DETAILED ACTION
This action is in response to the application filed on 3/21/2025.
Claims 42-48,50-60,62 and 96 are pending.
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 .
Information Disclosure Statement
The references listed on the Information Disclosure Statement submitted on 2/25/2026 has/have been considered by the examiner (see attached PTO-1449).
Claim Mapping Notation
In this office action, following notations are being used to refer to the paragraph numbers or column number and lines of portions of the cited reference.
In this office action, following notations are being used to refer to the paragraph numbers or column number and lines of portions of the cited reference.
[0005] (Paragraph number [0005])
C5 (Column 5)
Pa5 (Page 5)
S5 (Section 5)
Furthermore, unless necessary to distinguish from other references in this action, “et al.” will be omitted when referring to the reference.
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 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.
(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.
Claims 42-48,50, 52 59, 62 and 96 are rejected under 35 U.S.C. 102(a1) and (a2) as being anticipated by Fu et al. (US 20210299384 A1)
42. A method for selecting a patient interface for a patient for use with a respiratory therapy device, the patient interface suitable to deliver respiratory therapy to the patient, comprising the steps of:
“[0094] In one form, the present technology comprises an apparatus or device for treating a respiratory disorder. The apparatus or device may comprise an RPT device 40 for supplying pressurised air to the patient 10 via an air circuit 50 to a patient interface 100.”
determining a dimension of a facial feature required in order to select a patient interface for a patient;
“[0146] As illustrated in the flow diagrams of FIGS. 6A-6D, one aspect of the present technology is a method for controlling a processor, such as processor 310, to measure patient facial features using two-dimensional or three-dimensional images and to recommend or select an appropriate patient interface size, such as from a group of standard sizes, based on the resultant measurements. The method may generally be characterized as including three or four different phases: a pre-capture phase 400, a capture phase 500, a post-capture image processing phase 600, and a comparison and output phase 700.”
determining a desired orientation of a face of the patient, relative to an image-capture device, to be captured in a digital image, in order to determine the dimension of the required facial feature;
“[0136] Obtaining a patient interface allows a patient to engage in positive pressure therapy. Patients seeking their first patient interface or a new patient interface to replace an older interface, typically consult a DME to determine a recommended patient interface size based on measurements of the patient's facial anatomy…”
“[0148] In the pre-capture phase, which is represented by the flow diagram of FIG. 6A, processor 310, among other things, assists the user in establishing the proper conditions for capturing one or more images for sizing processing. Some of these conditions include proper lighting and camera orientation and motion blur caused by an unsteady hand holding the computing device 230, for example.”
“[0151]…A portion of the display interface 320 will display the camera live action preview 324, typically showing the user's facial features captured by sensor/camera 340 in real time if the user is in the correct position and orientation.”
providing guidance to position the face of the patient and the image-capture device in the desired orientation relative to each other for image capture;
“[0062] The mobile computing device may be configured to, for the image capture, generate a display of the reference feature on a display interface of a display device that may be coupled with the image sensor. The display interface may include a targeting guide and a live action preview of content detected by the image sensor. The content may include the reference feature as displayed on the display interface. The mobile computing device may be configured to control capturing of the image data to satisfy at least one alignment condition. The at least one alignment condition may include detection of positioning of the reference feature of the live action preview within a box of the targeting guide. The at least one alignment condition may include detection of a tilt condition being within about +/−10 degrees of a superior-inferior extending axis.”
receiving image capture data representing at least one digital image of a face of the patient, the image capture data representing the face of the patient orientated in the desired orientation relative to the image-capture device;
“[0062] The mobile computing device may be configured to, for the image capture, generate a display of the reference feature on a display interface of a display device that may be coupled with the image sensor. The display interface may include a targeting guide and a live action preview of content detected by the image sensor. The content may include the reference feature as displayed on the display interface. The mobile computing device may be configured to control capturing of the image data to satisfy at least one alignment condition. The at least one alignment condition may include detection of positioning of the reference feature of the live action preview within a box of the targeting guide. The at least one alignment condition may include detection of a tilt condition being within about +/−10 degrees of a superior-inferior extending axis.”
calculating the dimension for the facial feature from the image capture data; and,
using the dimension to select the patient interface for the patient.
