DETAILED ACTION
1. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR l.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR l.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on (02/08/2026) has been entered.
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 .
Acknowledgements
Claims (1 -20) remain pending on this Patent Application, of which claims (1, 11, 17) are the three (3) parallel running independent claims on record, being amended.
3.1. Examiner thanks’ Applicant representative for the new amendments provided, for the detailed remarks, and for the cooperation expediting the case.
The prev. presented Double Patent rejection, as being unpatentable over the analogous claims of the parent Application [17,597.216 - now US Patent 11,094,077 B2], is maintained. The rejection is intended to hold the rejection in abeyance, until allowable subject matter is identified in the Instant application.
The previously presented rejection under 35 USC 112 is withdrawn in view of the amendments provided and persuasive arguments presented.
Claim interpretation
3. For the purpose of examination, and under the broadest reasonable interpretation (BRI) consistent with the instant specification and the common knowledge of one of ordinary skill in the art, the following terms will be considered to read as:
3.1. Under the same BRI, term /limitation “positioning system” will be interpreted to read as (e.g. angular and/or triangulation techniques [0028], using GPS (and the like it) position data, as shown in (Fig. 5A/B); [specs; 0023; Remarks; page 8].)
3.3. Under the same BRI, limitation associated with “computer vision” will be interpreted to read as (e.g. association of camera (20) and computer (40); [specs; 0017]; able to detect and classify the marker (14); [specs; 0025 -0026]; and its positioning, using angular and/or triangulation determination (Fig. 5A/B); [specs; 0028].
Response to Applicant’s arguments
Applicant’s arguments have been carefully considered, but they’re not persuasive in view of the following:
4.1. The Examiner undersigned considers that the combined prior art (PA) on record, as a whole, very well discloses all the claimed features as mapped: (e.g. a methodology for tracking objects, employing a camera systems, able to identify/detect, analyze and track moving marker-objects, determine position of the camera and/or marker objects, as illustrated in at least Figs. (1 and 14); [Liu; 4: 10]); wherein the camera sensor may be physically attached (or separated) to the UAV; [Liu; 20: 23]; and where the processor is able calculate the position coordinates related to one or more moving visual markers using triangulation, [Liu; 11: 20; 20: 30], and project the market’s location via a display and/or PC [Liu, 16: 27; 20: 43], which for the most part, was/were part of the common knowledge at the time of the invention.
4.2. It is also valid to point out that to prove patentability at the USPTO, the claim language must present a clearly defined functionality, and an algorithm execution, that would produce a certain effect and/or result, by executing a series of acts/steps, able to transform and reduce them to a different state of thing. The presented list of amended claims, (as currently stated) fails this requirement.
4.3. Examiner would further stress that the no allowable subject matter has been yet identified in the claims. The claims language instead lists a set of well-known techniques such “image processing and projection the location/coordinate information between components), also commonly used, way before the invention was filed/made. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made/filed, to modify the claim invention with the combination of Liu/Uchiyama, since the associated/mapped feature-components are performing the same functionality. See also - In re Karlson, 136 USPQ 184 (CCPA 1963).
4.4. More specifically, Applicant argues:
4.5. Applicant argues a failure to disclose the new amended feature of – [a processor determining camera position information from a positioning system affixed with said camera; (Independent claims; Remarks)]; the Examiner respectfully disagrees, because under the broadest reasonable interpretation (BRI) consistent with the instant specification and the common knowledge of one of ordinary skill in the art, at least Liu in details reveals analogous feature in at least [Liu; 11: 20]. See the mapped feature in the below rejection section (5) for rationale and motivation.
Finally, the Office considers Applicant's arguments not persuasive, as applied rejection on record as a whole reads on the claimed construction, establishing the "Prima Facie" case of equivalent disclosures, on the basis of a person of ordinary skills in the art would have recognized the similar elements shown, or the same structural similarities shown, wherein such structure/methodology performs the same identical functions in substantially the same way, able to produce the same identical results.
_ See [MPEP – 2183]. Making a Prima Facie Case of Equivalence).
