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 .
Information Disclosure Statement
IDS filed 12/17/2024, 9/13/2024, 1/12/2024, 5/4/2023 are being considered by the examiner
Response to Preliminary Amendment
Applicant's preliminary amendment filed 5/4/2023 has been received and entered into the record. As a result, claims 1-14 have been amended. Therefore, claims 1-14 are presented for examination.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 7, 8, 13, and 14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Se et al. [U.S. Pub. 2021/0004606] ("Se").
With regard to claim 1, Se teaches an identification apparatus [fig. 2: monitoring system (120)] for identification of a person present in a target space ("counting and/or tracking people (e.g., retail customers) within a field of view of one or more imaging systems … an employee identification technique [par. 0005]"), the identification apparatus comprising:
processing circuitry [fig. 2: processing component (122)] to acquire a strength of a wireless signal transmitted by a terminal device ("a set of wireless signal data associated with each wireless device, which may include signal strength of the wireless signal received [par. 0062]"), the wireless signal including identification information of the terminal device ("the wireless devices are identified (e.g., by wireless identifier) and tracked over time [par. 0062]"),
acquire movement information that is information of a movement of the terminal device ("wireless data is collected from wireless employee tags which include embedded accelerometers that can provide motion data, such as acceleration and velocity, to the monitoring system [par. 0053]"), and
associate, when the acquired strength satisfies a predetermined condition ("a tracked wireless device will have an associated peak wireless signal strength during the wireless device tracking. The wireless device is then matched up with an object having a predicted peak signal strength (e.g., closest position to the monitoring system from object tracking data) at a corresponding time period [par. 0063]") and a plurality of persons are captured in a captured image of the target space ("detects and tracks people and obtains multiple camera tracks over time … Objects (e.g., people) are detected and tracked through the field of view [par. 0064]"),
with the identification information, positional information of the person of the plurality of persons captured in the captured image ("object tracking 422 is performed for identified people or other objects to be tracked by the system [par. 0058]" and "The wireless device is then matched up with an object having a predicted peak signal strength (e.g., closest position to the monitoring system from object tracking data) at a corresponding time period … the wireless device is a wireless employee identification tag and a match between a wireless employee identification tag and a tracked person indicates that the tracked person is likely to be an employee [par. 0063]"),
the person of the plurality of persons having a movement at same timing as timing of the movement of the terminal device ("The extracted feature characteristics may then be compared to accelerometer data at the same approximate time to match an employee tag with a detected person [par. 0053]").
With regard to claim 7, Se teaches the identification apparatus according to claim 1, wherein the processing circuitry determines, after the acquired strength satisfies the predetermined condition, whether the person is captured in the captured image ("a tracked wireless device will have an associated peak wireless signal strength during the wireless device tracking. The wireless device is then matched up with an object having a predicted peak signal strength (e.g., closest position to the monitoring system from object tracking data) at a corresponding time period [par. 0063]"), and
associates, when the person is captured in the captured image, with the identification information, the positional information acquired from the captured image ("object tracking 422 is performed for identified people or other objects to be tracked by the system [par. 0058]" and "the wireless device is a wireless employee identification tag and a match between a wireless employee identification tag and a tracked person indicates that the tracked person is likely to be an employee [par. 0063]").
With regard to claim 8, Se teaches the identification apparatus according to claim 1, wherein the processing circuitry determines, after the person is captured in the captured image whether the acquired strength satisfies the predetermined condition ("a tracked wireless device will have an associated peak wireless signal strength during the wireless device tracking. The wireless device is then matched up with an object having a predicted peak signal strength (e.g., closest position to the monitoring system from object tracking data) at a corresponding time period [par. 0063]"), and
associates, when the acquired strength satisfies the predetermined condition, with the identification information, the positional information acquired from the captured image ("object tracking 422 is performed for identified people or other objects to be tracked by the system [par. 0058]" and "the wireless device is a wireless employee identification tag and a match between a wireless employee identification tag and a tracked person indicates that the tracked person is likely to be an employee [par. 0063]").
With regard to claim 13, Se teaches an equipment system, comprising: the identification apparatus according to claim 1; and the terminal device (see claim 1 above).
With regard to claim 14, Se teaches claim 1 above. Claim 14 recite limitations having the same scope as those pertaining to claim 1; therefore, claim 14 is rejected alone the same grounds as claim 1.
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, 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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Se in view of Hughes [U.S. Pub. 2015/0334169] ("Hughes").
