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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Claim Objections
Claims 16, 20, and 22 are objected to because of the following informalities: claim 16 recites “the jugular venous pressure height.” Claim 16 depends from claim 8, which depends from 6, 5, 1. Claims 1, 5-6, and 8 contain no previous recitation of “a jugular venous pressure height.” However, claim 9, which depends from 8, recites “a jugular venous pressure.” The examiner believes claim 16 should depend from claim 9. Claim 20 is similarly objected to. Claim 22 is similarly objected to regarding the recitation “the sternal angle.” Appropriate correction is required.
Claims 22 and 25 are objected to because of the following informalities: the claim contains a typo, and should be corrected to: “wherein the at least one camera.” Claim 22 is similarly objected to regarding the recitation “a jugular venous pressure.” Appropriate correction is required.
Claim 17 is objected to because of the following informalities: the claim recites “securely,” which may be interpreted as term of degree. Consider correcting to: “wherein each camera is Appropriate correction is required.
Claim 19 is objected to because of the following informalities: the claim is redundant, see “onto the neck of the patient proximate to a patient jugular vein of the patient.” Appropriate correction is required.
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 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-23 and 25-27 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-24 of U.S. Patent No. US 12,144,590 B1. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims under examination are anticipated by the reference claims.
US 12,144,590 B1
18/948,753
1
A device for imaging the neck of a human patient, the device comprising:
a support structure configured to rest on the patient, the support structure comprising a base, the base comprising a protrusion configured to fit with an anatomical landmark of the patient, such that when the support structure is contacted with the body of the patient and the protrusion is fitted with the anatomical landmark, the support structure rests on the body in a prescribed position and orientation;
a light emitter assembly supported by the support structure and positioned or positionable to project light onto the neck of the patient proximate to the patient's jugular vein when the support structure rests on the body in the prescribed position and orientation; and
at least one camera supported by the support structure, the at least one camera being positioned and oriented to capture images of the neck with the light projected thereon.
A device for illuminating a neck of a human patient, the device comprising:
a support structure configured to fit with an anatomical feature of the patient, such that when the support structure is contacted with the body of the patient and the support structure is fitted with the anatomical feature, the support structure resides in a prescribed position and orientation relative to the body;
a light emitter assembly supported by the support structure and positioned or positionable to project light onto the neck of the patient proximate to a jugular vein of the patient when the support structure resides in the prescribed position and orientation relative to the body.
2. The device according to claim 1, wherein the support structure comprises a protrusion configured to fit with the anatomical feature.
5. The device according to claim 1 further comprising at least one camera supported by the support structure, the at least one camera being positioned and oriented to capture images of the neck with the light projected thereon.
Both claims disclose a device comprising a support structure which contacts the patient’s body and resides in a prescribed position, and a light emitter for illuminating the neck of a patient.
Although the claims are not identical, they are not patentably distinct from each other because the claim is anticipated by the patented claim.
Claim 2 of the present application is anticipated by claim 1 of the patented claims.
Claim 3 of the present application is anticipated by claim 2 of the patented claims.
Claim 4 of the present application is anticipated by claim 3 of the patented claims.
Claim 5 of the present application is anticipated by claims 1, 6, and 7 of the patented claims.
Claim 6 of the present application is anticipated by claim 8 of the patented claims.
Claim 7 of the present application is anticipated by claim 10 of the patented claims.
Claim 8 of the present application is anticipated by claim 13 of the patented claims.
Claim 9 of the present application is anticipated by claim 14 of the patented claims.
Claim 10 of the present application is anticipated by claim 15 of the patented claims.
Claim 11 of the present application is anticipated by claim 16 of the patented claims.
Claim 12 of the present application is anticipated by claim 17 of the patented claims.
Claim 13 of the present application is anticipated by claim 22 of the patented claims.
Claim 14 of the present application is anticipated by claim 23 of the patented claims.
Claim 15 of the present application is anticipated by claim 24 of the patented claims.
Claim 16 of the present application is anticipated by claim 19 of the patented claims.
Claim 17 of the present application is anticipated by claims 1, 7, and 11 of the patented claims.
Claim 18 of the present application is anticipated by claim 8 of the patented claims.
Claim 19 of the present application is anticipated by claim 13 of the patented claims.
Claim 20 of the present application is anticipated by claim 14 of the patented claims.