“[0146] As illustrated in the flow diagrams of FIGS. 6A-6D, one aspect of the present technology is a method for controlling a processor, such as processor 310, to measure patient facial features using two-dimensional or three-dimensional images and to recommend or select an appropriate patient interface size, such as from a group of standard sizes, based on the resultant measurements. The method may generally be characterized as including three or four different phases: a pre-capture phase 400, a capture phase 500, a post-capture image processing phase 600, and a comparison and output phase 700.”
43. The method according to claim 42 comprising the step of determining an orientation of the image capture device, comparing the orientation of the image capture device to a predefined orientation, and providing guidance to position the image capture device into the predefined orientation in dependence on the comparison.
“[0062] The mobile computing device may be configured to, for the image capture, generate a display of the reference feature on a display interface of a display device that may be coupled with the image sensor. The display interface may include a targeting guide and a live action preview of content detected by the image sensor. The content may include the reference feature as displayed on the display interface. The mobile computing device may be configured to control capturing of the image data to satisfy at least one alignment condition. The at least one alignment condition may include detection of positioning of the reference feature of the live action preview within a box of the targeting guide. The at least one alignment condition may include detection of a tilt condition being within about +/−10 degrees of a superior-inferior extending axis.”
44. The method according to claim 42 comprising the step of receiving selection of an orientation of the image capture device, the selected orientation being a reference orientation, wherein the reference orientation is selected by the patient or selected automatically, and wherein subsequent measurements are taken with respect to the reference orientation.
“[0062] The mobile computing device may be configured to, for the image capture, generate a display of the reference feature on a display interface of a display device that may be coupled with the image sensor. The display interface may include a targeting guide and a live action preview of content detected by the image sensor. The content may include the reference feature as displayed on the display interface. The mobile computing device may be configured to control capturing of the image data to satisfy at least one alignment condition. The at least one alignment condition may include detection of positioning of the reference feature of the live action preview within a box of the targeting guide. The at least one alignment condition may include detection of a tilt condition being within about +/−10 degrees of a superior-inferior extending axis.”
45. The method according to claim 44 wherein the reference orientation for the image capture device is the orientation of the image capture device when the face of the patient is at a predefined orientation relative to the image capture device.
“[0062] The mobile computing device may be configured to, for the image capture, generate a display of the reference feature on a display interface of a display device that may be coupled with the image sensor. The display interface may include a targeting guide and a live action preview of content detected by the image sensor. The content may include the reference feature as displayed on the display interface. The mobile computing device may be configured to control capturing of the image data to satisfy at least one alignment condition. The at least one alignment condition may include detection of positioning of the reference feature of the live action preview within a box of the targeting guide. The at least one alignment condition may include detection of a tilt condition being within about +/−10 degrees of a superior-inferior extending axis.”
46. The method for selecting a patient interface for a patient for use with a respiratory therapy device according to claim 42, wherein the step of providing guidance to position the face of the patient and the image-capture device in the desired orientation relative to each other for image comprises:
receiving data representing at least one digital image of the face of the patient;
“[0062] The mobile computing device may be configured to, for the image capture, generate a display of the reference feature on a display interface of a display device that may be coupled with the image sensor. The display interface may include a targeting guide and a live action preview of content detected by the image sensor. The content may include the reference feature as displayed on the display interface. The mobile computing device may be configured to control capturing of the image data to satisfy at least one alignment condition. The at least one alignment condition may include detection of positioning of the reference feature of the live action preview within a box of the targeting guide. The at least one alignment condition may include detection of a tilt condition being within about +/−10 degrees of a superior-inferior extending axis.”
