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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-2, 9, 14, and 20, are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 9, 16, and 20, of US Patent 12,136,187 B2 in view of Usman (US PGPUB 2016/0335750 A1), as being described below.
Instant Application 18/903,172.
US Patent 12,136,187, B2
Claim 1. A method for enhancing video images, the method comprising:
receiving a current image frame from an image sensor;
dividing the current image frame into a plurality of current image sub-blocks; generating histogram data associated with the plurality of current image sub-blocks; determining one or more curves, from a plurality of curves, based on the histogram data; generating a histogram enhanced image frame for the current image frame by applying the one or more curves to the histogram data; and generating a video image stream based on the histogram enhanced image frame.
2. The method of claim 1, further comprising: identifying a target in at least one of the plurality of current image sub-blocks.
9. The method of claim 1, wherein the plurality of curves comprise one or more of a logarithmic curve, a power curve, an S-curve, a J-curve, or a piece-wise linear curve.
14. A method for enhancing video images, the method comprising: receiving an image frame from an image sensor; dividing the image frame into a plurality of image sub-blocks; generating a plurality of histograms for the plurality of image sub-blocks; associating each of the plurality of histograms with a curve, from a plurality of curves, based on a characteristic of each of the plurality of histograms; generating a histogram enhanced image frame for the image frame based on the plurality of histograms and the curve associated with each of the plurality of histograms; and generating a video image stream based on the histogram enhanced image frame.
20. A method for enhancing video images, the method comprising: receiving an image frame from an image sensor; dividing the image frame into a plurality of image sub-blocks; generating a plurality of histograms for the plurality of image sub-blocks; matching the plurality of histograms with a plurality of curves; identifying a target in at least one of the plurality of image sub-blocks based, at least in part, on the plurality of curves; generating a histogram enhanced image frame of the target for the image frame based on the plurality of histograms and the plurality of curves; and generating a video image stream based on the histogram enhanced image frame of the target.
Claim 1. A method of enhancing video images in a medical device, the method comprising:
receiving a first image frame and a second image frame from one or more image sensors;
generating first image sub-blocks by dividing the first image frame; associating at least one curve to the first image sub-blocks based on one or more look-up tables; identifying a target in at least one of the first image sub-blocks; generating second image sub-blocks by dividing the second image frame based on the first image sub-blocks; associating at least one curve to the second image sub-blocks based on the one or more look-up tables; identifying the target in at least one of the second image sub-blocks; generating histogram enhanced images of the target in the first image sub-blocks and the second image sub-blocks; and generating a video image stream based on the histogram enhanced images of the target.
2. The method of claim 1, further comprising: identifying the target in the at least one of the second image sub-blocks based on the at least one curve of the first image sub-blocks and the at least one curve of the second image sub-blocks.
9. The method of claim 1, wherein the at least one curve comprises a logarithmic curve, a power curve, an S-curve, a J-curve, or a piece-wise linear curve.
16. A medical device, comprising: a shaft; one or more image sensors coupled to a distal end of the shaft; at least one illumination device coupled to the distal end of the shaft; one or more computer readable media storing instructions performing image processing to enhance video images; and one or more processors configured to execute the instructions to perform the image processing, the instructions comprising: receiving a first image frame and a second image frame from the one or more image sensors; generating first image sub-blocks by dividing the first image frame; associating at least one curve to the first image sub-blocks; identifying a target in at least one of the first image sub-blocks; generating second image sub-blocks by dividing the second image frame based on the first image sub-blocks; associating at least one curve to the second image sub-blocks based on one or more look-up tables; identifying the target in at least one of the second image sub-blocks; generating histogram enhanced images of the target in the first image sub-blocks and the second image sub-blocks; and generating a video image stream based on the histogram enhanced images of the target.
20. A non-transitory computer-readable medium storing instructions for enhancing video images, the instructions, when executed by one or more processors, causing the one or more processors to perform operations comprising: receiving a first image frame and a second image frame from one or more image sensors; generating first image sub-blocks by dividing the first image frame; associating at least one curve to the first image sub-blocks based on one or more look-up tables; identifying a target in at least one of the first image sub-blocks; generating second image sub-blocks by dividing the second image frame based on the first image sub-blocks; associating at least one curve to the second image sub-blocks based on the one or more look-up tables; identifying the target in at least one of the second image sub-blocks; generating histogram enhanced images of the target in the first image sub-blocks and the second image sub-blocks; and generating a video image stream based on the histogram enhanced images of the target.
