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 .
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) 1-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Addison et al., US 2017/0238805.
Regarding claim 1, Addison discloses a measurement method of measuring biological information from a frame image group obtained by imaging over time of a subject (fig. 5E; para 0078 and 0101; a method for video-based monitoring of a patient's vital signs, according to an embodiment. The method includes receiving a video signal from a video camera at 511. The video signal includes a plurality of sequential image frames, each image frame having a field of view that includes exposed skin of a patient, such as the face or forehead), the measurement method comprising:
dividing a target region in each frame image included in the frame image group into a plurality of sub regions (fig. 5E, element 512; para 0083, 0090 and 0101; divides the forehead into distinct regions; segmenting a first image frame into a plurality of regions at 512);
extracting an amount of variation in each of the plurality of sub regions from the frame image group (fig. 5E, element 513; para 0093 and 0101; for each region, extracting from the video signal a time-varying color signal at 513. In an example, three time-varying color signals are extracted from each region, corresponding to red, green, and blue pixel values);
determining sub regions similar in amount of variation from among the plurality of sub regions (fig. 5E, elements 514-516; para 0092-0093 and 0101-0102; identifying a frequency content of each color signal at 514, and selecting regions that have a shared frequency content at 515. The shared frequency content is a modulation at a shared frequency. For example, two regions that both exhibit color signals that modulate at the patient's heart rate, such as a frequency of 60 beats per minute, are selected. Once the desired regions are selected, the method includes combining the color signals of the selected regions at 516); and
obtaining the biological information of the subject based on a summed value of the amount of variation in each of the similar sub regions (fig. 5E, elements 517-518; para 0086, 0090-0094, 0102, and 0105; measuring a vital sign from the combined color signal at 517, such as measuring heart rate from the identified frequency. The vital sign is output for further processing or display at 518. The calculated vital sign can be added to a long-term running average, or a weighted average, where the weight is based on quality metrics such as signal to noise ratio or vital sign variability).
Regarding claim 2, the measurement method according to claim 1, Addison discloses wherein the frame image includes the subject who is sleeping (figs 2A-2B).
Regarding claim 3, the measurement method according to claim 1, Addison discloses wherein the frame image includes the subject at rest (figs 2A-2B).
Regarding claim 4, the measurement method according to claim 1, Addison discloses wherein the biological information is respiratory information (para 0083-0087, 0092, 0105-0107, and 0110).
Regarding claim 5, the measurement method according to claim 4, Addison discloses wherein the respiratory information includes at least one of a rate of respiration, a respiration time period, an expiration time period, an inspiration time period, an amplitude, a time period from expiration to start of inspiration, and a tidal volume (para 0083-0087, 0092, 0105-0107, and 0110).
Regarding claim 6, the measurement method according to claim 1, Addison discloses wherein the sub region is composed of one pixel or a plurality of pixels (para 0085 and 0088).
Regarding claim 7, the measurement method according to claim 1, Addison discloses further comprising setting the target region in the frame image (para 0083-0110).
Regarding claim 8, the measurement method according to claim 7, Addison discloses further comprising: determining whether the target region includes at least a prescribed number of sub regions similar in amount of variation; and setting the target region in response to determination that the target region does not include at least the prescribed number of sub regions similar in amount of variation (para 0083-0110).
Regarding claim 9, the measurement method according to claim 7, Addison discloses further comprising estimating a position and a size of a chest portion or an abdominal portion of the subject based on a position and an orientation of a head of the subject, wherein the setting the target region includes setting as the target region, a region including the chest portion or the abdominal portion based on the position and the size of the chest portion or the abdominal portion (para 0083-0110).
Regarding claim 10, the measurement method according to claim 9, Addison discloses wherein the estimating a position and a size includes setting the position and the size of the chest portion or the abdominal portion of the subject based on a feature value of a face of the subject (para 0083-0110).
Regarding claim 11, this claim recites substantially the same limitations that are performed by claim 1 above, and it is rejected for the same reasons.
Regarding claim 12, this claim recites substantially the same limitations that are performed by claim 1 above, and it is rejected for the same reasons.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jacquel et al., US 2020/0046302 discloses non-contact detecting and monitoring of patient breathing.
Rocque et al., US 2014/0243649 discloses an apparatus and a method for determining vital sign information from a subject.
Kersten et al., US 2014/0334697 discloses s device for obtaining a vital sign of a subject despite motion of the subject, in particular for discriminating a vital sign such as a respiratory information signal from noise in a projection based vital signs registration.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VAN D HUYNH whose telephone number is (571)270-1937. The examiner can normally be reached 8AM-6PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephen R Koziol can be reached at (408) 918-7630. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VAN D HUYNH/Primary Examiner, Art Unit 2665
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