determining, from the received image capture data representing at least one digital image of the face of the patient, a first orientation of the face of the patient relative to the image capture device, and presenting using a position indicator a first indicator associated with the first orientation;
“[0062] The mobile computing device may be configured to, for the image capture, generate a display of the reference feature on a display interface of a display device that may be coupled with the image sensor. The display interface may include a targeting guide and a live action preview of content detected by the image sensor. The content may include the reference feature as displayed on the display interface. The mobile computing device may be configured to control capturing of the image data to satisfy at least one alignment condition. The at least one alignment condition may include detection of positioning of the reference feature of the live action preview within a box of the targeting guide. The at least one alignment condition may include detection of a tilt condition being within about +/−10 degrees of a superior-inferior extending axis.”
receiving further data representing at least one digital image of the face of the patient, and determining, from the received further data representing at least one digital image of the face of the patient, a second orientation of the face of the patient, said second orientation being different from the first orientation, and presenting using the position indicator a second indicator associated with the second orientation;
“[0062] The mobile computing device may be configured to, for the image capture, generate a display of the reference feature on a display interface of a display device that may be coupled with the image sensor. The display interface may include a targeting guide and a live action preview of content detected by the image sensor. The content may include the reference feature as displayed on the display interface. The mobile computing device may be configured to control capturing of the image data to satisfy at least one alignment condition. The at least one alignment condition may include detection of positioning of the reference feature of the live action preview within a box of the targeting guide. The at least one alignment condition may include detection of a tilt condition being within about +/−10 degrees of a superior-inferior extending axis.”
wherein the first indicator indicates a comparison between the first orientation and the desired orientation, and
“[0062] The mobile computing device may be configured to, for the image capture, generate a display of the reference feature on a display interface of a display device that may be coupled with the image sensor. The display interface may include a targeting guide and a live action preview of content detected by the image sensor…”
the second indicator indicates a comparison between the second orientation and the desired orientation.
“[0062] The mobile computing device may be configured to, for the image capture, generate a display of the reference feature on a display interface of a display device that may be coupled with the image sensor. The display interface may include a targeting guide and a live action preview of content detected by the image sensor…”
The live action preview in the reference with the targeting guide discloses a “second indicator” when the user changes the orientation of the user’s face.
47. The method for selecting a patient interface for a patient for use with a respiratory therapy device according to claim 42, wherein the step of providing guidance to position the face of the patient and the image-capture device in the desired orientation relative to each other for image capture comprises:
on a display interface displaying a static indicator representing the desired orientation of the face of the patient relative to the image capture device, the static indicator being displayed at a fixed location on the display interface;
“[0062]…The display interface may include a targeting guide and a live action preview of content detected by the image sensor. The content may include the reference feature as displayed on the display interface. The mobile computing device may be configured to control capturing of the image data to satisfy at least one alignment condition. The at least one alignment condition may include detection of positioning of the reference feature of the live action preview within a box of the targeting guide. The at least one alignment condition may include detection of a tilt condition being within about +/−10 degrees of a superior-inferior extending axis.”
receiving data representing at least one digital image of the face of the patient;
determining, from the received data representing at least one digital image of the face of the patient, an orientation of the face of the patient relative to the image capture device;
“[0146] As illustrated in the flow diagrams of FIGS. 6A-6D, one aspect of the present technology is a method for controlling a processor, such as processor 310, to measure patient facial features using two-dimensional or three-dimensional images and to recommend or select an appropriate patient interface size, such as from a group of standard sizes, based on the resultant measurements. The method may generally be characterized as including three or four different phases: a pre-capture phase 400, a capture phase 500, a post-capture image processing phase 600, and a comparison and output phase 700.”
on the display interface, displaying a dynamic indicator representing a current orientation of the face of the patient relative to the image capture device,
“[0062]…The display interface may include a targeting guide and a live action preview of content detected by the image sensor. The content may include the reference feature as displayed on the display interface. The mobile computing device may be configured to control capturing of the image data to satisfy at least one alignment condition. The at least one alignment condition may include detection of positioning of the reference feature of the live action preview within a box of the targeting guide. The at least one alignment condition may include detection of a tilt condition being within about +/−10 degrees of a superior-inferior extending axis.”
“Reference feature” in the reference can be considered to be the “dynamic indicator” since the reference feature may move in relation to the camera.
wherein a difference between the location of the static indicator and the dynamic indicator on the display interface is representative of a difference between the current orientation of the face of the patient relative to the image capture device and the desired orientation of the face of the patient relative to the image capture device.