Claim 21 of the present application is anticipated by claim 19 of the patented claims.
Claim 22 of the present application is anticipated by claim 19 and Col. 10 of the specification of the patented claims.
Claim 23 of the present application is anticipated by claim 1 and Col. 5 of the specification of the patented claims.
Claim 25 of the present application is anticipated by Col. 10 of the specification of the patented claims.
Claim 26 of the present application is anticipated by Col. 10 of the specification of the patented claims.
Claim 27 of the present application is anticipated by claim 10 of the patented claims.
Claim 24 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 7-8 of U.S. Patent No. US 12,144,590 B1 in view of Wikipedia (Computer stereo vision, Nov. 2019). US 12,144,590 B1 states “…such that a camera disposed within a side arm can be positioned to be able to capture an image of the entire neck of the patient (if so desired). (This could also be accomplished via camera lenses, if so desired (Col. 4)).” Wikipedia states, “In traditional stereo vision, two cameras, displaced horizontally from one another are used to obtain two differing views on a scene, in a manner similar to human binocular vision. By comparing these two images, the relative depth information can be obtained….” It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the well-known stereovision into the illuminating device of US 12,144,590 B1 to more fully capture an image of a neck.
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 1-3, 5-13, 17-20, 23, and 25-27 are rejected under 35 U.S.C. 103 as being unpatentable over Nahmias (US 2018/0184977 A1), and in further view of Tang (‘Non-contact Quantification of Jugular Venous Pulse Waveforms from Skin Displacements’).
Consider claim 1, Nahmias discloses a device for illuminating a neck of a human patient (¶126, ¶137, FIG. 1), the device comprising:
a support structure configured to fit with an anatomical feature of the patient, such that when the support structure is contacted with the body of the patient and the support structure is fitted with the anatomical feature, the support structure resides in a prescribed position and orientation relative to the body (¶127; “system 100 includes a neck-coupled sensing unit 102 which includes, for example a jugular sensor 108, for example, an imager”; ¶134; “sensing unit 102 include a neck coupler 110… coupler 110 is used to set an axial position of sensor 108 relative to the neck.”; ¶135; neck support 114; ¶201-210; Exemplary Support-Mounted System; ¶211-222; Exemplary Neck-Mounted System);
a light emitter assembly supported by the support structure and positioned or positionable to project light onto the neck of the patient proximate to a jugular vein of the patient when the support structure resides in the prescribed position and orientation relative to the body (¶137; “a light source for an optical imager (e.g., IR and/or visible”; ¶138; “coupler 110 has a geometry which aims sensor 108 (e.g., an imager) at the external jugular vein”; ¶182; JVP; ¶211-222; ¶201-210; Exemplary Support-Mounted System; Exemplary Neck-Mounted System; ¶225-228).
In related art, Tang more clearly discloses a light emitter assembly supported by the support structure and positioned or positionable to project light onto the neck of the patient proximate to a jugular vein of the patient when the support structure resides in the prescribed position and orientation relative to the body (Tang Methods; “device consists of a custom-built rig that holds a camera (FLIR USB3 Flea3, FL3-U3-13Y3M-C) at approximately 30 cm from the subject’s neck and appropriate location with respect to the jugular vein, and software to measure the skin deformations and extract the JV displacement waveforms from the video image sequences (Fig. 2). … A blue LED was used to enhance the contrast of intrinsic features of the skin”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the lighting element of Tang into the device of Nahmias to predictably project light onto the neck of the patient proximate to a jugular vein of the patient. Particularly, Tang’s blue LED is used “to enhance the contrast of intrinsic features of the skin (Tang Method).” Nahmias further states in non-thermal imaging, improved contrast is desired (Nahmias ¶107, 188).
Consider claim 2, Nahmias, as modified by Tang, discloses the claimed invention wherein the support structure comprises a protrusion configured to fit with the anatomical feature (Nahmias ¶215, 225-231).
Consider claim 3, Nahmias, as modified by Tang, discloses the claimed invention wherein the support structure has a shape configured to fit with a sternal notch (Nahmias ¶4-6, 215-216, 231, FIG. 8, FIG. 12; Tang Introduction).
Consider claim 5, Nahmias, as modified by Tang, discloses the claimed invention further comprising at least one camera supported by the support structure, the at least one camera being positioned and oriented to capture images of the neck with the light projected thereon (Nahmias ¶137-139, 182-183, 211-222; Tang Method).
