DETAILED ACTION
The present application is being examined under the pre-AIA first to invent provisions.
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 obviousness-type double patenting rejection is appropriate where the conflicting claims 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 conflicting 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. Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
2. Claims 1-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of Pat. No. 12125201.
Application:
1. A system for obtaining useful data for analysis of body morphometry comprising:
- a pattern-coded mesh fittable to a body surface;
- a set of coded targets arranged in the pattern-coded mesh or the skin;
- at least one image sensor configured to record the set of coded targets arranged in the pattern-coded mesh or the skin;
- a processing unit for processing the set of coded targets configured to generate a three-dimensional model of the body surface from the set of coded targets arranged in the pattern-coded mesh or the skin and configured to be recorded by the at least one image sensor; and
- a display unit for displaying the three-dimensional model of the body surface.
2. The system of claim 1, wherein the at least one image sensor configured to record the set of coded targets arranged in the pattern-coded mesh or the skin and the processing unit are integrated in a smartphone.
3. The system of claim 2, wherein the processing unit is integrated in an application of the smartphone.
4. The system of claim 1, wherein the set of coded targets arranged in the pattern-coded mesh or the skin configured to be detected by the at least one image sensor comprises a first coded target, a second coded target and a third coded target configured to be detachably arranged in the pattern-coded mesh or the skin.
5. The system of claim 4, wherein the first coded target, the second coded target, and the third coded target comprise a fastener for attaching the first coded target, the second coded target and the third coded target to the pattern-coded mesh or the skin.
6. The system of claim 1, wherein the pattern-coded mesh is a capeline configured to be fitted to a cranial surface.
7. A method for obtaining useful data for analysis of body morphometry carried out with a system for obtaining useful data for analysis of body morphometry comprising: - a pattern-coded mesh configured to be fitted to a body surface; - a set of coded targets arranged in the pattern-coded mesh or the skin; - at least one image sensor configured to record the set of coded targets arranged in the pattern-coded mesh or the skin; - a processing unit for processing the set of coded targets configured to generate a three-dimensional model of the body surface from the set of coded targets arranged in the pattern-coded mesh or the skin and configured to be recorded by the at least one image sensor; and - a display unit for displaying the three-dimensional model of the body surface, wherein the method comprises: - a fitting step for fitting the pattern-coded mesh to the body surface; - a placement step for placing a set of coded targets in the pattern-coded mesh or the skin; - a recording step for recording the set of coded targets arranged in the pattern-coded mesh or the skin; - a processing step for processing the set of coded targets in which a three-dimensional model of the body surface is generated from the set of coded targets recorded in the previous step; and - a displaying step for displaying the three-dimensional model of the body surface.
8. The method of claim 7, further comprising a placement step for detachably placing the first coded target, the second coded target and the third coded target on the pattern-coded mesh or the skinbetween the fitting step for fitting the pattern-coded mesh to the body surface and the recording step for recording the set of coded targets arranged in the pattern-coded mesh or the skin, in order to define a coordinate system.
9. The method of claim 7, further comprising a check step for checking the recording step for recording the set of coded targets arranged in the pattern-coded mesh or the skin wherein the number of coded targets arranged in the pattern-coded mesh or the skin that have been recorded from among the set of targets is checked, in order to determine if the number of coded targets recorded is sufficient for validating the recording step based on parameters such as the calibration and/or external orientation of the image sensor.
10. The method of claim 7, wherein the processing step for processing a set of coded targes in which a three-dimensional model of the body surface is generated from the set of coded targets recorded comprises a generating sub-step for generating a point cloud corresponding to the set of coded targets detected.
11. The method of claim 7, wherein the fitting step for fitting the pattern-coded mesh to the body surface requires the inclusion of additional coded targets to the pattern-coded mesh or the skin.
12. The method of claim 10, wherein the processing step for processing a set of coded targets comprises an assistance sub-step for providing assistance to the user while collecting data, prior to generating the three-dimensional model.
Pat. No. 12125201:
1. A system for obtaining useful data for analysis of body morphometry comprising:
a coded mesh fittable to a body surface;
a set of coded targets arranged in the coded mesh;
at least one image sensor configured to record the set of coded targets arranged in the coded mesh;
a processing unit for processing a set of images configured to generate a three-dimensional model of the body surface from the set of coded targets arranged in the coded mesh and configured to be recorded by the at least one image sensor; and
a display unit for displaying the three-dimensional model of the body surface.