“[0062]…The display interface may include a targeting guide and a live action preview of content detected by the image sensor. The content may include the reference feature as displayed on the display interface. The mobile computing device may be configured to control capturing of the image data to satisfy at least one alignment condition. The at least one alignment condition may include detection of positioning of the reference feature of the live action preview within a box of the targeting guide. The at least one alignment condition may include detection of a tilt condition being within about +/−10 degrees of a superior-inferior extending axis.”
48. The method for selecting a patient interface for a patient for use with a respiratory therapy device according to claim 42, wherein the step of providing guidance to position the face of the patient and the image capture device in the desired orientation relative to each other for image capture comprises:
providing prompts to assist the patient to attain a required height of the face of the patient relative to the image-capture device;
providing prompts to assist the patient to attain a required angle of the face of the patient relative to the image-capture device; and
providing prompts to assist the patient to attain a required distance between the face of the patient and the image-capture device.
“[0062]…The display interface may include a targeting guide and a live action preview of content detected by the image sensor. The content may include the reference feature as displayed on the display interface. The mobile computing device may be configured to control capturing of the image data to satisfy at least one alignment condition. The at least one alignment condition may include detection of positioning of the reference feature of the live action preview within a box of the targeting guide. The at least one alignment condition may include detection of a tilt condition being within about +/−10 degrees of a superior-inferior extending axis.”
“[0155] The status indicator 327 provides information to the user regarding the status of the process. This helps ensure the user does not make major adjustments to the positioning of the sensor/camera prior to completion of image capture.”
Note, “…detection of positioning of the reference feature of the live action preview within a box of the targeting guide…” necessitates adjustment of the pose in the stated manner (height, angle and distance) and with “prompts” given the status indicator in the reference.
49. (canceled)
50. The method according to claim 46 wherein the first indicator and the second indicator are visual indicators; the visual indicators are displayed on a display interface of an electronic device; and/or the visual indicators are displayed on a display interface of the image capture device.
“[0062]…The display interface may include a targeting guide and a live action preview of content detected by the image sensor. The content may include the reference feature as displayed on the display interface. The mobile computing device may be configured to control capturing of the image data to satisfy at least one alignment condition. The at least one alignment condition may include detection of positioning of the reference feature of the live action preview within a box of the targeting guide. The at least one alignment condition may include detection of a tilt condition being within about +/−10 degrees of a superior-inferior extending axis.”
52. The method according to claim 46 wherein the position indicator is configured to dynamically change position and/or appearance in response to a detected change in angle of the face of the patient relative to the image capture device.
“[0062]…The display interface may include a targeting guide and a live action preview of content detected by the image sensor. The content may include the reference feature as displayed on the display interface. The mobile computing device may be configured to control capturing of the image data to satisfy at least one alignment condition. The at least one alignment condition may include detection of positioning of the reference feature of the live action preview within a box of the targeting guide. The at least one alignment condition may include detection of a tilt condition being within about +/−10 degrees of a superior-inferior extending axis.”
53. The method according to claim 46 comprising the step of determining a field of view of the patient and wherein the position indicator is displayed on a display interface at a location on the display interface within the field of view of the patient.
“[0062]…The display interface may include a targeting guide and a live action preview of content detected by the image sensor. The content may include the reference feature as displayed on the display interface. The mobile computing device may be configured to control capturing of the image data to satisfy at least one alignment condition. The at least one alignment condition may include detection of positioning of the reference feature of the live action preview within a box of the targeting guide. The at least one alignment condition may include detection of a tilt condition being within about +/−10 degrees of a superior-inferior extending axis.”
54. The method according to claim 53 wherein the field of view of the patient is determined using an angular range with respect to a front of the face of the patient or with respect to an eye of the patient at said determined orientation.