Consider claim 6, Nahmias, as modified by Tang, discloses the claimed invention further comprising at least one processor, the at least one processor being in electronic communication with: the light emitter assembly for controlling the light emitter assembly (Nahmias ¶137-138, FIG. 1; Tang Method); and
the at least one camera for controlling the at least one camera (Nahmias ¶127, 137-138, FIG. 1; Tang Method).
Consider claim 7, Nahmias, as modified by Tang, discloses the claimed invention wherein: the device further comprises a camera position and/or orientation sensor configured to detect at least one of a position and an orientation of the at least one camera (Nahmias FIG. 1, ¶116, 220; Tang Method); and
the at least one processor is further in electronic communication with the camera position and/or orientation sensor for receiving information related to the at least one of the position and the orientation of the at least one camera (Nahmias FIG. 1, ¶116, 220; Tang Method).
Consider claim 8, Nahmias, as modified by Tang, discloses the claimed invention further comprising an information storage medium in electronic communication with the at least one processor, the information storage medium containing instructions that, when executed by the at least one processor (Nahmias FIG. 1; Tang Method), cause:
projection of the light onto the neck of the patient proximate to a jugular vein of the patient (Nahmias FIG. 1, ¶107, 135-138, 182-188, 201-222; Tang Method); and
capture of images of the neck of the patient having the light projected thereupon (Nahmias FIG. 1, ¶135-138, 182, 201-222; Tang Method).
Consider claim 9, Nahmias, as modified by Tang, discloses the claimed invention wherein the information storage medium contains further instructions that, when executed by the at least one processor, cause: processing of the captured images to determine the jugular venous pressure of the patient (Nahmias ¶107, 135-138, 182-188, 201-222; Tang Method).
Consider claim 10, Nahmias, as modified by Tang, discloses the claimed invention wherein the at least one processor and the information storage medium are positioned within any one of:
a cavity defined within the support structure (Nahmias FIG. 1, 9, ¶109, 137, 182-222; Tang Method);
at least one of the at least one camera (Nahmias FIG. 1, ¶109, 135-138, 182-222; Tang Method); and
a housing for the at least one camera and the light emitter assembly (Nahmias FIG. 1, ¶137, 182-222; Tang Method).
Consider claim 11, Nahmias, as modified by Tang, discloses the claimed invention further comprising a device sensor, the at least one processor further being in electronic communication with the device sensor for receiving information from the device sensor (Nahmias ¶109, 116, 220, 135-138, 182; Tang Method).
Consider claim 12, Nahmias, as modified by Tang, discloses the claimed invention wherein the device sensor is configured to detect at least one of a position and an orientation of the device (Nahmias ¶109, 116, 220, 135-138, 182; Tang Method).
Consider claim 13, Nahmias, as modified by Tang, discloses the claimed invention further comprising at least one additional light source spaced apart from the light emitter assembly, the at least one additional light source providing lighting on the neck of the patient (Nahmias FIG. 1 ¶135-138; Tang Method).
Consider claim 17, Nahmias, as modified by Tang, discloses A system comprising: the device according to claim 1; at least one camera, wherein each camera is securely held in a respective position suitable for capturing images of the neck with the light projected thereon (Nahmias ¶107, 135-138, 182-188, 201-222; Tang Method).
Consider claim 18, Nahmias, as modified by Tang, discloses the claimed invention further comprising at least one processor, the at least one processor being in electronic communication with the light emitter assembly for controlling the light emitter assembly and in electronic communication with the at least one camera for controlling the at least one camera (Nahmias FIG. 1, ¶116, 135-138, 182, 201-222; Tang Method).
Consider claim 19, Nahmias, as modified by Tang, discloses the claimed invention further comprising an information storage medium in electronic communication with the at least one processor, the information storage medium containing instructions that, when executed by the at least one processor, cause (Nahmias FIG. 1; Tang Method):
projection of the light onto the neck of the patient proximate to a patient jugular vein of the patient (Nahmias FIG. 1, ¶107, 135-138, 182-188, 201-222; Tang Method); and
capture of images of the neck of the patient having the light projected thereupon (Nahmias FIG. 1, ¶135-138, 182, 201-222; Tang Method).
