DETAILED ACTION
Status
This Final Office Action is in response to the communication filed on 22 June 2026. No claims have been cancelled, claims 1-15 have been amended, and no new claims have been added. Therefore, claims 1-15 are pending and presented for examination.
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
A summary of the Examiner’s Response to Applicant’s amendment:
Applicant’s amendment overcomes the rejection(s) under 35 USC § 112; therefore, the Examiner withdraws the rejection(s).
The Examiner notes some edit marking errors or inconsistencies (see the objections below); however, since they have been noticed by the Examiner, the incorrect edit markings are being considered a typographical error and entered as an effective amendment – arriving at the phrasing of the amendment.
Claim Objections
Claim 1 is objected to because of the following informalities: the edit marking is incorrect – previous phrasing of “in a case where the medical mode is ON” (at the “a control unit” element) is indicated for amending as “in a case where the processor determines that the medical mode is ON”. Therefore, the term “where” is marked as an addition when it was previously present, and the term “that” is added without any edit marking. Appropriate correction is required.
Examiner’s Note
The Examiner notes that the term “specific information” is used at the claims, where for clarity on the record, the specification only indicates this as, e.g., patient information (at original claim 2 and Applicant ¶ 0003, as submitted and published), medical information (at Applicant ¶ 0221 as submitted, 0229 as published), photographer information (at original claim 2, and as medical information at Applicant ¶ 0070), and/or an area (at original claim 2, and as medical information at Applicant ¶ 0070), that is associated with/to the image.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Please see the following Subject Matter Eligibility (“SME”) analysis:
For analysis under SME Step 1, the claims herein are directed to an apparatus (claims 1-13), method (claim 14), and non-transitory computer-readable storage medium (claim 15), which would be classified under one of the listed statutory classifications (SME Step 1=Yes).
For analysis under revised SME Step 2A, Prong 1, independent claim 1 recites an image capturing apparatus including an image sensor for capturing at least one medical image of a patient, comprising: a computer processor executing computer instructions stored in computer memory, causing the image capturing apparatus to operate as: a switching unit configured to switch between ON and OFF of a medical mode of the image capturing apparatus, wherein the medical mode is an operation mode of the image apparatus for shooting and capturing the at least one medical image; a setting unit configured to set specific information; an association unit configured to automatically associate the set specific information with an image that has been shot using the image sensor; and a control unit configured to perform, in a case where the processor determines that the medical mode is ON, control to
in a case where the specific information has not been set, automatically cause the image capturing apparatus to transition to a power saving state when a state where a user has not operated the image capturing apparatus has continued for a predetermined time period, and
in a case where the specific information has been set, when determined by the processor that the medical mode is ON, disable the image capturing apparatus from transition to the power saving state even if the state where the user has not operated the image capturing apparatus has continued for the predetermined time period.
Independent claims 14 and 15 are analyzed similarly to claim 1 since claim 14 is directed to a method comprised of performing the same or similar activities as at claim 1, and claim 15 is directed to a non-transitory computer-readable storage medium which stores a program for causing an image capturing apparatus including an image capturing unit to execute a control method comprising the same or similar activities as at claim 1.
The dependent claims (claims 2-13) appear to be encompassed by the abstract idea of the independent claims since they merely indicate the activities of independent claim 1 as performed by a communication unit and reception unit to receive the specific information from an external system (at claims 2-3), a transmission unit to transmit to the external system (claim 4), a first detection unit communicating via the communication unit to enable selection from a first patient to a second patient and the specific information is canceled upon switching patients (claim 5), a second detection unit communicating via the communication unit to detect an end of office/operating hours for imaging, thereby canceling the specific information (claim 6), a judgment unit communicating via the communication unit to judge “whether a time period to a starting time of medical practice for a next patient is shorter than a threshold” and default to a non-power saving state when no specific information has been set (claim 7), transitioning to the power saving state includes stopping communication with the communication unit (claim 8), “wherein the setting unit cancels the setting of the specific information when the user has issued an instruction for ending shooting” (claim 9), “the setting unit sets the specific information in a case where the medical mode is ON” and cancels setting of specific information when OFF (claim 10), canceling setting of the specific information when the user has issued an instruction for turning OFF a power source of the image capturing apparatus. (claim 11), when specific information has been set, the control unit prompts the user to select whether to end shooting when there is no operation for a period of time and cancels setting specific information when the user has selected to end shooting (claim 12), and/or a changing unit to change the predetermined time period, and when specific information has been set, changes to the predetermined time period are prohibited (claim 13).