“[0062]…The display interface may include a targeting guide and a live action preview of content detected by the image sensor. The content may include the reference feature as displayed on the display interface. The mobile computing device may be configured to control capturing of the image data to satisfy at least one alignment condition. The at least one alignment condition may include detection of positioning of the reference feature of the live action preview within a box of the targeting guide. The at least one alignment condition may include detection of a tilt condition being within about +/−10 degrees of a superior-inferior extending axis.”
55. The method according to claim 53 comprising the step of determining a position of the image capture device and wherein the field of view of the patient is determined using the position of the image capture device.
“[0151] Around the same time sensor/camera 340 is activated, processor 310, as instructed by the application, presents a capture display on the display interface 320. FIG. 7A depicts an example of a capture display 322 and of contents thereof, which may include a camera live action preview 324, a reference feature 326, a targeting box 328, and one or more status indicators 327 or any combination thereof. In this example, the reference feature 326 is displayed centred on the display interface and has a width corresponding to the width of the display interface 320. The vertical position of the reference feature 326 may be such that the top edge of reference feature 326 abuts the upper most edge of the display interface 320 or the bottom edge of reference feature 326 abuts the lower most edge of the display interface 320. A portion of the display interface 320 will display the camera live action preview 324, typically showing the user's facial features captured by sensor/camera 340 in real time if the user is in the correct position and orientation.”
56. The method according to claim 46 wherein the position indicator is located on a first portion of a display interface, said first portion at least partly defined by a first edge of the display interface.
“[0151] Around the same time sensor/camera 340 is activated, processor 310, as instructed by the application, presents a capture display on the display interface 320. FIG. 7A depicts an example of a capture display 322 and of contents thereof, which may include a camera live action preview 324, a reference feature 326, a targeting box 328, and one or more status indicators 327 or any combination thereof. In this example, the reference feature 326 is displayed centred on the display interface and has a width corresponding to the width of the display interface 320. The vertical position of the reference feature 326 may be such that the top edge of reference feature 326 abuts the upper most edge of the display interface 320 or the bottom edge of reference feature 326 abuts the lower most edge of the display interface 320. A portion of the display interface 320 will display the camera live action preview 324, typically showing the user's facial features captured by sensor/camera 340 in real time if the user is in the correct position and orientation.”
57. The method according to claim 42 wherein, on determining that the orientation of the face of the patient is in the desired orientation, presenting an image capture indicator to indicate that the image capture device is capturing an image of the face of the patient, the image capture indicator being displayed on a display interface at a location within a field of view of the patient.
“[0151] Around the same time sensor/camera 340 is activated, processor 310, as instructed by the application, presents a capture display on the display interface 320. FIG. 7A depicts an example of a capture display 322 and of contents thereof, which may include a camera live action preview 324, a reference feature 326, a targeting box 328, and one or more status indicators 327 or any combination thereof. In this example, the reference feature 326 is displayed centred on the display interface and has a width corresponding to the width of the display interface 320. The vertical position of the reference feature 326 may be such that the top edge of reference feature 326 abuts the upper most edge of the display interface 320 or the bottom edge of reference feature 326 abuts the lower most edge of the display interface 320. A portion of the display interface 320 will display the camera live action preview 324, typically showing the user's facial features captured by sensor/camera 340 in real time if the user is in the correct position and orientation.”
58. The method according to claim 42 wherein on determining that the orientation of the face of the patient is in the desired orientation, triggering an image capture process, the image capture process comprising the steps of:
displaying an image capture indicator on a display interface at a location on the display interface;
“[0151] Around the same time sensor/camera 340 is activated, processor 310, as instructed by the application, presents a capture display on the display interface 320. FIG. 7A depicts an example of a capture display 322 and of contents thereof, which may include a camera live action preview 324, a reference feature 326, a targeting box 328, and one or more status indicators 327 or any combination thereof. In this example, the reference feature 326 is displayed centred on the display interface and has a width corresponding to the width of the display interface 320. The vertical position of the reference feature 326 may be such that the top edge of reference feature 326 abuts the upper most edge of the display interface 320 or the bottom edge of reference feature 326 abuts the lower most edge of the display interface 320. A portion of the display interface 320 will display the camera live action preview 324, typically showing the user's facial features captured by sensor/camera 340 in real time if the user is in the correct position and orientation.”