Consider claim 20, Nahmias, as modified by Tang, discloses the claimed invention wherein the information storage medium contains further instructions that, when executed by the at least one processor, cause: processing of the captured images to determine the jugular venous pressure of the patient (Nahmias ¶107, 135-138, 182-188, 201-222; Tang Method).
Consider claim 23, Nahmias, as modified by Tang, discloses the claimed invention wherein the light emitter assembly is configured to project infrared light (Nahmias ¶135-138).
Consider claim 25, Nahmias, as modified by Tang, discloses the claimed invention wherein the device is a first device, and wherein at least one camera is a subcomponent of an additional device (Nahmias ¶135-138, 201-222, 220; Tang Method).
Consider claim 26, Nahmias, as modified by Tang, discloses the claimed invention wherein the additional device is a smartphone (Nahmias ¶102, 220; Tang Abstract, Discussion).
Consider claim 27, Nahmias, as modified by Tang, discloses the claimed invention further comprising a camera position and/or orientation sensor configured to detect at least one of a position and an orientation of the at least one camera (Nahmias ¶116, 220; Tang Method); and
wherein the at least one processor is further in electronic communication with the camera position and/or orientation sensor for receiving information related to the at least one of the position and the orientation of the at least one camera (Nahmias ¶116, 220; Tang Method).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Nahmias, in view of Tang, as applied to claims 1-3, 5-13, 17-20, 23, and 25-27 above, and further in view of Cheng (US 2013/0150735 A1).
Consider claim 4, Nahmias, as modified by Tang, discloses the claimed invention wherein the support structure is configured such that the fit with the anatomical feature results in pre-determined alignment with one or more of the manubrium, sternum and sternal angle of the patient (Nahmias ¶215-217, 228, Tang Method).
In related art, Cheng further supports wherein the support structure is configured such that the fit with the anatomical feature results in pre-determined alignment with one or more of the manubrium, sternum and sternal angle of the patient (Cheng ¶109-111, 114-117, 125).
Nahmias discloses an adjustable neck support whose fitting with the patient provides “repeatable positioning” and “rotational alignment (Nahmias ¶217).” Cheng uses the sternal angle as a known reference point and positions its device so that’s the “terminal light source” is lined up with the sternal angle (Cheng ¶114).” Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the pre-determined alignment with the sternal angle of Cheng into the processing device of Nahmias, as modified by Tang, to predictably fit the device in a way that results in pre-determine alignment with the sternal angle.
Claims 14, 16, and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Nahmias, in view of Tang, as applied to claims 1-3, 5-13, 17-20, 23, and 25-27 above, and further in view of DeBusschere (US 2017/0296119 A1).
Consider claim 14, Nahmias, as modified by Tang, fails to explicitly disclose wherein the light emitter assembly is configured such that the light is projected as a light pattern.
In related art, DeBusschere discloses wherein the light emitter assembly is configured such that the light is projected as a light pattern (DeBusschere FIG. 1, ¶43).
Nahmias discloses an embodiment wherein “the JVP estimation is based on the ability to determine the height of the blood level filling the vein (Nahmias ¶139, 182).” Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the structured light of DeBusschere into the image processing method of Nahmias, as modified by Tang, to “aid in detecting pulsatile motion, visually amplifying the pulsatile motion, and measuring characteristics of the pulsatile motion (DeBusschere FIG. 1, ¶43),”.
Consider claim 16, Nahmias, as modified by Tang, fails to explicitly disclose wherein the at least one processor is configured to generate and overlay a height scale on the images captured by the at least one camera, thereby facilitating visual inspection and determination of the jugular venous pressure height.
In related art, DeBusschere discloses wherein the at least one processor is configured to generate and overlay a height scale on the images captured by the at least one camera, thereby facilitating visual inspection and determination of the jugular venous pressure height (DeBusschere FIG. 1, ¶32, 43, 50-52).
Nahmias discloses an embodiment wherein “the JVP estimation is based on the ability to determine the height of the blood level filling the vein (Nahmias ¶182).” Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the overlaid scale of DeBusschere into the image processing method of Nahmias, as modified by Tang, to indicate “the rise of JVP relative to an initial detected location of the person[‘s] … JVP that indicates vertical orientation and distance (DeBusschere FIG. 1, ¶32),”.
Consider claim 21, Nahmias, as modified by Tang, fails to explicitly disclose wherein the at least one processor is configured to generate and overlay a height scale on the images captured by the at least one camera.
