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 .
1. Claims 1-2, 4, 6-12, and 15-19 are currently pending in this application.
Claims 1, 6-12, and 15-17 are amended as filed on 12/04/2025.
Claims 3, 5, and 13-14 are canceled as filed on 12/04/2025.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 3, 5, and 13-14 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
More specifically, claim 3 contains the limitation “wherein the first set of pixels is identified as pixels having values associated with radiation emitted by a human” and claims 5 and 13 contain the limitation wherein the “second set of pixels correlate to a face of the subject”. Both of these limitations require that a human be captured on the camera as part of the invention. It is unclear how such a feature would be enabled. For examination purposes, the limitation will be treated as if referencing that the camera is configured to detect the presence of a human and a human’s face (respectively). However, appropriate correction is required. Accordingly, claim 14 is rejected, at least, based on its dependency on claim 13.
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.
Claim(s) 1, 3-14, and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Yupang Zhang et al. (Anonymous Camera for Privacy Protection), hereinafter Zhang, in view of Petilli et al. (Pre-Grant Publication No. US 2020/0344426 A1), hereinafter Petilli, and in further view of Beall (Pre-Grant Publication No. US 2021/0302238 A1).
2. With respect to claim 1, Zhang taught a hybrid camera system for removing personally identifiable information of a subject from image data (Page: 4175, Section: V, Lines: 6-10), comprising: a thermal camera having a field of view and configured to capture a first image frame in the field of view (P:4173, S:2, L:1-4); a second camera having a field of view and configured to capture a second image frame concurrently with the thermal camera, such that the second image frame is correlated in time with the first image frame (P:4174, S:IV, L:1-4, where the masked region is the correlation), wherein the second camera operates at a wavelength of visible light and the field of view of the second camera substantially overlaps with the field of view of the thermal camera (P:4174, S:IV, L:1-4, where the masked region is the correlation and where RGB represents visible light); the system configured to receive the first image frame and the second image frame that are spatially correlated with the first set of pixels, and obscure personally identifiable information in the second set of pixels, thereby forming a final image frame (P:4174-4175, S:IV, L:1-36).
However, while Zhang taught the images are processed by a computer processor (as seen above), Zhang did not explicitly state that the Graphics processing unit was part of the device itself. On the other hand, Petilli did teach that the graphics processing unit is part of the device itself (0116). Both of the systems of Zhang and Petilli are directed towards thermal cameras and therefore, it would have been obvious to a person having ordinary skill in the art, at the time of the effective filing of the invention, to modify the teachings of Zhang, to utilize an onboard processing system, as taught by Wang, in order to increase the efficiency and overhead of the system.
However, Zhang did not explicitly state to create a mask from a first set of pixels in the first image frame having values in a predefined temperature range, transform and align the first image frame with the second image frame, and apply the mask to the second image frame to yield a second set of pixels, where a location of the second set of pixels corresponds to a location of the first set of pixels in the first image frame. On the other hand, Beall did teach to create a mask from a first set of pixels in the first image frame having values in a predefined temperature range (0113), transform and align the first image frame with the second image frame (0078 & 0083), and apply the mask to the second image frame to yield a second set of pixels, where a location of the second set of pixels corresponds to a location of the first set of pixels in the first image frame (0087). Both of the systems of Zhang and Beall are directed towards thermal cameras that anonymize PII data and therefore, it would have been obvious to a person having ordinary skill in the art, at the time of the effective filing of the invention, to modify the teachings of Zhang, to utilize an masking temperature ranges of images, as taught by Beall, in order to improve desired image data detection.
3. With respect to claim 10, Zhang taught a hybrid camera system for removing personally identifiable information of a subject from image data (Page: 4175, Section: V, Lines: 6-10), comprising: a first camera having a field of view and configured to capture image data in the field of view and measure thermal radiation in the image data, where the image data includes a first image frame (P:4173, S:2, L:1-4); a second camera having a field of view and configured to capture image data concurrently with the first camera, where the image data includes a second image frame correlated in time with the first image frame, the second camera operates at a different wavelength than the first camera, and the field of view of the second camera substantially overlaps with the field of view of the first camera (P:4174, S:IV, L:1-4, where the masked region is the correlation); wherein the system is configured to: receive the first image frame and the second image frame, generate a final image frame from at least one of the first image frame or second image frame, where the final image frame has at least some personally identifiable information of the subject obscured, and display the final image frame on a display (P:4174-4175, S:IV, L:1-36).
However, while Zhang taught the images are processed by a computer processor (as seen above), Zhang did not explicitly state that the graphics processing unit was part of the device itself and was in data communication with the first camera and the second camera. On the other hand, Petilli did teach that the graphics processing unit was part of the device itself, was in data communication with the first camera and the second camera (0116). Both of the systems of Zhang and Petilli are directed towards thermal cameras and therefore, it would have been obvious to a person having ordinary skill in the art, at the time of the effective filing of the invention, to modify the teachings of Zhang, to utilize an onboard processing system, as taught by Wang, in order to increase the efficiency and overhead of the system.