capturing an image of the face of the patient with the image capture device for an image capture time period; and during said image capture time period, monitoring the orientation of the face of the patient;
“[0151] Around the same time sensor/camera 340 is activated, processor 310, as instructed by the application, presents a capture display on the display interface 320. FIG. 7A depicts an example of a capture display 322 and of contents thereof, which may include a camera live action preview 324, a reference feature 326, a targeting box 328, and one or more status indicators 327 or any combination thereof. In this example, the reference feature 326 is displayed centred on the display interface and has a width corresponding to the width of the display interface 320. The vertical position of the reference feature 326 may be such that the top edge of reference feature 326 abuts the upper most edge of the display interface 320 or the bottom edge of reference feature 326 abuts the lower most edge of the display interface 320. A portion of the display interface 320 will display the camera live action preview 324, typically showing the user's facial features captured by sensor/camera 340 in real time if the user is in the correct position and orientation.”
wherein during the image capture time period if the orientation of the face of the patient changes from the desired orientation, at least one of the following takes place:
terminating the image capture process, suspending the image-capture process, or providing further guidance to position the face of the patient and the image-capture device in the desired orientation relative to each other.
“[0151] Around the same time sensor/camera 340 is activated, processor 310, as instructed by the application, presents a capture display on the display interface 320. FIG. 7A depicts an example of a capture display 322 and of contents thereof, which may include a camera live action preview 324, a reference feature 326, a targeting box 328, and one or more status indicators 327 or any combination thereof. In this example, the reference feature 326 is displayed centred on the display interface and has a width corresponding to the width of the display interface 320. The vertical position of the reference feature 326 may be such that the top edge of reference feature 326 abuts the upper most edge of the display interface 320 or the bottom edge of reference feature 326 abuts the lower most edge of the display interface 320. A portion of the display interface 320 will display the camera live action preview 324, typically showing the user's facial features captured by sensor/camera 340 in real time if the user is in the correct position and orientation.”
Status indicators will be active during the orientation process.
59. The method according to claim 58 wherein upon terminating or suspending the image capture process, presenting a different indicator, and/or an additional indicator, from the image capture indicator.
“[0151] Around the same time sensor/camera 340 is activated, processor 310, as instructed by the application, presents a capture display on the display interface 320. FIG. 7A depicts an example of a capture display 322 and of contents thereof, which may include a camera live action preview 324, a reference feature 326, a targeting box 328, and one or more status indicators 327 or any combination thereof. In this example, the reference feature 326 is displayed centred on the display interface and has a width corresponding to the width of the display interface 320. The vertical position of the reference feature 326 may be such that the top edge of reference feature 326 abuts the upper most edge of the display interface 320 or the bottom edge of reference feature 326 abuts the lower most edge of the display interface 320. A portion of the display interface 320 will display the camera live action preview 324, typically showing the user's facial features captured by sensor/camera 340 in real time if the user is in the correct position and orientation.”
A different indication will be effective for the indicators 37 when the status changes.
61. (canceled)
62. The method according to claim 46 wherein, in addition to the first and second indicators, the position indicator further comprises non-current-position-indicating portions corresponding to other potential, non-current, orientations of the face of the patient relative to the image capture device.
“[0151] Around the same time sensor/camera 340 is activated, processor 310, as instructed by the application, presents a capture display on the display interface 320. FIG. 7A depicts an example of a capture display 322 and of contents thereof, which may include a camera live action preview 324, a reference feature 326, a targeting box 328, and one or more status indicators 327 or any combination thereof. In this example, the reference feature 326 is displayed centred on the display interface and has a width corresponding to the width of the display interface 320. The vertical position of the reference feature 326 may be such that the top edge of reference feature 326 abuts the upper most edge of the display interface 320 or the bottom edge of reference feature 326 abuts the lower most edge of the display interface 320. A portion of the display interface 320 will display the camera live action preview 324, typically showing the user's facial features captured by sensor/camera 340 in real time if the user is in the correct position and orientation.”