The underlined portions of the claims are an indication of elements additional to the abstract idea (to be considered below).
The claim elements may be summarized as the idea of setting rules according to an operation mode of an image capture device for a power saving state; however, the Examiner notes that although this summary of the claims is provided, the analysis regarding subject matter eligibility considers the entirety of the claim elements, both individually and as a whole (or ordered combination). This idea is within the following grouping(s) of subject matter:
Certain methods of organizing human activity (e.g. … commercial or legal interactions such as … business relations; and/or managing personal behavior or relationships between people such as social activities, teaching, and following rules or instructions) – based at least on humans being able to follow the rules or constraints on when power saving is instituted, especially in light of original dependent claims 2 and 8 indicating that the specific information is information a human could enter and the power saving is merely stopping a communication operation; and
Mental processes (e.g., concepts performed in the human mind such as observation, evaluation, judgment, and/or opinion) – based at least on the observation, evaluation, and/or judgment regarding the specific information, time period, threshold[s], user selections, etc.
Therefore, the claims are found to be directed to an abstract idea.
The Examiner notes that per Applicant’s Background (at Applicant ¶¶ 0003-0006 (as submitted and published), the camera associating specific information is known (see 0003) and including with a power saving state that can be turned on and off (see 0004 and 0006). Based on the background and claims, the “invention” herein is merely that a “medical mode” turns the power saving state on or off. The Examiner considers certain methods of organizing human activity as the abstract idea grouping since it appears a person can select the setting; therefore, this is at least managing personal behavior.
For analysis under revised SME Step 2A, Prong 2, the above judicial exception is not integrated into a practical application because the additional elements do not impose a meaningful limit on the judicial exception when evaluated individually and as a combination. The additional elements are an image capturing apparatus including an image sensor for capturing at least one medical image of a patient, comprising: a computer processor executing computer instructions stored in computer memory, causing the image capturing apparatus to operate as: a switching unit configured to switch, a setting unit configured to set specific information; an association unit configured to automatically associate specific information, using the image sensor; and a control unit configured to perform activities with the processor (at claim 1), claim 14 reciting additional elements as encompassed by claim 1, and claim 15 reciting a non-transitory computer-readable storage medium which stores a program for causing an image capturing apparatus including an image capturing unit to execute a control method comprising. These additional elements do not reflect an improvement in the functioning of a computer or an improvement to other technology or technical field, effect a particular treatment or prophylaxis for a disease or medical condition (there is no medical disease or condition, much less a treatment or prophylaxis for one), implement the judicial exception with, or by using in conjunction with, a particular machine or manufacture that is integral to the claim, effect a transformation or reduction of a particular article to a different state or thing (there is no transformation/reduction of a physical article), and/or apply or use the judicial exception in some other meaningful way beyond generically linking use of the judicial exception to a particular technological environment.
The claims appear to merely apply the judicial exception, include instructions to implement an abstract idea on a computer, or merely use a computer as a tool to perform the abstract idea. The additional elements appear to merely add insignificant extra-solution activity to the judicial exception and/or generally link the use of the judicial exception to a particular technological environment or field of use.
For analysis under SME Step 2B, the claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements, as indicated above, are merely “[a]dding the words ‘apply it’ (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, e.g., a limitation indicating that a particular function such as creating and maintaining electronic records is performed by a computer, as discussed in Alice Corp.” that MPEP § 2106.05(I)(A) indicates to be insignificant activity. The specification appears to indicate that the “units” are merely software or programming that enact the rules or constraints regarding when a power saving state transition is performed – i.e., when communication is stopped (per original dependent claim 8).
