner, Art Unit 3798
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