2. The system of claim 1, wherein the at least one image sensor configured to record the set of coded targets arranged in the coded mesh and the processing unit are integrated in a smartphone.
3. The system of claim 2, wherein the processing unit is integrated in an application of the smartphone.
4. The system of claim 1, wherein the set of coded targets arranged in the coded mesh configured to be detected by the at least one image sensor comprises a first coded target, a second coded target and a third coded target configured to be detachably arranged in the coded mesh.
5. The system of claim 4, wherein the first coded target, the second coded target, and the third coded target comprise a fastener for attaching the first coded target, the second coded target and the third coded target to the coded mesh.
6. The system of claim 1, wherein the coded mesh is a capeline configured to be fitted to a cranial surface.
7. A method for obtaining useful data for analysis of body morphometry carried out with a system for obtaining useful data for analysis of body morphometry comprising: a coded mesh configured to be fitted to a body surface; a set of coded targets arranged in the coded mesh; at least one image sensor configured to record the set of coded targets arranged in the coded mesh; a processing unit for processing a set of images configured to generate a three-dimensional model of the body surface from the set of coded targets arranged in the coded mesh and configured to be recorded by the at least one image sensor; and a display unit for displaying the three-dimensional model of the body surface, wherein the method comprises: a fitting step for fitting the coded mesh to the body surface; a placement step for placing a set of coded targets in the coded mesh; a recording step for recording the set of coded targets arranged in the coded mesh; a processing step for processing a set of images in which a three-dimensional model of the body surface is generated from the set of coded targets recorded in the previous step; and a displaying step for displaying the three-dimensional model of the body surface.
8. The method of claim 7, further comprising a placement step for detachably placing the first coded target, the second coded target and the third coded target in the coded mesh between the fitting step for fitting the coded mesh to the body surface and the recording step for recording the set of coded targets arranged in the coded mesh, in order to define a coordinate system.
9. The method of claim 7, further comprising a check step for checking the recording step for recording the set of coded targets arranged in the coded mesh wherein the number of coded targets arranged in the coded mesh that have been recorded from among the set of targets is checked, in order to determine if the number of coded targets recorded is sufficient for validating the recording step based on parameters such as the calibration and/or external orientation of the images.
10. The method of claim 7, wherein the processing step for processing a set of images in which a three-dimensional model of the body surface is generated from the set of coded targets recorded comprises a generating sub-step for generating a point cloud corresponding to the set of coded targets detected.
11. The method of claim 7, wherein the fitting step for fitting the coded mesh to the body surface requires the inclusion of additional coded targets to the coded mesh.
12. The method of claim 10, wherein the processing step for processing a set of images comprises an assistance sub-step for providing assistance to the user while collecting data, prior to generating the three-dimensional model.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Herr et al. (US 20210145608 A1) teaches devices and methods for obtaining external shapes and internal tissue geometries, as well as tissue behaviors, of a biological body segment are provided. A device for three-dimensional imaging of a biological body segment includes a structure configured to receive the biological body segment, the structure including a first array of imaging devices disposed about a perimeter of the device to capture side images of the biological body segment and a second array of imaging devices disposed at an end of the device to capture images of a distal portion of the biological body segment. The second array has a generally axial viewing angle relative to the perimeter. A controller is configured to generate a three-dimensional reconstruction of the biological body segment based on cross-correlation of captured images from the first and second arrays.
Black et al. (US 20190333267 A1) teaches a system and method of estimating the body shape of an individual from input data such as images or range maps. The body may appear in one or more poses captured at different times and a consistent body shape is computed for all poses. The body may appearin minimal tight-fitting clothing or in normal clothing wherein the described method produces an estimate of the body shape under the clothing. Clothed or bare regions of the body are detected via image classification and the fitting method is adapted to treat each region differently. Body shapes are represented parametrically and are matched to other bodies based on shape similarity and other features. Standard measurements are extracted using parametric or non-parametric functions of body shape. The system components support many applications in body scanning, advertising, social networking, collaborative filtering and Internet clothing shopping.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHAI MINH NGUYEN whose telephone number is (571)272-7923. The examiner can normally be reached 6-3.
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/KHAI M NGUYEN/Primary Examiner, Art Unit 2641