There is no indication the Examiner can find in the record regarding any specialized computer hardware or other “inventive” components, but rather, the claims merely indicate computer components which appear to be generic components and therefore do not satisfy an inventive concept that would constitute “significantly more” with respect to eligibility. Applicant ¶ 0226 (as submitted, 0234 as published) indicates that “although the present embodiment has been described using an exemplary case where the digital camera 100 is used as an image capturing apparatus, any device can be used as an image capturing apparatus of the present embodiment as long as it is a device including image capturing means. That is to say, the present embodiment is applicable to a mobile terminal like a smartphone, a personal computer, a PDA, a mobile telephone terminal, a mobile image viewer, a display-equipped printer apparatus, a digital photo frame, a music player, a game device, an electronic book reader, and so forth”, and Applicant ¶ 0228 (as submitted, 0236 as published) further indicates a general or generic computer.
The individual elements therefore do not appear to offer any significance beyond the application of the abstract idea itself, and there does not appear to be any additional benefit or significance indicated by the ordered combination, i.e., there does not appear to be any synergy or special import to the claim as a whole other than the application of the idea itself.
The dependent claims, as indicated above, appear encompassed by the abstract idea since they merely limit the idea itself; therefore the dependent claims do not add significantly more than the idea.
Therefore, SME Step 2B=No, any additional elements, whether taken individually or as an ordered whole in combination, do not amount to significantly more than the abstract idea, including analysis of the dependent claims.
Please see the Subject Matter Eligibility (SME) guidance and instruction materials at https://www.uspto.gov/patent/laws-and-regulations/examination-policy/subject-matter-eligibility, which includes the latest guidance, memoranda, and update(s) for further information.
NOTICE
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.
Claim Rejections - 35 USC § 103
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.
Claims 1-4 and 8-15 are rejected under 35 U.S.C. 103 as being unpatentable over Bennett et al. (U.S. Patent Application Publication No. 2011/0190595, hereinafter Bennett) in view of Lee et al. (U.S. Patent Application Publication No. 2014/0043498, hereinafter Lee).
Claim 1: Bennet discloses an image capturing apparatus including an image sensor for capturing at least one medical image of a patient (see Bennett at least at, e.g., ¶¶ 0193, “an image capture mode of operation”, “a camera mode of operation, an image capture mode of operation for capturing images of the cervix or other vaginal anatomical structure in one, two and or three dimensions”; citation hereafter by number only), comprising:
a computer processor executing computer instructions stored in computer memory, causing the image capturing apparatus to operate as (0086, “firmware and program & operational logic codes 483 allow the intravaginal monitoring device 411 to perform in accordance with specific logic, in one variant, that includes: (a) Receiving and/or executing instructions”)
a switching unit configured to switch between ON and OFF of a medical mode of the image capturing apparatus, wherein the medical mode is an operation mode of the image apparatus for shooting and capturing the at least one medical image (0193, “an image capture mode of operation”, “a camera mode of operation, an image capture mode of operation for capturing images of the cervix or other vaginal anatomical structure in one, two and or three dimensions”, 0148, “(a) Receiving and/or executing instructions, in case of wearable intravaginal monitoring device 1911, as to when to switch on and off functionality on the device, when and at what points in time to take images/video clips/sensor data, and at what interval they should be taken; (b) Receiving and/or executing instructions to vibrate/beep, and then, switch off and transfer data to an external device or external servers (such as after enough data to make diagnosis has been taken and it is time to switch off until some other time or in emergency situations such as sometime before delivery of a baby); (c) Receiving and/or executing instructions that involves exceeding limits in cases of sensor data; and/or (d) Monitoring the battery operations”) ;
a setting unit configured to set specific information (0142, “registering and/or authenticating by a patient and/or healthcare professional”, 0144, “receives request for permission from the patient for healthcare professional's viewing of image/video captured/sensor data. At the block 1831, the support server receives request for permission from the patient for a remote healthcare professional's viewing of image/video captured/sensor data”);
an association unit configured to automatically associate the set specific information with an image that has been shot using the image sensor (0094, “the supporting server may be bypassed and the intravaginal monitoring device may directly interact with supporting personal computing devices or medical support computing system/devices”, 0140, “the intravaginal monitoring device selects a preprogrammed checkup code (possibly, chosen by the healthcare professional) from a list of checkup and treatment codes. At a next block 1719, the intravaginal monitoring device captures and stores image/video clips/sensor data as per the preprogrammed code…. For example, data from a patient is communicated the device to a physician's computer or mobile phone. The physician opens the file containing the data and spends 10 minutes reviewing the data, and annotating notes to the file”, 0144, “receives request for permission from the patient for healthcare professional's viewing of image/video captured/sensor data. At the block 1831, the support server receives request for permission from the patient for a remote healthcare professional's viewing of image/video captured/sensor data”); and