In related art, DeBusschere discloses wherein the at least one processor is configured to generate and overlay a height scale on the images captured by the at least one camera (DeBusschere FIG. 1, ¶32).
Nahmias discloses an embodiment wherein “the JVP estimation is based on the ability to determine the height of the blood level filling the vein (Nahmias ¶182).” Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the overlaid scale of DeBusschere into the image processing method of Nahmias, as modified by Tang, to indicate “the rise of JVP relative to an initial detected location of the person[‘s] … JVP that indicates vertical orientation and distance (DeBusschere FIG. 1, ¶32),”.
Consider claim 22, Nahmias, as modified by Tang and DeBusschere, discloses the claimed invention wherein the at least one processor is configured such that the height scale enables a determination of a vertical height of a jugular venous pressure relative to the sternal angle or another anatomical feature (Nahmias ¶4-5, 135-139, 147-149, 182; Tang Method; DeBusschere FIG. 1, ¶32).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Nahmias, in view of Tang and DeBusschere, as applied to claims 14, 16, and 21-22 above, and further in view of Cheng (US 2013/0150735 A1).
Consider claim 15, Nahmias, as modified by Tang and DeBusschere, discloses emitting structured light of a known height relative to an anatomic feature (Tang Method; DeBusschere FIG. 1, ¶32), but fails to explicitly disclose wherein the light pattern is projected such that elements of a projected light pattern have a known height relative to the sternal angle of the patient.
In related art, Cheng discloses elements of a projected light pattern have a known height relative to the sternal angle of the patient (Cheng ¶109-115).
Nahmias discloses an adjustable neck support whose fitting with the patient provides “repeatable positioning” and “rotational alignment (Nahmias ¶217).” Cheng uses the sternal angle as a known reference point and positions its device so that’s the “terminal light source” is lined up with the sternal angle (Cheng ¶114).” Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the pre-determined alignment with the sternal angle of Cheng into the processing device of Nahmias, as modified by Tang and DeBusschere, to predictably fit the device in a way that results in pre-determine alignment with the sternal angle.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Nahmias, in view of Tang, as applied to claims 1-3, 5-13, 17-20, 23, and 25-27 above, and further in view of Wieringa (‘Remote Non-invasive Stereoscopic Imaging of Blood Vessels: First In-vivo Results of a New Multispectral Contrast Enhancement Technology’).
Consider claim 24, Nahmias, as modified by Tang, discloses the claimed invention wherein the at least one camera comprises a first camera and a second camera, wherein the second camera is positioned relative to the first camera such that both the first camera and the second camera are capable of capturing images of the neck with the light projected thereon, wherein the second camera is in electronic communication with the at least one processor (Nahmias ¶102, 220, 182-222; Tang Abstract, Method, Discussion), and but fails to explicitly disclose wherein the at least one processor is configured to process images from the first camera and the second camera to achieve stereovision.
In related art, Wieringa discloses wherein the at least one camera comprises a first camera and a second camera, wherein the second camera is positioned relative to the first camera such that both the first camera and the second camera are capable of capturing images of the neck, wherein the second camera is in electronic communication with the at least one processor, and wherein the at least one processor is configured to process images from the first camera and the second camera to achieve stereovision (Wieringa Methods).
Nahmias states in non-thermal imaging, improved contrast is desired (Nahmias ¶107, 188). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the stereovision/stereoscopic imaging of Wiering into the processing device of Nahmias, as modified by Tang, to capture more relevant information from the neck and allow “discrimination between image information obtained from the tissue surface versus image information obtained from within the tissue. In order to achieve this, a distinction was made between shadows, reflections and absorption contrasts for both VIS and NIR (Wieringa Methods).” Modifying the camera to stereoscopic cameras would predictably yield stereoscopic vision (Wieringa Methods).
Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2010/0145201 A1 discloses methods for measuring central venous pressure or respiratory effort.
US 2014/0330335 A1 discloses a mobile phone for treating patient with dementia.
García-López (‘Extracting the JVP from Anterior Neck Contact Photoplethysmography’).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHLEY HYTREK whose telephone number is (703)756-4562. The examiner can normally be reached M-F 9:00-5:00.
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/ASHLEY HYTREK/Examiner, Art Unit 2665
/Stephen R Koziol/Supervisory Patent Examiner, Art Unit 2665
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