As can be seen from the above comparison, claims 1, 16 and 20, of patent 187, discloses all the claim limitations of instant application claims 1, 14, and 20, except generating histogram data associated with the plurality of current image sub-blocks; determining one or more curves, from a plurality of curves, based on the histogram data;,
Usman discloses generating histogram data associated with the plurality of current image sub-blocks (Usman, Fig. 2:140, and Fig. 13:240, and paragraph 72); determining one or more curves, from a plurality of curves, based on the histogram data (Usman, Fig. 2:170, and Fig. 13:270, and paragraphs 32, and 75-78);
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify patent 310, teachings by generating histogram to arrive at the claimed invention, as taught by Usman.
The motivation would be to provide a method for improving image contrast, and thus overall perceived image quality (paragraph 27), as taught by Usman.
Claims 1, 14, and 20, are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 16, and 20, of US Patent 11,727,550 B2 in view of Usman (US PGPUB 2016/0335750 A1), as being described below.
Instant Application 18/903,172.
US Patent 11,727,550, B2
Claim 1. A method for enhancing video images, the method comprising:
receiving a current image frame from an image sensor;
dividing the current image frame into a plurality of current image sub-blocks; generating histogram data associated with the plurality of current image sub-blocks; determining one or more curves, from a plurality of curves, based on the histogram data; generating a histogram enhanced image frame for the current image frame by applying the one or more curves to the histogram data; and generating a video image stream based on the histogram enhanced image frame.
14. A method for enhancing video images, the method comprising: receiving an image frame from an image sensor; dividing the image frame into a plurality of image sub-blocks; generating a plurality of histograms for the plurality of image sub-blocks; associating each of the plurality of histograms with a curve, from a plurality of curves, based on a characteristic of each of the plurality of histograms; generating a histogram enhanced image frame for the image frame based on the plurality of histograms and the curve associated with each of the plurality of histograms; and generating a video image stream based on the histogram enhanced image frame.
20. A method for enhancing video images, the method comprising: receiving an image frame from an image sensor; dividing the image frame into a plurality of image sub-blocks; generating a plurality of histograms for the plurality of image sub-blocks; matching the plurality of histograms with a plurality of curves; identifying a target in at least one of the plurality of image sub-blocks based, at least in part, on the plurality of curves; generating a histogram enhanced image frame of the target for the image frame based on the plurality of histograms and the plurality of curves; and generating a video image stream based on the histogram enhanced image frame of the target.
Claim 1. A method of enhancing video images in a medical device, the method comprising: receiving a first image frame and a second image frame from an image sensor; generating first image sub-blocks by dividing the first image frame; generating second image sub-blocks by dividing the second image frame based on the first image sub-blocks; generating histogram data of the first image sub-blocks; generating histogram data of the second image sub-blocks based on the histogram data of the first image sub-blocks; generating a histogram enhanced image frame based on the histogram data of the second image sub-blocks; and generating a video image stream based on the histogram enhanced image frame.
16. A medical device, comprising: a shaft; an image sensor coupled to a distal end of the shaft; at least one illumination device coupled to the distal end of the shaft; one or more computer readable media storing instructions performing image processing to enhance video images; and one or more processors configured to execute the instructions to perform the image processing comprising: receiving a first image frame and a second image frame from the image sensor; generating first image sub-blocks by dividing the first image frame; generating second image sub-blocks of the second image frame based on the first image sub-blocks; generating histogram data of the first image sub-blocks; generating histogram data of the second image sub-blocks based on the histogram data of the first image sub-blocks; generating a histogram enhanced image frame based on the histogram data of the second image sub-blocks; and generating a video image stream based on the histogram enhanced image frame.
20. A non-transitory computer-readable medium storing instructions for enhancing video images, the instructions, when executed by one or more processors, causing the one or more processors to perform operations comprising: receiving a first image frame and a second image frame from an image sensor; generating first image sub-blocks by dividing the first image frame; generating second image sub-blocks of the second image frame based on the first image sub-blocks; generating histogram data of the first image sub-blocks; generating histogram data of the second image sub-blocks based on the histogram data of the first image sub-blocks; generating a histogram enhanced image frame based on the histogram data of the second image sub-blocks; and generating a video image stream based on the histogram enhanced image frame.