a control unit configured to perform, in a case where the processor determines that the medical mode is ON, control to in a case where the specific information has not been set, automatically cause the image capturing apparatus to transition to a power saving state when a state where a user has not operated the image capturing apparatus has continued for a predetermined time period (0148, “(a) Receiving and/or executing instructions, in case of wearable intravaginal monitoring device 1911, as to when to switch on and off functionality on the device, when and at what points in time to take images/video clips/sensor data, and at what interval they should be taken; (b) Receiving and/or executing instructions to vibrate/beep, and then, switch off and transfer data to an external device or external servers (such as after enough data to make diagnosis has been taken and it is time to switch off until some other time or in emergency situations such as sometime before delivery of a baby); (c) Receiving and/or executing instructions that involves exceeding limits in cases of sensor data; and/or (d) Monitoring the battery operations”, 0123, “the components within the hermetically sealed rubber cap/bulb/stem also include processing circuitry 1375 and memory 1377, communication interfaces 1343 (that include wired 1341 and wireless 1333 interfaces), and power management circuitry 1363 (that includes power regulator circuitry 1365 and batteries of various types)”, 0155, “the IMD 1911 begins operating in the independent mode. During such independent operations, an external control signal is received via the communication interface 1947. In response to the receipt, the IMD 1911 enters a controlled mode to carry out the underlying task. After such task is completed, the IMD 1911 returns to the independent mode to continue locally directed operations. Alternatively, the IMD 1911 can be placed in a slave mode wherein no functionality is performed without direction from externally originating control signals. That is, the IMD 1911 can wait (e.g., in a low power, idle state) for external control signals. Upon receipt, underlying procedures are carried out and, once completed, the IMD 1911 returns to the idles state awaiting further instructions (i.e., awaiting further control signals from an external supporting device)” – indicating no specific information is set and power save is used), and
Bennett, however, does not appear to explicitly disclose in a case where the specific information has been set, when determined by the processor that the medical mode is ON, disable the image capturing apparatus to transition to the power saving state even if the state where the user has not operated the image capturing apparatus has continued for the predetermined time period. Lee, though, teaches “controlling a power saving mode of an electronic device having a camera and a display unit” (Lee at 0013), where “it is possible to automatically control the power saving and/or sleeping mode of a device by recognizing user's face based on a corrected pattern detection” (Lee at 0015, as specific information such as user information related to a photographer), and “the mode change program 151 may have a routine for starting a timer when a specific user function linked to an automatic power saving function is activated, a routine for driving the camera 170 after the timer is started”. The Examiner notes that there are only two apparently possible settings to be used for the user-specific power saver settings indicated in Lee – that the power saving mode is entered, or that the power saving mode is not entered. Although Lee apparently describes entering the power saving mode, that choice is one of only two options available as indicated above. Therefore, the Examiner understands and finds that to not transition to power saving when specific information has been set is obvious to try since choosing from a finite number of identified, predictable solutions with a reasonable expectation of success, where causing control of an image capturing device when specific information has been set is applying a known technique to a known device, method, or product ready for improvement to yield predictable results so as to allow power saving, but override the default power saving transition when a particular user is identified (as specific information) in order to generally save power or battery life, but still allow continued operations for delays a particular operator anticipates or experiences.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine or modify the power saving camera mode of Bennett with the user identification power saving transition of Lee in order to not transition to power saving when specific information has been set where causing control of an image capturing device when specific information has been set so as to allow power saving, but override the default power saving transition when a particular user is identified (as specific information) in order to generally save power or battery life, but still allow continued operations for delays a particular operator anticipates or experiences.
The rationale for combining in this manner is that to not transition to power saving when specific information has been set is obvious to try since choosing from a finite number of identified, predictable solutions with a reasonable expectation of success, where causing control of an image capturing device when specific information has been set is applying a known technique to a known device, method, or product ready for improvement to yield predictable results so as to allow power saving, but override the default power saving transition when a particular user is identified (as specific information) in order to generally save power or battery life, but still allow continued operations for delays a particular operator anticipates or experiences as explained above.
