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 .
This Office action is responsive to Preliminary Amendment filed on 09/29/2025.
Claims 4, 6-8, 12, 15, 17, 25-27, 29-30, and 32-33 have been canceled.
Claims 1, 3, 5, 9-11, 13-14, 16, 18-24, 28, 31, and 34 have been amended.
Claims 1-3, 5, 9-11, 13-14, 16, 18-24, 28, 31, and 34 are presented for examination.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/24/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-3, 5, 9-11, 13-14, 16, 18-24, 28, 31, and 34 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding independent claim 1, the claim recites the limitations “an entity” in lines 7, 11 and “the same entity” in line 13. It is unclear whether the limitation “entity” is same or not in the claim. Therefore, it renders the claim indefinite.
Regarding independent claim 31, the claim recites the limitations “an entity” in lines 5, 7 and “the same entity” in line 9. It is unclear whether the limitation “entity” is same or not in the claim. Therefore, it renders the claim indefinite.
Regarding independent claim 34, the claim recites the limitations “an entity” in lines 5, 7 and “the same entity” in line 9. It is unclear whether the limitation “entity” is same or not in the claim. Therefore, it renders the claim indefinite.
Claims 2-3, 5, 9-11, 13-14, 16, 18-24, and 28 are also rejected because of dependency.
Claim limitations “device configured to” and “authorization module configured to” have been evaluated under the three-prong test set forth in MPEP § 2181, subsection I, but the result is inconclusive. Thus, it is unclear whether this limitation should be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation uses the word “means” or a generic placeholder coupled with functional language, but it is modified by some structure or material that is ambiguous regarding whether that structure or material is sufficient for performing the claimed function. The boundaries of this claim limitation are ambiguous; therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
In response to this rejection, applicant must clarify whether this limitation should be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Mere assertion regarding applicant’s intent to invoke or not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph is insufficient. Applicant may:
(a) Amend the claim to clearly invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, by reciting “means” or a generic placeholder for means, or by reciting “step.” The “means,” generic placeholder, or “step” must be modified by functional language, and must not be modified by sufficient structure, material, or acts for performing the claimed function;
(b) Present a sufficient showing that 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, should apply because the claim limitation recites a function to be performed and does not recite sufficient structure, material, or acts to perform that function;
(c) Amend the claim to clearly avoid invoking 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, by deleting the function or by reciting sufficient structure, material or acts to perform the recited function; or
(d) Present a sufficient showing that 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, does not apply because the limitation does not recite a function or does recite a function along with sufficient structure, material or acts to perform that function.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 5, 9-11, 13-14, 16, 18-24, 28, 31, and 34 are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by Hastings et al. (US Patent Application Publication No. 2022/0103760 A1) listed in IDS dated 01/24/2025 hereinafter Hastings.
Regarding independent claims 1, 31, and 34, Hastings discloses an apparatus/method/medium for processing an imaging feed from an imaging device, comprising (see para 0004: "Applicant has discovered methods and systems that can maintain patient privacy in a video stream of a medical facility";):
a device (para 0055: "The computer can include, for example, one or more of processor 510, input device 520, output device 530, storage 540, and communication device") that is configured to transform the imaging feed (see para 0004: "systems that can maintain patient privacy in a video stream of a medical facility by obfuscating all patient identity information"; FIG.4B); and
a communication interface (para 0055: "The computer can include, for example, one or more of processor 510, input device 520, output device 530, storage 540, and communication device") that is configured to communicate the imaging feed to a further device; wherein, after the imaging feed is transformed, only the transformed imaging feed is transmitted beyond the communication interface (see para 0004: "maintain patient privacy in a video stream of a medical facility by obfuscating all patient identity information such that the patient's identity and medical information is protected"; para 0023: "image data source 102 may be any electronic source for medical or surgical images and/or video, such as an image capture device, a video capture device, an image-capture, image/video archive, and/or video-capture endoscope, an image or video broadcasting or relaying device, one or more servers, and/or one or more databases or repositories. Image data source 102 may be configured to transmit image data (e.g., monitoring/medical/surgical image data and/or monitoring/medical/surgical video data) to privacy assessment system 104 by any wired or wireless electronic communication medium, including by any suitable network communication protocol"; para 0038: "the system can modify the image data to obfuscate the at least one portion of the at least one privacy zone. "Obfuscate" as defined herein means to render image data obscure, unclear, or unintelligible such that a person viewing the obscured image data cannot make out any patient identity information in the obscured image data. In some embodiments, the image data is obfuscated by pixelating or scrambling the privacy zone(s) of the image data. As such, the privacy assessment system can allow for image data feeds/stream (e.g., video feeds/streams) with patients included in the image data (e.g., video frame) to be anonymized via obfuscation to protect the patient's identity"; para 0049: "user at a remote location may want to change the image data source (e.g.,) such that they can see another portion of the medical facility. As such, the user may provide an input that would cause the camera to pan left to see what is to the
left of the field of view of the camera. However, to the left of the field of view of
the camera is the patient himself which has already been previously defined as
a privacy zone for the medical facility. Accordingly, the assessment system can
limit the panning of the camera to the left such that it will not pan left to have
privacy zone (i.e., the patient) in the field of view of the camera"; FIG.4A: shows
