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 .
Response to Amendment
This office action is in response to the communications filed on 03/26/2025, concerning Application No. 19/115,560. The preliminary amendments to the specification and the claims filed on 03/26/2025 are acknowledged. Presently, claims 1-10 remain pending.
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 03/26/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS is being considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: “K1” in Fig. 5. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claims 4 and 9-10 are objected to because of the following informalities:
Claim 4, line 8, the limitation “a magnitude of weighting specified by the position on coordinates” should be changed to “a magnitude of weighting specified by the position on the coordinates”;
Claim 4, line 10, the limitation “other measurement area in a direction in which the pulse wave of the person is propagated” should be changed to “other measurement area in the direction in which the pulse wave of the person is propagated”;
Claim 9, lines 1-2, the limitation “the method further comprising” should be changed to “the pulse wave estimation method further comprising”;
Claim 9, lines 8-9, the limitation “a magnitude of weighting specified by the position on coordinates” should be changed to “a magnitude of weighting specified by the position on the coordinates”;
Claim 9, line 11, the limitation “other measurement area in a direction in which the pulse wave of the person is propagated” should be changed to “other measurement area in the direction in which the pulse wave of the person is propagated”; and
Claim 10, lines 4-5, the limitation “a state estimation method of estimating a state of the person on a basis of the pulse wave output by the pulse wave estimation method” should be changed to “the state estimation method of estimating a state of the person on a basis of a pulse wave output by the pulse wave estimation method”.
Appropriate correction is required.
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.
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 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura et al. (US 2021/0186346 A1, hereinafter Nakamura) in view of Simon et al. (US 2003/0223622 A1, hereinafter Simon).
Regarding claims 1 and 6, Nakamura discloses a pulse wave estimation device (and a corresponding pulse wave estimation method) comprising: processing circuitry (see, e.g., Abstract, and Para. [0010-0012], and Para. [0091-0092]) configured to:
acquire an image in which a person is photographed under near-infrared light (see, e.g., Para. [0119], “the image data is described as a grayscale image, but the image data is not limited thereto. For example, an RGB image may be used as image data. Furthermore, the grayscale image described above may be image data obtained by an image capturing device capable of receiving near-infrared light (for example, light having a wavelength of 850 nm, 940 nm, etc.). In such a case, the pulse-wave estimating device 100 according to the first embodiment can estimate a pulse wave even at night by illuminating the subject and capturing an image of the subject with an illumination device of near-infrared light used”);
detect a skin area from the image, the skin area being a position of skin of the person (see, e.g., Para. [0095], “The skin-region detecting unit 110 first detects a skin region of the subject from the frames Im(k) provided as input information from the image capturing device described below and generates skin region information S(k) indicating the detected skin region (step S10). The generated skin region information S(k) is provided to the measurement-region setting unit 120”, and Para. [0037-0040]);
set a plurality of measurement areas in the skin area, the plurality of measurement areas being areas for measuring luminance of the skin of the person (see, e.g., Para. [0096], “The measurement-region setting unit 120 then receives the frames Im(k) and the skin region information S(k), sets multiple measurement regions ri(k) for extracting pulse wave signals from the skin region indicated by the skin region information S(k), and generates measurement region information R(k) indicating the set measurement regions ri(k) (step S11). The generated measurement region information R(k) is provided to the pulse-wave source signal extracting unit 130”, and Para. [0044-0060]);
specify a first point and a second point in one of the plurality of measurement areas in a direction in which a pulse wave of the person is propagated in the image (see, e.g., Para. [0044-0060], particularly Para. [0058], “The measurement-region setting unit 120 then generates information including the coordinates of the four vertices of the respective measurement regions ri(k) as measurement region information R(k) and provides the measurement region information R(k) to the pulse-wave source signal extracting unit 130”);
generate a first pulse wave source signal by combining the first luminance signal and the second luminance signal; generate a second pulse wave source signal by combining the third luminance signal and the fourth luminance signal; generate a pulse wave signal indicating the pulse wave of the person by subtracting one of the first pulse wave source signal and the second pulse wave source signal from the other (see, e.g., Para. [0061], “Referring back to FIG. 1, the pulse-wave source signal extracting unit 130 receives the frames Im(k) and the measurement region information R(k), extracts pulse-wave source signals each of which indicates a change in the luminance during a time period corresponding to the number of frames Tp included in a predetermined time period from each of the measurement regions ri(k) indicated by the measurement region information R(k) and generates pulse-wave source signal information W(t) indicating the extracted pulse-wave source signals. Note that the pulse-wave