Claim 2: Bennett in view of Lee discloses the image capturing apparatus according to claim 1, wherein the at least one medical image is a medical image of a first patient (Bennett at 0148, 0193, as above), and the specific information includes at least one of information related to the first patient, information related to a photographer (Lee at 0015, as combined above and using the rationale as at the combination above), and information related to a shooting target area of the first patient.
Claim 3: Bennett in view of Lee discloses the image capturing apparatus according to claim 2, wherein the computer processor further performs computer instructions stored in computer memory that cause the image capturing apparatus to operate as:
a communication unit (Bennett at 0043, “his communication occurs via wired/wireless communication pathways 151 that may easily include point-to-point 153, WLAN (Wireless Local Area Network) 155, WWAN (Wireless Wide Area Network) 157, and Internet 159”); and
a reception unit configured to receive the specific information from an external system via the communication unit (Bennett at 0043, “his communication occurs via wired/wireless communication pathways 151 that may easily include point-to-point 153, WLAN (Wireless Local Area Network) 155, WWAN (Wireless Wide Area Network) 157, and Internet 159”; Lee at 0015, as combined above and using the rationale as at the combination above).
Claim 4: Bennett in view of Lee discloses the image capturing apparatus according to claim 3, wherein the computer processor further performs computer instructions stored in computer memory that cause the image capturing apparatus to operate as: a transmission unit configured to transmit, to the external system, the image with which the set specific information has been associated (Bennett at 0073, “the intravaginal monitoring device 105 may transmit the captured images/video clips/sensor data to the supporting server”).
Claim 8: Bennett in view of Lee discloses the image capturing apparatus according to claim 3, wherein causing the image capturing apparatus to transition to the power saving state includes executing computer instructions that cause stopping a communication operation of the communication unit (Bennet at 0128, 0143).
Claim 9: Bennett in view of Lee discloses the image capturing apparatus according to claim 1, wherein the setting unit cancels the setting of the specific information when the processor determines that the user has issued an instruction for ending shooting (Bennett at 0144, “receives request for permission from the patient for healthcare professional's viewing of image/video captured/sensor data. At the block 1831, the support server receives request for permission from the patient for a remote healthcare professional's viewing of image/video captured/sensor data” – the specific information must be canceled when shooting ends or the information would be associated to the next/other patient of whom an image is taken).
Claim 10: Bennett in view of Lee discloses the image capturing apparatus according to claim 1, wherein: the setting unit sets the specific information in a case where the medical mode is ON, and cancels the setting of the specific information when the medical mode has been switched from ON to OFF (Bennett at 0045, “communication, alternatively, may also be initiated by the intravaginal monitoring device 105 …upon switching off the intravaginal monitoring device …, and upon communication button press (if there exists one) by the user” – when communication is done, the specific information must be canceled since it would otherwise be associated to the next/other patient of whom an image is taken).
Claim 11: Bennett in view of Lee discloses the image capturing apparatus according to claim 1, wherein the setting unit cancels the setting of the specific information when the processor determines that the user has issued an instruction for turning OFF a power source of the image capturing apparatus (Bennett at 0045, “communication, alternatively, may also be initiated by the intravaginal monitoring device 105 …upon switching off the intravaginal monitoring device …, and upon communication button press (if there exists one) by the user”).
Claim 12: Bennett in view of Lee discloses the image capturing apparatus according to claim1, wherein in a case where the specific information has been set, the control unit provides a notification that prompts the user to select whether to end shooting when the state where the user has not operated the image capturing apparatus has continued for the predetermined time period, and the setting unit cancels the setting of the specific information in a case where the processor determines that the user has selected to end shooting in response to the notification (Lee at 0048, as combined above and using the rationale as at the combination above).
Claim 13: Bennett in view of Lee discloses the image capturing apparatus according to claim 1, wherein the computer processor further performs computer instructions stored in computer memory that cause the image capturing apparatus to operate as: a changing unit configured to change the predetermined time period, wherein in a case where the specific information has been set, the control unit performs control to prohibit changing of the predetermined time period (Lee at 0010, as combined above and using the rationale as at the combination above – the settings are maintained according to the human identification).