_ In re Bond, 910 F.2d 831, 833, 15 USPQ2d 1566, 1568]; when similar structure applies
_ See Kemco Sales, Inc. v. Control Papers Co., 208 F.3d 1352, 54 USPQ2d 1308] …when identical functionality is specified in the claim, in substantially the same way.
35 USC § 103 rejection
6. This is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness
rejections set forth in this Office action:
(a) A patent may not be obtained through the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negative by the manner in which the invention was made.
6.1. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966) that applied for establishing a background for determining obviousness under 35 USC 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 non -obviousness.
6.2. Claims (1 -20) are rejected under 35 U.S.C. 103(a) as being unpatentable over Liu; et al. (US 10,691,141 B2, hereafter “Liu”), in view of Uchiyama et al. (US 2018/0101732; “hereafter Uchiyama”).
Claim 1. (Currently amended) Liu discloses the invention substantially as claimed - A method for tracking objects comprising: (e.g., an unmanned monitoring system (101) as shown in Figs. (1 and 14), applicable to indoor and/or outdoor implementations [Liu; 2: 34], employing one or more optical camera(s) (102), to identify and/or detect, analyze and track moving marker-objects (103), determine position of the sensors, calculate position related to one or more moving visual markers; [Liu; 4: 10] and project output data as required; [Liu; 16: 26; 20: 44].
Liu specifically discloses - receiving an optical marker dictionary comprised of one or more optical markers, (e.g. see analogous in Figs. 4-6; [Liu]) said optical markers comprising optically distinct indicators associating an optical marker within said optical marker dictionary with an object and affixing said optical marker to said object; (e.g. see plurality of object-marker associated characteristics, including, shape, patterns, barcode, etc; [Liu; 4: 10]);
a processor in communication with a camera, said processor receiving image data from said camera; (e.g. see intern communication between analogous components in at least Figs (4-6); [Col. 19 -20]);
said processor applying computer vision to said image data (e.g. see location and/or position determination similarly using triangulation, when receiving GPS sensing data; [Liu; 11: 40]); in order to detect the presence of one or more optical markers within said optical marker dictionary within said image data; (e.g. see intern communication between analogous components in at least Figs (4-6); [Col. 19 -20]);
said processor determining camera position information from a positioning system affixed with said camera; (e.g. see computing unit and camera (102), Fig. 1, similarly connected and receiving plurality of sensing data (i.e. GPS, WiFi, etc) [Liu; 11: 20]; in order to collect/detect data-events from the tracking area/environment; [Liu; 11:26] and determining desired position points (i.e. market’s position; sensor’s position; and/or specific points in the tracking object; etc); [Liu; 2: 60]);
said processor applying computer vision to said image data in order to determine relative position information for said detected optical markers; (e.g. wherein extrinsic properties may be related to rotation, position, etc of the camera/sensor in relation to the marker; [Liu; 20: 33]);
and employing said camera position information and said detected optical markers relative position as input, said processor projecting a position from said camera to said detected optical marker; (e.g. projection of the desired properties similarly disclosed; [Liu; 20: 43]).
It is note that Liu’s paper very briefly discloses the implementation of the visual marker dictionary as – (e.g., a stored information can be a blueprint, a map, or a floor plan, of the tracking environment; [18: 15]).
For the purpose of additional clarification, and in the same field of endeavor, Uchiyama discloses a tracking system of the same (Fig. 1), employing a label dictionary storage unit for generating, storing and label specified object markers, improving group relationships during object tracking, (Fig. 9), with an object label that uniquely identifies the tracking target object across the multiple tracking environments, as illustrated in at least Fig. 11; [Uchiyama].
Before the effective filing date of the claimed invention, it would be obvious to a person having ordinary skill in the art to incorporate the marker label dictionary of Uchiyama in the UAV tracking system of Liu in order to – (e.g. efficiently reducing the number of sensors in the process, simplifying the configuration of the tracking system as a whole; [Uchiyama: [0154]).