source signals are source signals of a pulse wave. The generated pulse-wave source signal information W(t) is provided to the phase-coincidence-degree calculating unit 140 and the pulse-wave estimating unit 150”, and Para. [0063], “For the extraction, the pulse-wave source signal extracting unit 130 calculates luminance feature amounts Gi(j) (j=k−Tp+1, k−Tp+2 . . . , k) of the respective measurement regions ri(k) for the respective frames Im(k). The luminance feature amounts Gi(j) are values calculated on the basis of luminance values in the respective measurement regions ri(j) in the respective frames Im(j) and, for example, are each an average or variance of the luminance values of pixels included in each of the measurement regions ri(j). Here, the luminance feature amount Gi(j) will be described as an average of the luminance values of pixels included in each measurement region ri(j). The luminance feature amounts Gi(j) calculated for the respective frames Im(k) and chronologically arranged are defined as a pulse-wave source signal wi(t). That is, pulse-wave source signal wi(t)=[Gi(k−Tp+1), Gi(k−Tp+2) . . . , Gi(k)]”, and Para. [0064], “The pulse-wave source signal extracting unit 130 then generates pulse-wave source signal information W(t) by putting together the pulse-wave source signals wi(t) of the respective measurement regions ri(k). The generated pulse-wave source signal information W(t) is provided to the phase-coincidence-degree calculating unit 140 and the pulse-wave estimating unit 150”, and Para. [0097]); and
estimate the pulse wave of the person on a basis of the pulse wave signal (see, e.g., Para. [0089-0090], and Para. [0099], “The pulse-wave estimating unit 150 then estimates a pulse wave on the basis of the pulse-wave source signal information W(t) and the phase coincidence degree information C(t) and outputs a pulse-wave estimation result P(t) indicating the estimated pulse wave (step S14)”).
Nakamura does not specifically disclose: for a first distribution and a second distribution having mutually different correspondence relationships between a position on coordinates and a magnitude of weighting specified by the position on the coordinates, generate a first luminance signal indicating luminance weighted by the first distribution at the first point and a second luminance signal indicating luminance weighted by the first distribution at the second point by superimposing the luminance of the first point and the luminance of the second point on the first distribution; and generate a third luminance signal indicating luminance weighted by the second distribution at the first point and a fourth luminance signal indicating luminance weighted by the second distribution at the second point by superimposing the luminance of the first point and the luminance of the second point on the second distribution.
However, in the same field of endeavor of image processing, Simon discloses: for a first distribution and a second distribution having mutually different correspondence relationships between a position on coordinates and a magnitude of weighting specified by the position on the coordinates, generate a first luminance signal indicating luminance weighted by the first distribution at the first point and a second luminance signal indicating luminance weighted by the first distribution at the second point by superimposing the luminance of the first point and the luminance of the second point on the first distribution; and generate a third luminance signal indicating luminance weighted by the second distribution at the first point and a fourth luminance signal indicating luminance weighted by the second distribution at the second point by superimposing the luminance of the first point and the luminance of the second point on the second distribution (see, e.g., Para. [0062], “In photographs, the skin imperfections such as wrinkles, blemishes, etc manifest themselves as (are really just) highlights and shadows in places where they should not be. The skin imperfections thus correspond to local intensity maxima and minima. The highlights correspond to peaks and the shadows correspond to valleys in the luminance image. In a departure from the prior art, and according to a preferred embodiment of the current invention, skin imperfections are detected by applying peak and valley detectors to the luminance image formed from the component RGB signals. Valley/peak detectors are second difference operators. The luminance is defined as a weighted linear combination of the red R, green G, and blue B signals, as follows, L=k1R+k2G+k3B (EQ.2)” (emphasis added), where at least 2 different weighted luminance signals (i.e. weighted red and weighted green, etc.) can be combined).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the pulse wave estimation device and the pulse wave estimation method of Nakamura by including: for a first distribution and a second distribution having mutually different correspondence relationships between a position on coordinates and a magnitude of weighting specified by the position on the coordinates, generate a first luminance signal indicating luminance weighted by the first distribution at the first point and a second luminance signal indicating luminance weighted by the first distribution at the second point by superimposing the luminance of the first point and the luminance of the second point on the first distribution; and generate a third luminance signal indicating luminance weighted by the second distribution at the first point and a fourth luminance signal indicating luminance weighted by the second distribution at the second point by superimposing the luminance of the first point and the luminance of the second point on the second distribution, as disclosed by Simon. One of ordinary skill in the art would have been motivated to make this modification in order to desirably define the luminance signal(s), as recognized by Simon (see, e.g., Para. [0062]).