As can be seen from above comparison, claims 1, 16 and 20, of patent 550, discloses all the claim limitations of instant application claims 1, 14, and 20, except generating histogram data associated with the plurality of current image sub-blocks; determining one or more curves, from a plurality of curves, based on the histogram data;,
Usman discloses generating histogram data associated with the plurality of current image sub-blocks (Usman, Fig. 2:140, and Fig. 13:240, and paragraph 72); determining one or more curves, from a plurality of curves, based on the histogram data (Usman, Fig. 2:170, and Fig. 13:270, and paragraphs 32, and 75-78);
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify patent 310, teachings by generating histogram to arrive at the claimed invention, as taught by Usman.
The motivation would be to provide a method for improving image contrast, and thus overall perceived image quality (paragraph 27), as taught by Usman.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 6-11, and 13-19, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Usman (US PGPUB 2016/0335750 A1).
As per claim 1, Usman discloses a method for enhancing video images (Usman, Fig. 2:100 and Fig. 13:200), the method comprising:
receiving a current image frame from an image sensor (Usman, Fig. 2:110, Fig. 13:210, and paragraphs 70 and 169);
dividing the current image frame into a plurality of current image sub-blocks (Usman, Fig. 2:130 and Fig. 13:230);
generating histogram data associated with the plurality of current image sub-blocks (Usman, Fig. 2:140, and Fig. 13:240, and paragraph 72);
determining one or more curves, from a plurality of curves, based on the histogram data (Usman, Fig. 2:170, and Fig. 13:270, and paragraphs 32, and 75-78);
generating a histogram enhanced image frame for the current image frame by applying the one or more curves to the histogram data (Usman, Fig. 2:190 and Fig. 13:290); and
generating a video image stream based on the histogram enhanced image frame (Usman, paragraphs 79, and 147, discloses display image).
As per claim 2, Usman further discloses the method of claim 1, further comprising: identifying a target in at least one of the plurality of current image sub-blocks (Usman, paragraph 93, discloses block of interest).
As per claim 3, Usman further discloses the method of claim 2, wherein identifying the target comprises: comparing the one or more curves to one or more prior curves determined in association with generated histogram data of a prior image frame received from the image sensor (Usman, paragraphs 37 and 93-94); and
identifying the target based on the comparing (Usman, paragraphs 37 and 94).
As per claim 6, Usman further discloses the method of claim 2, wherein generating the histogram enhanced image frame comprises: deriving a cumulative distribution function of a portion of the histogram data corresponding to the at least one of the plurality of current image sub-blocks (Usman, paragraphs 32, 75 and 117); and
generating the histogram enhanced image frame further based on the cumulative distribution function (Usman, paragraphs 32, 79 and 147).
As per claim 7, Usman further discloses the method of claim 1, wherein determining the one or more curves based on the histogram data comprises determining the one or more curves based on a distribution characteristic of the histogram data (Usman, paragraphs 117 and 126).
As per claim 8, Usman further discloses the method of claim 7, wherein the histogram data includes a plurality of histogram data portions corresponding to the plurality of current image sub-blocks (Usman, paragraph 36), and wherein determining the one or more curves based on the distribution characteristic of the histogram data comprises:
determining a curve for each of the plurality of histogram data portions based on a distribution of intensity values in the plurality of histogram data portions (Usman, paragraphs 117 and 126).
As per claim 9, Usman further discloses the method of claim 1, wherein the plurality of curves comprise one or more of a logarithmic curve, a power curve, an S-curve, a J-curve, or a piece-wise linear curve (Usman, paragraph 32, discloses IO-curve i.e., claimed piece-wise linear curve).
As per claim 10, Usman further discloses the method of claim 1, wherein the dividing of the current image frame into the plurality of current image sub-blocks is based on a dividing of a prior image frame into a plurality of prior image sub-blocks (Usman, paragraph 147).
As per claim 11, Usman further discloses the method of claim 1, wherein generating the histogram data of the plurality of current image sub-blocks comprises:
generating a plurality of histograms for the plurality of current image sub-blocks (Usman, paragraphs 74 and 84-85).
As per claim 13, Usman further discloses the method of claim 1, further comprising: generating an interpolation applied enhanced image frame by applying one or more interpolation functions to the histogram enhanced image frame (Usman, paragraphs 85, 105 and 107), wherein the video image stream is generated further based on the interpolation applied enhanced image frame (Usman, paragraphs 79, and 147, discloses display image).