Claims 14 and 15 are rejected on the same basis as claim 1 above since Bennett in view of Lee discloses a control method executed by an image capturing apparatus including an image capturing unit, comprising the same or similar activities as at claim 1 above (for claim 14) and a non-transitory computer-readable storage medium which stores a program for causing an image capturing apparatus including an image capturing unit to execute a control method comprising the same or similar activities as at claim 1 above (for claim 15) (Bennett at 0083-0084, instruction communication feeds, 0086 and 0148, “Receiving and/or executing instructions”; Lee at 0080, “computer program instructions may also be stored in a computer usable or computer-readable memory that can direct a computer or other programmable data processing apparatus to function in a particular manner”).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Bennett in view of Lee and in further view of Barker (U.S. Patent Application Publication No. 2013/0085609).
Claim 5: Bennett in view of Lee discloses the image capturing apparatus according to claim 3, but does not appear to explicitly disclose wherein the computer processor further performs computer instructions stored in computer memory that cause the image capturing apparatus to operate as: a first detection unit configured to detect, by communicating with the external system via the communication unit, that a display target patient for whom an electronic medical record is to be displayed on an electronic medical record terminal included in the external system has been changed from the first patient to a second patient, wherein the setting unit cancels the setting of the specific information in response to detection of the change in the display target patient from the first patient to the second patient. Barker, though, teaches “By detecting the patient in the room, customized settings appropriate for that specific patient and/or type of patient are implemented without the need for manual control…. To save energy, the change in occupancy of a room is detected automatically, allowing automatic adjustment of the settings to a power savings mode”. Therefore, the Examiner understands and finds that to detect a patient change and cancel the specific information from the first patient is applying a known technique to a known device, method, or product ready for improvement to yield predictable results so as to allow power saving settings specific to the individual in order to save energy.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine or modify the power saving camera mode of Bennett in view of Lee with the patient identification and power saving settings of Barker in order to detect a patient change and cancel the specific information from the first patient so as to allow power saving settings specific to the individual in order to save energy.
The rationale for combining in this manner is that to detect a patient change and cancel the specific information from the first patient is applying a known technique to a known device, method, or product ready for improvement to yield predictable results so as to allow power saving settings specific to the individual in order to save energy as explained above.
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Bennett in view of Lee and in further view of Brown et al. (U.S. Patent Application Publication No. 2018/0039316, hereinafter Brown).
Claim 6: Bennett in view of Lee discloses the image capturing apparatus according to claim 3, but does not appear to explicitly disclose wherein the computer processor further performs computer instructions stored in computer memory that cause the image capturing apparatus to operate as: a second detection unit configured to detect, by communicating with the external system via the communication unit, an end of hours of medical practice in a medical facility that uses the image capturing apparatus, wherein the setting unit cancels the setting of the specific information in response to detection of the end of hours of medical practice. Brown, though, teaches “embodiments disclosed herein relate to power management in self-powered electronic devices, and, in particular, to predictive power management in self-powered electronic devices that include power saving features” (Brown at 0002) including “various self-powered devices (‘SPDs’)“ (Brown at 0048), “[t]he elements of the invention may form part or all of one or more devices, units, components, systems, machines and/or apparatuses. The devices may include, but are not limited to, … digital cameras, … medical equipment,” etc. (Brown at 0222), where “synchronization may be achieved by leaving the SPD's network interface receiver enabled long enough to receive several periodic transmissions. By observing the periodicity of the transmissions, the SPD may then enter a sleep state between the periodic transmissions, gradually increasing the length of the intervening sleep states until the duty cycle of the network interface is low enough to achieve the desired power savings but high enough to ensure sufficient probability of being awake during the periodic transmissions” (Brown at 0121), and “the step 808 may activate/deactivate one or more components, adjust the duty cycle and/or timing interval, adjust a voltage on the components or other power saving parameters (or rules)” (Brown at 0166), and “In an example of a security application used to detect intruders, the sensor node 102 may have a very different predicted power need than the same presence or proximity sensor node 102 used to optimize lighting and heating based on building or room usage. The security application may consume power when an office is closed. The lighting and heating application may need to be active during the scheduled office hours. The energy harvesting opportunities may also be different. The security application may need to store enough power during the day to last throughout the night. The office energy application may be able to harvest enough energy during the day to meet most needs. The transmission policies for the security application may be immediate during non-office hours. The transmission policy for the energy application may be daily or weekly” (Brown at 0190). Therefore, the Examiner understands and finds that to detect office hours to invoke power saving is applying a known technique to a known device, method, or product ready for improvement to yield predictable results so as to employ power saving based on usage.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine or modify the power saving camera mode of Bennett in view of Lee with the office hours power savings of Brown in order to detect office hours to invoke power saving so as to employ power saving based on usage.