63-95. (canceled)
Regarding the claim 96, it recites elements that are at least included in the claim 42 above, but in different claim form. Therefore, the same rationale for the rejection of the claim 42 applies.
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 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) 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.
Claims 51 and 60 are rejected under 35 U.S.C. 103 as being unpatentable over Fu in view of Dohrmann US 20220319696 A1).
Regarding the claims 51, Fu discloses the invention substantially as claimed as mentioned above for the claim 42 and 46.
Fu discloses,
51. The method according to claim 46 wherein the position indicator comprises a …to indicate the orientation of the face towards and away from the desired orientation in dependence on a current orientation of the face of the patient relative to the image capture device…, the first and second indicators being indicators of the sequence of indicators.
“[0151] Around the same time sensor/camera 340 is activated, processor 310, as instructed by the application, presents a capture display on the display interface 320. FIG. 7A depicts an example of a capture display 322 and of contents thereof, which may include a camera live action preview 324, a reference feature 326, a targeting box 328, and one or more status indicators 327 or any combination thereof. In this example, the reference feature 326 is displayed centred on the display interface and has a width corresponding to the width of the display interface 320. The vertical position of the reference feature 326 may be such that the top edge of reference feature 326 abuts the upper most edge of the display interface 320 or the bottom edge of reference feature 326 abuts the lower most edge of the display interface 320. A portion of the display interface 320 will display the camera live action preview 324, typically showing the user's facial features captured by sensor/camera 340 in real time if the user is in the correct position and orientation.”
Fu does not disclose,
progressive animation sequence… the progressive animation sequence comprising a series of indicators displayed at different locations on a display interface…
Dohrmann discloses,
progressive animation sequence… the progressive animation sequence comprising a series of indicators displayed at different locations on a display interface…
“[0297] If the alert is acknowledged by the User by speaking the command “Addison . . . Alarm Off” or by pressing the button that indicates Alarm Off the display alarm graphic will stop animation effects and the audible alert will stop and the display screen will transition to Addison speaking while concurrently displaying her words in the real time speech text box at bottom of screen.”
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to utilize the teachings of Dohrmann and apply them on the teachings of Fu to incorporate the animated graphics related to aligning the face of a user and a camera, including progressive varying of the size of the graphics elements when performing pose orientation related to interface fitting and selection in Fu.
One would have been motivated as implementing such animations are considered within a realm of a design choice.
Unless stated otherwise, the same explanation for the rationale for the following dependent claims applies as given for the independent claim.
60. The method according to claim 46 wherein the position indicator presents an animation sequence to indicate the orientation of the face of the patient in relation to the desired orientation, wherein the animation sequence increases or decreases in size proportionate to how close or far the face of the patient is from the desired orientation.
Fu “[0151] Around the same time sensor/camera 340 is activated, processor 310, as instructed by the application, presents a capture display on the display interface 320. FIG. 7A depicts an example of a capture display 322 and of contents thereof, which may include a camera live action preview 324, a reference feature 326, a targeting box 328, and one or more status indicators 327 or any combination thereof. In this example, the reference feature 326 is displayed centred on the display interface and has a width corresponding to the width of the display interface 320. The vertical position of the reference feature 326 may be such that the top edge of reference feature 326 abuts the upper most edge of the display interface 320 or the bottom edge of reference feature 326 abuts the lower most edge of the display interface 320. A portion of the display interface 320 will display the camera live action preview 324, typically showing the user's facial features captured by sensor/camera 340 in real time if the user is in the correct position and orientation.”
Dohrmann “[0297] If the alert is acknowledged by the User by speaking the command “Addison . . . Alarm Off” or by pressing the button that indicates Alarm Off the display alarm graphic will stop animation effects and the audible alert will stop and the display screen will transition to Addison speaking while concurrently displaying her words in the real time speech text box at bottom of screen.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hogg et al. (US 20230098579 A1) and Shanmuganathan (US 20210375046 A1) discloses relevant art related to the subject matter of the present invention.
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/JAE N NOH/
Primary Examiner
Art Unit 2481
Prosecution Insights