However, Zhang did not explicitly state to create a mask from a first set of pixels in the first image frame having values in a predefined temperature range, transform and align the first image frame with the second image frame, apply the mask to the second image frame to yield a second set of pixels, where a location of the second set of pixels corresponds to a location of the first set of pixels in the first image frame, and that the thermal radiation was black-body radiation. On the other hand, Beall did teach to create a mask from a first set of pixels in the first image frame having values in a predefined temperature range (0113), transform and align the first image frame with the second image frame (0078 & 0083), apply the mask to the second image frame to yield a second set of pixels, where a location of the second set of pixels corresponds to a location of the first set of pixels in the first image frame (0087), and that the thermal radiation was black-body radiation (0056). Both of the systems of Zhang and Beall are directed towards thermal cameras that anonymize PII data and therefore, it would have been obvious to a person having ordinary skill in the art, at the time of the effective filing of the invention, to modify the teachings of Zhang, to utilize an masking temperature ranges of images, as taught by Beall, in order to improve desired image data detection.
4. As for claim 4, it is rejected on the same basis as claim 1. In addition, Zhang taught wherein location of pixels in the second set of pixels matches location of the first set of pixels in the first image frame (P:4174, S:IV, L:1-4, where the masked region is the correlation).
5. As for claim 6, it is rejected on the same basis as claim 1. In addition, Zhang taught wherein the graphics processing unit obscures personally identifiable information in the second set of pixels by setting pixel values to zero (P:4174, S: Fig 9, images h, where black image is the zero setting).
6. As for claim 7, it is rejected on the same basis as claim 1. In addition, Zhang taught wherein the computer process obscures personally identifiable information in the second set of pixels by replacing the second set of pixels with a stick figure, a blur or another object (P:4174, S: Fig 9, images h, where the black shape is the other object).
7. As for claim 8, it is rejected on the same basis as claim 1. In addition, Zhang taught wherein the graphics processing unit further operates to store the final image frame without storing the first and second image frames (P:4175, S:V, L:1-6, where the original images cannot be saved).
8. As for claim 9, it is rejected on the same basis as claim 1. In addition, Zhang taught wherein the graphics processing unit further operates to transmit the final image frame over a network to another device (P:4174, S:IV, L:27-29).
9. As for claim 11, it is rejected on the same basis as claim 10. In addition, Zhang taught wherein the graphics processing unit is configured to alter a value of at least some pixels in the second set of pixels and generate the final image frame using the second image frame (P:4174, S: Fig 9, images h, where the black shape is the other object).
10. As for claim 12, it is rejected on the same basis as claim 11. In addition, Zhang taught wherein the graphics processing unit is configured to alter the value of the at least some pixels in the second set of pixels to zero (P:4174, S: Fig 9, images h, where the black shape is the other object).
11. As for claim 16, it is rejected on the same basis as claim 15. In addition, Zhang taught wherein the graphics processing unit is configured to replace the second set of pixels with a blur and overlay the stick figure on the blur (P:4170, S:I, L:19-21).
12. As for claim 17, it is rejected on the same basis as claim 10. In addition, Zhang taught wherein the graphics processing unit is operable to remove at least one of a face, gender, skin color, hair color, or body shape of the subject from the second image frame (P:4174, S: Fig 9, images h, where this at least teaches the face limitation).
13. As for claim 18, it is rejected on the same basis as claim 10. In addition, Zhang taught wherein the final image frame is generated without storing the first and second image frames or communicating the first and second image frames to another device outside of the hybrid camera system (P:4175, S:V, L:1-6, where the original images cannot be saved).
14. As for claim 19, it is rejected on the same basis as claim 10. In addition, Zhang taught wherein the first camera is operable to capture a set of the first image frames, the second camera is operable to capture a set of the second image frames, and the graphics processing unit is operable to generate a set of the final image frames simultaneously with the first and second cameras capturing the sets of first and second image frames (P:4174-4175, S:IV, L:1-36).
Claim(s) 2 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang, in view of Wang, and in further view of Govari et al. (Pre-Grant Publication No. US 2022/0122239 A1), hereinafter Govari.
15. As for claim 2, it is rejected on the same basis as claim 1. However, Zhang did not explicitly state wherein the thermal camera operates at a wavelength of 1000 nm to 14,000 nm. On the other hand, Govari did teach wherein the thermal camera operates at a wavelength of 1000 nm to 14,000 nm (0035). Both of the systems of Zhang and Govari are directed towards thermal cameras and therefore, it would have been obvious to a person having ordinary skill in the art, at the time of the effective filing of the invention, to modify the teachings of Zhang, to utilize specific thermal camera wavelengths, as taught by Govari, in order to utilize the most appropriate/viable wavelengths for monitoring human activity.
Claim(s) 15 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang, in view of Wang, and in further view of Official Notice.
16. As for claim 15, it is rejected on the same basis as claim 10. In addition, Zhang taught wherein the graphics processing unit is configured to define a background of the second image frame, create an object using the second set of pixels, and generate the final image frame by combining the object with the background, where the object includes a set of points that correspond to a location of a set of points of the subject (P:4174, S: Fig 9, images h).
However, Zhang did not explicitly state that the object could be a stickman that corresponded to a set of joins. On the other hand, the examiner gives official notice that a plurality of objects could’ve been easily generated (as the system already generates a black out object) and therefore, it would have been obvious to a person having ordinary skill in the art, at the time of the effective filing of the invention, to modify the teachings of Zhang, to utilize generating a plurality of different object types, in order to maintain a plurality of different obfuscation appearances that would thus, increase the system’s marketability.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH L GREENE whose telephone number is (571)270-3730. The examiner can normally be reached Monday - Thursday, 10:00am - 4:00pm.
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/JOSEPH L GREENE/Primary Examiner, Art Unit 2443