The rationale for combining in this manner is that to detect office hours to invoke power saving is applying a known technique to a known device, method, or product ready for improvement to yield predictable results so as to employ power saving based on usage as explained above.
Claim 7: Bennett in view of Lee discloses the image capturing apparatus according to claim 3, but does not appear to explicitly disclose wherein the computer processor further performs computer instructions stored in computer memory that cause the image capturing apparatus to operate as: a judgment unit configured to judge, by communicating with the external system via the communication unit, whether a time period to a starting time of medical practice for a next patient is shorter than a threshold, wherein even in a case where the specific information has not been set, if the time period to the starting time of the medical practice for the next patient is shorter than the threshold, the control unit performs control so as not to cause the image capturing apparatus to transition to the power saving state even if the state where the user has not operated the image capturing apparatus has continued for the predetermined time period. Brown, though, teaches “embodiments disclosed herein relate to power management in self-powered electronic devices, and, in particular, to predictive power management in self-powered electronic devices that include power saving features” (Brown at 0002) including “various self-powered devices (‘SPDs’)“ (Brown at 0048), “[t]he elements of the invention may form part or all of one or more devices, units, components, systems, machines and/or apparatuses. The devices may include, but are not limited to, … digital cameras, … medical equipment,” etc. (Brown at 0222), where “synchronization may be achieved by leaving the SPD's network interface receiver enabled long enough to receive several periodic transmissions. By observing the periodicity of the transmissions, the SPD may then enter a sleep state between the periodic transmissions, gradually increasing the length of the intervening sleep states until the duty cycle of the network interface is low enough to achieve the desired power savings but high enough to ensure sufficient probability of being awake during the periodic transmissions” (Brown at 0121), and “the step 808 may activate/deactivate one or more components, adjust the duty cycle and/or timing interval, adjust a voltage on the components or other power saving parameters (or rules)” (Brown at 0166), and “In an example of a security application used to detect intruders, the sensor node 102 may have a very different predicted power need than the same presence or proximity sensor node 102 used to optimize lighting and heating based on building or room usage. The security application may consume power when an office is closed. The lighting and heating application may need to be active during the scheduled office hours. The energy harvesting opportunities may also be different. The security application may need to store enough power during the day to last throughout the night. The office energy application may be able to harvest enough energy during the day to meet most needs. The transmission policies for the security application may be immediate during non-office hours. The transmission policy for the energy application may be daily or weekly” (Brown at 0190). Therefore, the Examiner understands and finds that to detect time before a predicted power need and not invoke power saving is applying a known technique to a known device, method, or product ready for improvement to yield predictable results so as to employ power saving based on usage.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine or modify the power saving camera mode of Bennett in view of Lee with the demand-based power savings of Brown in order to detect time before a predicted power need and not invoke power saving so as to employ power saving based on usage.
The rationale for combining in this manner is that to detect time before a predicted power need and not invoke power saving is applying a known technique to a known device, method, or product ready for improvement to yield predictable results so as to employ power saving based on usage as explained above
Response to Arguments
Applicant's arguments filed 22 June 2026 have been fully considered but they are not persuasive.
Applicant first argues the 112 rejections (Remarks at 8-11); however, the amendment overcomes the rejections, the rejections are withdrawn, and the argument is therefore considered moot and not persuasive.
Applicant then argues the 101 rejections (Id. at 11-17), alleging that “the system automatically disables the power saving state transition when setting at least part of the medical information in the "medical mode" setting of the apparatus” (Id. at 12). However, that is the same effect or result as the user merely turning the power saving mode ON or OFF – it is merely following rules or conditions, and having “medical mode” with medical information be the same as “power saving mode OFF”. This is to say, it is merely managing the operators personal behavior by following the rules for the setting. The desired outcome (as argued at Remarks p. 13) is apparently exactly the same as turning off the power saving mode.