Claim 2. (Original) Liu/Uchiyama discloses - The method of claim 1, wherein said optical markers comprises machine-readable optical label formats; (e.g. unique machine visual patterns, such as “barcode labels” similarly used; [Liu; 4: 16])
Claim 3. (Original) Liu/Uchiyama discloses - The method of claim 1, wherein said optical markers are outside the visible spectrum; (e.g. data detection and tracking capabilities outside the visible spectrum, and cross-sectional areas; [Liu; 24: 28; 28:09]). In addition, see the UAV may capture data from other/different light spectrum, using other type sensor techniques, such as radar, IR, sonar, etc; [Liu; 21: 40])
Claim 4. (Original) Liu/Uchiyama discloses - The method of claim 1, wherein said optical markers are displayed on a print surface; (e.g. see unique machine visual patterns, such as “barcode labels” similarly used [Liu; 4: 16; 16: 23], for multiple surface types; [Liu; 1: 45 and 14: 57]).
Claim 5. (Original) Liu/Uchiyama discloses - The method of claim 1, wherein said optical markers are displayed on an electronic visual display; (e.g. remote terminal display for capturing data reproduction; [Liu; 24:25]).
Claim 6. (Original) Liu/Uchiyama discloses - The method of claim 1, wherein input for said camera position information includes position information from a global navigation system; (e.g. see geo-positioning sensors, such as global coordinate system; (i.e. position data provided by a GPS sensor, attitude data provided by a compass, magnetometer, etc; [Liu; 11:62]).
Claim 7. (Original) Liu/Uchiyama discloses - The method of claim 1, wherein input for said camera position information includes relative position information from an origin point; (e.g. plurality of positioning sensors type similarly employed, including initiation coordinates, etc; [Liu; 11: 60; 22: 40]).
Claim 8. (Original) Liu/Uchiyama discloses - The method of claim 1, wherein input for said camera position information includes relative position information from an anchor node; (e.g. plurality of positioning sensors type similarly employed, including fixed positioning data; [Liu; 23: 13]).
Claim 9. (Previously presented) Liu/Uchiyama discloses - The method of claim 1, further comprising synchronizing session information with another member of a session group, said session information comprising said optical marker dictionary, associated object information, and said projected position information; (e.g. group interconnection and registration between marker movable objects and an integrated controls of the movable object and receives data, or between the movable object and multiple terminals that both control the movable object and receives data, are implemented herein; [Liu; 30:05].)
Claim 10. (Previously presented) Liu/Uchiyama discloses - The method of claim 9 wherein said synchronization is triggered periodically; (e.g. UAV processor is able to at any time initiate (i.e. synchronization is performed) action by visual pattern detection if required; [Liu; 22: 40].)
Claim 11. (Currently amended) Liu/Uchiyama discloses - A system for tracking objects, said system comprising: providing a processor configured to perform the following: receive an optical marker dictionary comprised of one or more optical markers; said optical markers comprising optically distinct indicators to be displayed on an object and associated with said object; said processor in communication with a camera, receiving image data from said camera; said processor applying computer vision to said image data in order to detect the presence of one or more optical markers within said optical marker dictionary within said image data; said processor receiving a camera position information from a positioning system affixed with said camera; said processor applying computer vision to said image data in order to determine relative position information for said detected optical markers; and employing said camera position information and said detected optical markers relative position as input, said processor projecting a position from said camera to said detected optical marker. (Current lists all the same elements as recite in Claim 1 above but in “System form” instead and is/are therefore on the same premise.)
Claim 12. (Previously presented) Liu/Uchiyama discloses - The system of claim 11, said system is configured to synchronize session information with another member of a session group. (The same rationale and motivation apply as given to Claim 9 above.)
Claim 13. (Original) Liu/Uchiyama discloses - The system of claim 11, wherein said optical markers are displayed on a fabric surface. (The same rationale and motivation apply as given to Claim 9 above.)
Claim 14. (Previously presented) Liu/Uchiyama discloses - The system of claim 12, comprising an input to trigger said synchronization. (The same rationale and motivation apply as given to Claim 10 above.)