Regarding claims 2 and 7, Nakamura modified by Simon discloses the pulse wave estimation device according to claim 1 and the pulse wave estimation method according to claim 6, respectively, as set forth above. Nakamura further discloses wherein the processing circuitry is further configured to: generate one averaged pulse wave signal by averaging a plurality of pulse wave signals generated in the plurality of measurement areas; and estimate the pulse wave of the person on a basis of the one averaged pulse wave signal (see, e.g., Para. [0063], “For the extraction, the pulse-wave source signal extracting unit 130 calculates luminance feature amounts Gi(j) (j=k−Tp+1, k−Tp+2 . . . , k) of the respective measurement regions ri(k) for the respective frames Im(k). The luminance feature amounts Gi(j) are values calculated on the basis of luminance values in the respective measurement regions ri(j) in the respective frames Im(j) and, for example, are each an average or variance of the luminance values of pixels included in each of the measurement regions ri(j). Here, the luminance feature amount Gi(j) will be described as an average of the luminance values of pixels included in each measurement region ri(j). The luminance feature amounts Gi(j) calculated for the respective frames Im(k) and chronologically arranged are defined as a pulse-wave source signal wi(t). That is, pulse-wave source signal wi(t)=[Gi(k−Tp+1), Gi(k−Tp+2) . . . , Gi(k)]”, and Para. [0064], “The pulse-wave source signal extracting unit 130 then generates pulse-wave source signal information W(t) by putting together the pulse-wave source signals wi(t) of the respective measurement regions ri(k). The generated pulse-wave source signal information W(t) is provided to the phase-coincidence-degree calculating unit 140 and the pulse-wave estimating unit 150”).
Regarding claims 3 and 8, Nakamura modified by Simon discloses the pulse wave estimation device according to claim 1 and the pulse wave estimation method according to claim 6, respectively, as set forth above. Nakamura further discloses wherein the processing circuitry generates the pulse wave signal by: calculating a coefficient for adjusting the second pulse wave source signal in such a manner that a signal component for estimating the pulse wave of the person remains in the pulse wave signal after subtracting the second pulse wave source signal from the first pulse wave source signal; multiplying the second pulse wave source signal by the coefficient; and subtracting a product of the multiplication from the first pulse wave source signal (see, e.g., Para. [0069], “The phase-coincidence-degree calculating unit 140 receives the pulse-wave source signal information W(t), calculates phase coincidence degrees each indicating the degree of phase coincidence of the phases of multiple base components corresponding to each other in the pulse-wave source signal information W(t), and generates phase coincidence degree information C(t) indicating the degrees of phase coincidence of the respective base components. The phase coincidence degree information C(t) is provided to the pulse-wave estimating unit 150. Since the phase is an attribute of the base component, it can be said that the degree of phase coincidence is the degree of attribute coincidence, and the phase coincidence degree is the attribute coincidence degree. Therefore, the phase-coincidence-degree calculating unit 140 can also be regarded as an attribute-coincidence-degree calculation unit”, and Para. [0070], “Specifically, the phase-coincidence-degree calculating unit 140 selects a pair consisting of two pulse-wave source signals from the multiple pulse-wave source signals indicated by the pulse-wave source signal information W(t). Here, the two pulse-wave source signals of the selected pair are referred to as a first pulse-wave source signal and a second pulse-wave source signal. The phase-coincidence-degree calculating unit 140 calculates, between the respective base components constituting the first pulse-wave source signal and the respective base components constituting the second pulse-wave source signal, multiple coincidence degrees indicating the degrees of phase coincidence of corresponding base components. The phase-coincidence-degree calculating unit 140 then specifies multiple attribute coincidence degrees in accordance with the calculated coincidence degrees. Here, the respective attribute coincidence degrees correspond to the respective base components”).
Regarding claims 4 and 9, Nakamura modified by Simon discloses the pulse wave estimation device according to claim 1 and the pulse wave estimation method according to claim 6, respectively, as set forth above. Nakamura further discloses wherein the processing circuitry is further configured to: set, as the plurality of measurement areas, the one measurement area and another measurement area having a common reference position on coordinates with the one measurement area, the other measurement area being wider or narrower than the one measurement area, the other measurement area allowing the one measurement area and the other measurement area to share a correspondence relationship between a position on the coordinates and a magnitude of weighting specified by the position on coordinates; specify a third point and a fourth point in the other measurement area in a direction in which the pulse wave of the person is propagated, a distance between the third point and the fourth point being longer or shorter than a distance between the first point and the second point (see, e.g., Para. [0096], “The measurement-region setting unit 120 then receives the frames Im(k) and the skin region information S(k), sets multiple measurement regions ri(k) for extracting pulse wave signals from the skin region indicated by the skin region information S(k), and generates measurement region information R(k) indicating the set measurement regions ri(k) (step S11). The generated measurement region information R(k) is provided to the pulse-wave source signal extracting unit 130”, and Para. [0044-0060], particularly