As per claim 14, Usman discloses a method for enhancing video images (Usman, Fig. 2:100 and Fig. 13:200), the method comprising:
receiving an image frame from an image sensor (Usman, Fig. 2:110, Fig. 13:210, and paragraphs 70 and 169);
dividing the image frame into a plurality of image sub-blocks (Usman, Fig. 2:130 and Fig. 13:230);
generating a plurality of histograms for the plurality of image sub-blocks (Usman, Fig. 2:140, and Fig. 13:240, and paragraphs 31-32, 72 and 75);
associating each of the plurality of histograms with a curve, from a plurality of curves, based on a characteristic of each of the plurality of histograms (Usman, paragraphs 75, and 83-85);
generating a histogram enhanced image frame for the image frame based on the plurality of histograms and the curve associated with each of the plurality of histograms (Usman, Fig. 2:190 and Fig. 13:290); and
generating a video image stream based on the histogram enhanced image frame (Usman, paragraphs 79, and 147, discloses display image).
As per claim 15, Usman further discloses the method of claim 14, wherein the characteristic of each of the plurality of histograms includes a distribution characteristic associated with a distribution of intensity values in the plurality of image sub-blocks (Usman, paragraphs 31, and 36).
As per claim 16, Usman further discloses the method of claim 14, wherein the plurality of curves comprise one or more of a logarithmic curve, a power curve, an S-curve, a J-curve, or a piece-wise linear curve (Usman, paragraph 32, discloses IO-curve i.e., claim piece-wise linear curve).
As per claim 17, Usman further discloses the method of claim 14, further comprising: identifying a target in at least one of the plurality of image sub-blocks based at least in part on the curve associated with each of the plurality of histograms (Usman, paragraph 93).
As per claim 18, Usman further discloses the method of claim 17, wherein the image frame is a current image frame received from the image sensor, and identifying the target comprises: comparing the curve associated with each of the plurality of histograms to a prior curve associated with each of a plurality of histograms generated for a plurality of prior image sub-blocks of a prior image frame received from the image sensor (Usman, paragraphs 37 and 93-94); and
identifying the target based on the comparing (Usman, paragraphs 37 and 94).
As per claim 19, Usman further discloses the method of claim 17, wherein generating the histogram enhanced image frame comprises: deriving a cumulative distribution function of a histogram, from the plurality of histograms, corresponding to the at least one of the plurality of image sub-blocks (Usman, paragraphs 32, 75 and 117); and generating the histogram enhanced image frame further based on the cumulative distribution function (Usman, paragraphs 32, 79 and 147).
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.
Claim(s) 20, is/are rejected under 35 U.S.C. 103 as being unpatentable over Usman (US PGPUB 2016/0335750 A1) and further in view of Zhao (US PGPUB 2012/0209287 A1).
As per claim 20, Usman discloses a method for enhancing video images (Usman, Fig. 2:100 and Fig. 13:200), the method comprising:
receiving an image frame from an image sensor (Usman, Fig. 2:110, Fig. 13:210, and paragraphs 70 and 169);
dividing the image frame into a plurality of image sub-blocks (Usman, Fig. 2:130 and Fig. 13:230);
generating a plurality of histograms for the plurality of image sub-blocks (Usman, Fig. 2:140, and Fig. 13:240, and paragraphs 31-32, 72 and 75);
(matching) the plurality of histograms with a plurality of curves (Usman, paragraphs 31-32, 37, 75, and 84);
identifying a target in at least one of the plurality of image sub-blocks based, at least in part, on the plurality of curves (Usman, paragraphs 77, 93, and 166, discloses block of interest i.e., target);
generating a histogram enhanced image frame of the target for the image frame based on the plurality of histograms and the plurality of curves (Usman, Fig. 2:190 and Fig. 13:290); and
generating a video image stream based on the histogram enhanced image frame of the target (Usman, paragraphs 79, and 147, discloses display image).
Usman does not explicitly disclose matching the plurality of histograms with a plurality of curves.
Zhao discloses matching the plurality of histograms with a plurality of curves (Zhao, paragraphs 17, 90, and 97).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Usman teachings by implementing histogram matching technique to the system, as taught by Zhao.
The motivation would be to provide a system with improved image contrast enhancement (paragraph 9), as taught by Zhao.
Allowable Subject Matter
Claims 4-5, and 12, are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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/SYED HAIDER/Primary Examiner, Art Unit 2633
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