an example of a camera video stream of a patient care environment with real-
time obfuscation of patient identity, FIG.4B);
authorization module configured to authorize an entity to control the imaging feed before the imaging feed is communicated to the further device (see para 0053: "the system can determine whether the user input is received from an authorized user or an unauthorized user (as described above); and limiting the change in the perspective of the imaging device based on the defined at least one privacy zone so that the at
least one privacy zone is not in a field of view of the imaging device in response to determining that the user input is received from an unauthorized user"),
wherein the authorization module is configured to prohibit an entity from being able to view the imaging feed before the imaging feed is communicated to the further device (para 0005, “This person at the far end controls may not be authorized to see patient identity information (which can also include patient medical information). As such, Applicant's system can limit the change in the perspective of the camera based on a defined privacy zone in the medical facility such that the privacy zone is not in the field of view of the camera. In some embodiments, the system can instead obfuscate the privacy zone such that the user at the far end control of the camera cannot see any patient identity information. Use of the systems, methods, and techniques described herein can protect patients' privacy rights from any patient identity information being leaked to unauthorized people through healthcare video monitoring and/or recording systems”, para 0008, the method further comprising determining whether the first user input is received from an authorized user or an unauthorized user; and limiting the change in the perspective of the image data source based on the defined at least one privacy zone so that the at least one privacy zone is not in a field of view of the image data source in response to determining that the first user input is received from an unauthorized user”),
wherein the authorization module is configured to authorize the same entity to define the transformation of the imaging feed (para 0041: "the patient's health care provider can be an authorized user of the system who is allowed access to the patient's identity information. For authorized users, the system can transmit image data that includes the at least one portion of the at least one privacy zone to a display. In some embodiments, the authorized user can provide an input to the system to identify himself/herself as an authorized user).
Regarding claim 2, the apparatus of claim 1, wherein the further device is external to the communication interface (para 0005, 0022 and 0024).
Regarding claim 3, the apparatus of claim 1, wherein the further device is a server and wherein the server is configured to distribute the transformed imaging feed (para 0005, 0022 and 0024).
Regarding claim 5, the apparatus of claim 1, wherein the imaging feed is not recorded prior to transformation by the transforming device, and wherein the imaging feed is transmitted from the imaging device to the transforming device without being recorded (para 0039 and Meyer, para 0078 and 0094).
Regarding claim 9, the apparatus of claim 1, wherein the authorization module is configured to authorize the entity to view or edit the imaging feed before the imaging feed is communicated to the further device (para 0041 and 0053).
Regarding claim 10, the apparatus of claim 1, wherein the authorization module is configured to authorize the entity to define the transformation of the imaging feed before the imaging feed is communicated to the further device (para 0041 and 0053).
Regarding claim 11, the apparatus of claim 1, wherein the authorization module is configured to prohibit an entity being able to control the imaging feed before the imaging feed is communicated to the further device (para 0041 and 0053).
Regarding claim 13, the apparatus of claim 1, wherein the authorization module is configured to determine a level of authorization of the entity in dependence on a status of the entity (para 0010 and 0041).
Regarding claim 14, the apparatus of claim 1, wherein the authorization module is configured to authorize the entity that controls the communication interface to view the imaging feed before the imaging feed is communicated to the further device (para 0010 and 0041-0042).
Regarding claim 16, the apparatus of claim 1, further comprising a processor for: extracting at least one region of the imaging feed and replacing the at least one region of the imaging feed with at least one region of an alternative image to generate the transformed imaging feed (fig. 4A-B and para 0004 and 0055).
Regarding claim 18, the apparatus of claim 16, wherein the at least one region of the alternative image spatially corresponds to the at least one region of the imaging feed (fig. 4A-B and para 0039).
Regarding claim 19, the apparatus of claim 16, wherein the alternative image is an image of the imaging feed, to which the processor is configured to apply a filter (fig. 4A-B and para 0039).
Regarding claim 20, the apparatus of claim 19, wherein the processor is configured to apply the filter to a larger portion of the image than the at least one region of the alternative image (fig. 4A-B and para 0039).
Regarding claim 21, the apparatus of claim 19, wherein the filter is an obscuring filter (fig. 4A-B and para 0039).
Regarding claim 22, the apparatus of claim 21, wherein the filter is selected in dependence on a performance metric of the apparatus, and wherein the performance metric relates to processing capability (fig. 4A-B and para 0039).
Regarding claim 23, the apparatus of claim 1, wherein the imaging feed is live, or wherein transformation of the imaging feed is performed in real time to generate a live transformed imaging feed, and wherein the transformation is performed within 500 ms of receiving the imaging feed (para 0039).
Regarding claim 24, the apparatus of claim 1, further comprising a user interface configured to enable a user to define or edit the transformation applied to the imaging feed (para 0032 and 0043).
Regarding claim 28, the apparatus of claim 1, further configured to output an alert upon detecting that the imaging device is capable of altering a configuration of the imaging feed (para 0041, 0044, and 0053).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (see PTO-892).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BAOTRAN N TO whose telephone number is (571)272-8156. The examiner can normally be reached M-F: 9-5 ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amir Mehrmanesh can be reached at 571-270-3351. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BAOTRAN N TO/Primary Examiner, Art Unit 2435
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