Ex Parte Henriksen

Patent Trial and Appeal Board

Feb 6, 2018

13119604 (P.T.A.B. Feb. 6, 2018)

United States Patent and Trademark Office
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O.Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
13/119,604 03/17/2011 David R. Henriksen 0158.05/PCT-US 2589
25871 7590 02/08/2018
SWANSON & BRATSCHUN, L.L.C.
8210 SOUTHPARK TERRACE
LITTLETON, CO 80120
EXAMINER
PICON-FELICIANO, ANA J
ART UNIT PAPER NUMBER
2482
NOTIFICATION DATE DELIVERY MODE
02/08/2018 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address(es):
efspatents @ sbiplaw.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte DAVID R. HENRIKSEN
Appeal 2016-003887
Application 13/119,604
Technology Center 2400
Before JAMESON LEE, SALLY C. MEDLEY, and
BARBARA A. BENOIT, Administrative Patent Judges.
BENOIT, Administrative Patent Judge.
DECISION ON APPEAL1
STATEMENT OF THE CASE
Appellant appeals under 35 U.S.C. § 134(a) from the Examiner’s final
rejection of claims 1, 2, 5—11, 15—18, and 28—34, which constitute all the
claims pending in this application. We have jurisdiction over the appeal
pursuant to 35 U.S.C. § 6(b).
We reverse.
1 This Decision refers to Appellant’s Appeal Brief (“Br.,” filed May 18,
2015), Examiner’s Answer (“Ans.,” mailed Oct. 27, 2015), and Final Office
Action (“Final Act.,” mailed Nov. 3, 2014). According to Appellant, the
real party in interest is Optibrand Ltd., LLC. Br. 3.
Appeal 2016-003887
Application 13/119,604
A. The Invention
The invention relates to techniques “to capture a suitable ocular
feature image where the subject eye may be moving, or is not artificially
dilated.” Spec. 11. An ocular feature is “any anatomical structure
associated with an animal or human eye,” such as “the retina, optic nerve or
the retinal vascularization” of the eye. Id. ^ 2.
A digital video camera captures a stream of sequentially captured
individual ocular images. Id. 124. Typically, however, before images are
captured, the camera operator defines selection criteria, such as a desired
ocular feature type or location or non-anatomical aspects (e.g., illumination
level, histogram data, proper focus data, or image sharpness). Id. 125. The
selection criteria is used by a processor associated with the digital video
camera to score, with respect to the selection criteria, each image in the
stream of sequential ocular images. Id. 129. According to the
Specification, the image scoring process typically includes comparing data
extracted from the image with stored data representative of the feature of
interest. Id. In this way, the scoring process autonomously determines
whether the specified ocular feature is present in the image and, if so, the
location of the specified ocular feature within the image. Id.
The Specification states that this scoring technique is useful
particularly to image eyes of children or animals that move around during an
ocular examination such that a camera operator has difficulty keeping the
camera focused on a region or structure of interest. Id. ]f 30.
According to the Specification, in some embodiments, the
illumination level is boosted and a series of subsequent images is captured at
the boosted illumination level. Id. 131. The illumination boost may be
2
Appeal 2016-003887
Application 13/119,604
triggered automatically by the capture of an image that meets a score
threshold, which indicates the image “is more likely than previous images to
include the ocular feature of interest.” Id. 132. The Specification explains
the results of such a technique.
Since the software associated with the camera processor may
immediately boost illumination levels upon the capture of an
image which meets the score threshold, the subsequent highly
illuminated images are more likely to include the ocular feature
of interest as they will be captured before the subject has a chance
to move their eye and before a substantial pupil constriction
response.
Id.
Claims 1,10, and 28 are independent claims. Claim 1 is
representative2 and reproduced below:
1. A method of obtaining an image of an ocular feature
comprising:
providing a digital video camera;
providing at least one processor in digital communication
with the digital video camera;
providing an illumination source which is controlled by
the processor;
providing an input source in digital communication with
the processor;
using the input source to define at least one selection
criteria related to an anatomical ocular feature of interest, which
selection criteria is stored in a memory in digital
communication with the processor;
2 Appellant argues claims 1,10, and 28 together and further indicates that
claims 1,10, and 28 “have substantially identical language” with regard to
the dispositive issue. Br. 26.
3
Appeal 2016-003887
Application 13/119,604
capturing a first segment of one continuous video stream
wherein the first segment of the one continuous video stream of
sequential ocular images is captured at an initial illumination
level provided by the illumination source and which
processing multiple ocular images of the first segment of
the video stream with the processor to score the processed
ocular images according to the selection criteria stored in the
memory to select an individual ocular image from the first
segment of the video stream which selected image is, according
to the score determined by the processor, more likely to include
the ocular feature of interest than other individual ocular i mages
of the first segment of the video stream; and
upon selection by the processor of an individual ocular
image from the first segment of the vi deo stream more likely to
include the ocular feature of interest, controlling the
illumination source with the processor to cause the illumination
source to provide a second illumination level while capturing a
second segment of the video stream of sequential ocular
images, wherein the second illumination level is of a higher
intensity than the initial illumination level