Claim 15. (Previously presented) Liu/Uchiyama discloses - The system of claim 12, said synchronization is triggered periodically. (The same rationale and motivation apply as given to Claim 10 above.)
Claim 16. (Original) Liu/Uchiyama discloses - The system of claim 11, wherein said camera position information is determined by time-of-flight processing from a device with a known location; (e.g. see TOF camera type analogously used; [Liu; 12:04]).
Claim 17. (Currently amended) Liu/Uchiyama discloses - An unmanned aerial vehicle for tracking objects, said unmanned aerial vehicle comprising: a processor and camera; said processor configured to perform the following: receive an optical marker dictionary comprised of one or more optical markers; said optical markers comprising optically distinct indicators to be displayed on an object and associated with said object; said processor in communication with said camera, receiving image data from said camera; said processor applying computer vision to said image data in order to detect the presence of one or more optical markers within said optical marker dictionary within said image data; said processor receiving a camera position information from a positioning system affixed with said camera; said processor applying computer vision to said image data in order to determine relative position information for said detected optical markers; and employing said camera position information and said detected optical markers relative position as input, said processor projecting a position from said camera to said detected optical marker.. (Current lists all the same elements as recite in Claim 1 above but in “Aerial apparatus form” instead and is/are therefore on the same premise.)
Claim 18. (Original) Liu/Uchiyama discloses - The unmanned aerial vehicle of claim 17, further comprising a global navigation system communicating position information to said processor as input for said camera position. (The same rationale and motivation apply as given to Claim 6 above.)
Claim 19. (Previously presented) Liu/Uchiyama discloses - The unmanned aerial vehicle of claim 17, wherein said unmanned aerial vehicle is configured to synchronize session information with another member of a session group, said session information comprising said optical marker dictionary, associated object information, and said projected position information. (The same rationale and motivation apply as given to Claim 9 above.)
Claim 20. (Previously presented) Liu/Uchiyama discloses - The unmanned aerial vehicle of claim 19, said synchronization is triggered periodically. (The same rationale and motivation apply as given to Claim 10 above.)
Prior Art citation
7. The following List of prior art, made of record and not relied upon, is/are considered
pertinent to applicant's disclosure:
7.1. Patent Documentation;
_ US 6,430,303 B1 Naoi; et al. G06T7/254;
_ US 9,367,770 B2 Footen; et al. G06V30/19173; G06V20/20; G06Q20/20;
_ US 9,769,387 B2 Beard; et al. G06V20/17; G06T7/248; H04N23/69;
_ US 9,898,638 B2 Gregory; et al. G06V20/17; G06V30/2247; G06K7/1417;
_ US 10,691,141 B2 Liu; Ang et al. G08G5/80; G06K19/06037; G06K7/141;
_ US 11,094,077 B2 Lindsay; et al. G06V20/17; G06T7/246; G06V20/13;
_ US 12,080,027 B2 Hasegawa; et al. G01B11/00; G06V20/56; G06T7/73;
_ US 2018/0101732 A1 Uchiyama; et al. G06T7/292; G06V20/52;
_ US 2018/0341812 A1 Floor; et al. G06V20/42; G06T7/20; G06V20/52;
_ US 2019/0156086 A1 Plummer; et al. G06K7/10722; G06K7/1413; G06T7/536;
7.2. Non-Patent Literature (NPL):
_ Autonomous quadcopter for product home delivery; 2014.
CONCLUSIONS
9. Any inquiry concerning this communication or earlier communications from the
examiner should be directed to LUIS PEREZ-FUENTES (luis.perez-fuentes@uspto.gov)
whose telephone number is (571) 270 -1168. The examiner can normally be reached on
Monday-Friday 8am-5pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, WILLIAM VAUGHN can be reached on (571) 272-3922. The fax phone number for the organization where this application or proceeding is assigned is (571) 272 -3922. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated system, please call (800) 786 -9199 (USA OR CANADA) or (571) 272 -1000.
/LUIS PEREZ-FUENTES/
Primary Examiner, Art Unit 2481.