Para. [0049], “The measurement-region setting unit 120 then sets the vertex coordinates of the quadrilateral of each measurement region ri(k) with reference to the detected landmarks. For example, the measurement-region setting unit 120 sets the vertex coordinates of quadrilaterals as illustrated in FIG. 2C to set Rn measurement regions ri(k). Here, for example, the number of measurement regions Rn is 12” and Para. [0058], “The measurement-region setting unit 120 then generates information including the coordinates of the four vertices of the respective measurement regions ri(k) as measurement region information R(k) and provides the measurement region information R(k) to the pulse-wave source signal extracting unit 130”); and output a first luminance signal indicating luminance of the first point in the one measurement area, a second luminance signal indicating luminance of the second point in the one measurement area, a third luminance signal indicating luminance of the third point in the other measurement area, and a fourth luminance signal indicating luminance of the fourth point in the other measurement area, instead of generating the first luminance signal, the second luminance signal, the third luminance signal, and the fourth luminance signal using the first distribution and the second distribution (see, e.g., Para. [0061], “Referring back to FIG. 1, the pulse-wave source signal extracting unit 130 receives the frames Im(k) and the measurement region information R(k), extracts pulse-wave source signals each of which indicates a change in the luminance during a time period corresponding to the number of frames Tp included in a predetermined time period from each of the measurement regions ri(k) indicated by the measurement region information R(k) and generates pulse-wave source signal information W(t) indicating the extracted pulse-wave source signals. Note that the pulse-wave source signals are source signals of a pulse wave. The generated pulse-wave source signal information W(t) is provided to the phase-coincidence-degree calculating unit 140 and the pulse-wave estimating unit 150”, and Para. [0063], “For the extraction, the pulse-wave source signal extracting unit 130 calculates luminance feature amounts Gi(j) (j=k−Tp+1, k−Tp+2 . . . , k) of the respective measurement regions ri(k) for the respective frames Im(k). The luminance feature amounts Gi(j) are values calculated on the basis of luminance values in the respective measurement regions ri(j) in the respective frames Im(j) and, for example, are each an average or variance of the luminance values of pixels included in each of the measurement regions ri(j). Here, the luminance feature amount Gi(j) will be described as an average of the luminance values of pixels included in each measurement region ri(j). The luminance feature amounts Gi(j) calculated for the respective frames Im(k) and chronologically arranged are defined as a pulse-wave source signal wi(t). That is, pulse-wave source signal wi(t)=[Gi(k−Tp+1), Gi(k−Tp+2) . . . , Gi(k)]”, and Para. [0064], “The pulse-wave source signal extracting unit 130 then generates pulse-wave source signal information W(t) by putting together the pulse-wave source signals wi(t) of the respective measurement regions ri(k). The generated pulse-wave source signal information W(t) is provided to the phase-coincidence-degree calculating unit 140 and the pulse-wave estimating unit 150”, and Para. [0097]).
Regarding claims 5 and 10, Nakamura modified by Simon discloses the pulse wave estimation device according to claim 1 and the pulse wave estimation method according to claim 6, respectively, as set forth above. Nakamura further discloses a state estimation system (and a corresponding state estimation method) comprising: the pulse wave estimation device according to claim 1; and a state estimation device to estimate a state of the person on a basis of a pulse wave output from the pulse wave estimation device (see, e.g., Para. [0002], “It is important to manage and maintain the health of subjects in their daily lives. In particular, the management and maintenance of the health of drivers while they are driving vehicles in their daily lives are especially important for accident prevention. In managing and maintaining the health of drivers, it is effective to constantly acquire biological information, such as heart rate, heart rate variability, respiratory rate, and sweating”, and Para. [0005], “As a technique of estimating a pulse wave in a non-contact manner without imposing a burden on a subject, there is, for example, a technique of capturing an image of the face of the subject with a camera and estimating a pulse wave from a small luminance change in the surface of the face of the subject […] a pulse rate is estimated from the peak of the frequency power spectrum of the combined pulse waves”, and Para. [0089], “Referring back to FIG. 1, the pulse-wave estimating unit 150 estimates a pulse wave on the basis of the pulse-wave source signal information W(t) and the phase coincidence degree information C(t) and outputs a pulse-wave estimation result P(t) that is pulse wave information indicating the estimated pulse wave. Pulse wave information may be, for example, time-series data of an estimated pulse wave or pulse rate. For simplification purposes, the pulse wave information is assumed to indicate pulse rate (pulses per minute)” (emphasis added)).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Tamura (US 2008/0181597 A1), Tsuruoka (US 2008/0085062 A1), Wang et al. (US 2020/0178809 A1), Hasegawa Hajime / Mitsubishi Electric Corp. (JP 2018-197910 A), and Ishii Tomoyuki / Hitachi, LTD. (WO 2016/163019 A1) are each in the same field of endeavor of image processing.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAYLOR DEUTSCH whose telephone number is (571)272-0157. The examiner can normally be reached Monday-Friday 9am-5pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, PASCAL BUI-PHO can be reached at (571)272-2714. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/T.D./Examiner, Art Unit 3798
Prosecution Insights