Applicant then argues that “the claimed steps recited in amended claims 1, 13, and 14, are not well-understood, routine, conventional activity” (Remarks at 14-15). However, first (as explained at the rejection), the additional elements are indicated as being insignificant for other reasons. Second, though, Applicant indicates the basis of the argument as “Applicant submits that the aforementioned "additional" elements of the amended claims 1, 14, and 15, which distinguish over the prior art discussed below in connection with rejection under 35 U.S.C. 103, whether considered individually or in an ordered combination, are not routine, conventional or well-known” (Id. at 14). However, the term “additional elements” is in reference to elements additional to the abstract idea, NOT elements based on prior art analysis – prior art analysis is not used in connection with eligibility analysis. But furthermore, Applicant’s background (Applicant ¶¶ 0003-0006) indicates that it is already known to be able to turn off the power saving mode and that is all the claims appear to require – some settings that turn power saving mode on and some settings that turn power saving mode off. Therefore, even if Applicant’s analysis were followed, Applicant’s specification says it is known.
Applicant then argues “the amended claims 1, 14, and 15, impose "meaningful" and "significant limits" on the scope and application of the invention” (Remarks at 15-16) apparently since “the present invention is not a mental operation that may be done without a specific computerized medical system and optimized software recited in amended claims 1, 14, and 15” (Id. at 15). However, as indicated at the rejection above, the operations claimed are merely the same as a user entering power saving mode when they want to – set the camera for “medical mode” and enter some “specific information”. It is quite literally mere managing personal behavior. Some of the claim elements implicate mental activity (based on, e.g., the evaluations and judgments), but the primary direction is to certain methods of organizing human activity.
Applicant then argues that “even if the invention were to be considered an abstract idea … the aforementioned meaningful claim limitations into the claims transforms the claim into significantly more” and “Thus, the invention recited in amended claims "transforms" or "integrates" the resulting system in a "particular useful application" that constitutes a patentable application” (Id. at 16). First, this argument conflates the steps of current eligibility guidance analysis, and second, mere appears to repeat the earlier allegations.
Applicant then argues the prior art rejections (Remarks at 17-23), repeating claim 1 (Id. at 17-18), then alleging that “When in medical mode, the user or the image capturing device may be set to obtain some specific medical information (for example, information about the patient's lesion). The system then automatically associates the set specific information with the medical images obtained by the camera (and camera sensor)” (Id. at 19). However, within the scope of the claims the image capture device can ALWAYS obtain and associate specific information – it just would also, or be required to, do so while in medical mode. Applicant, though, reviews the claims (Id. at 19-20), reviews Bennet (Id.at 20-21), reviews Lee (Id. at 22), and argues that Bennet and Lee do not actually disclose the claim phrasing (Id. at 17-23). However, this ignores the rejection basis for obviousness and the rationale used – that based on what Bennet discloses in view of what Lee teaches, there are only a limited number of possible combinations to arrive at what the claims require (that power saving is actually activated or prevented based on whether information has been set).
Therefore, the Examiner is not persuaded by Applicant’s argument(s).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Omi (U.S. Patent Application Publication No. 2023/0237619) indicating a “learning model trained in advance using an image captured in the same operation mode … [where] the operation mode is associated with a medical image for use in training the learning model” (at 0035).
Ueda (U.S. Patent Application Publication No. 2023/0164428) indicating an image capturing apparatus having an operation mode that includes a medical operation mode that can be switched on and off (see at least 0059, 0060, 0072, 0122).
Ueda (U.S. Patent Application Publication No. 2023/0164425) indicating an image capturing apparatus having an operation mode that includes a medical operation mode that can be switched on and off (see at least 0030-0031, 0070-0071, 0189).
Cui et al. (U.S. Patent Application Publication No. 2018/0024615, hereinafter Cui) indicates “A power saving mode control method and device for multiple operating systems include: setting corresponding power saving modes for each of the multiple operating systems in advance; and determining an operating system of which a power saving mode is triggered, and causing the operating system of which the power saving mode is triggered to enter the corresponding power saving mode” (at Abstract).
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/SCOTT D GARTLAND/
Primary Examiner, Art Unit 3685
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