With regard to claim 2, Se teaches the identification apparatus according to claim 1, wherein the acquired strength satisfies the predetermined condition ("a tracked wireless device will have an associated peak wireless signal strength during the wireless device tracking. The wireless device is then matched up with an object having a predicted peak signal strength (e.g., closest position to the monitoring system from object tracking data) at a corresponding time period [par. 0063]").
Although Se teaches the acquired strength satisfying a predetermined condition [par. 0063], varying level of signal strength [par. 0063], and obtaining data based on a triggering of an event [par. 0048], Se does not explicitly teach satisfying the predetermined condition by increasing from below a threshold to above the threshold.
In the same field of endeavor (detecting approaching people), Hughes teaches satisfying the predetermined condition by increasing from below a threshold to above the threshold ("application server 230 may request the user profile when the signal strength value satisfies a particular threshold (e.g., indicating that user device 210 is located within a threshold distance of network device 220). Additionally, or alternatively, application server 230 may request the user profile when the rate of increase of the signal strength value satisfies a particular threshold (e.g., indicating that user device 210 is approaching network device 220). Additionally, or alternatively, application server 230 may request the user profile when the signal strength value satisfies a particular threshold for a particular amount of time [par. 0029]").
Hughes further teaches, "identifying that user device 210 is within a communications range of network device 220 [par. 0034]."
It would have been obvious to one having ordinary skill in the art at the time of filing the invention to have included Hughes' teachings of signal thresholds, with teachings of Se, for the benefit more accurately determining whether a person is within a desired ranged of the target area.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Se in view of Grabiner et al. [U.S. Pub. 2012/0101770] ("Grabiner").
With regard to claim 3, Se teaches the identification apparatus according to claim 1 wherein the processing circuitry acquires, as the movement information, measurement information about("The extracted feature characteristics may then be compared to accelerometer data at the same approximate time to match an employee tag with a detected person [par. 0053]"), and
associates, when the acquired strength satisfies the predetermined condition ("a tracked wireless device will have an associated peak wireless signal strength during the wireless device tracking. The wireless device is then matched up with an object having a predicted peak signal strength (e.g., closest position to the monitoring system from object tracking data) at a corresponding time period [par. 0063]") and the plurality of persons are captured in the captured image ("detects and tracks people and obtains multiple camera tracks over time … Objects (e.g., people) are detected and tracked through the field of view [par. 0064]"),
with the identification information, positional information of the person of the plurality of persons ("object tracking 422 is performed for identified people or other objects to be tracked by the system [par. 0058]" and "The wireless device is then matched up with an object having a predicted peak signal strength (e.g., closest position to the monitoring system from object tracking data) at a corresponding time period … the wireless device is a wireless employee identification tag and a match between a wireless employee identification tag and a tracked person indicates that the tracked person is likely to be an employee [par. 0063]"),
the person of the plurality of persons having a movement at same timing as timing of application of ("The extracted feature characteristics may then be compared to accelerometer data at the same approximate time to match an employee tag with a detected person [par. 0053]").
Although Se teaches acceleration, Se does not explicitly teach angular acceleration.
Although Se teaches when an event is triggered by motion [pars. 0048 and 0072], Se does not explicitly teach acceleration greater than a reference value.
In the same field of endeavor (detecting movement), Grabiner teaches an application of angular acceleration greater than a reference value ("one of a linear acceleration or a rotational acceleration, a linear or a rotational velocity, or displacement, a controller that identifies a time of postural disturbance at which the threshold kinematic information satisfies a threshold [par. 0008]").
Because Se teaches utilizing various sensors for the matching process [pars. 0040-0041 and 0072], it would have been obvious to one having ordinary skill in the art at the time of filing the invention to have utilized an angular acceleration and reference value as taught by Grabiner, as the acceleration and trigger event as taught by Se, because in having done so would have yielded the predictable result of being able to detect a triggering event via angular acceleration where the device detecting angular acceleration, e.g., a gyroscope, would function in the same way in Se's teachings as it does in Grabiner's.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Se in view of Liu [U.S. Pub. 2021/0349178].
With regard to claim 4, Se teaches the identification apparatus according to claim 1, wherein the processing circuitry
acquires, as the captured image, an image captured by an imager ("image data captured by the image sensors [par. 0025]").
Se does not explicitly teach where the imager is rotatably drivable, and where the circuitry
acquires, when a first condition is satisfied, as the captured image, an image captured with the imager being rotating, and acquires, when a second condition is satisfied, as the captured image, an image captured with an orientation of the imager being fixed.
In the same field of endeavor (object tracking), Liu teaches where an imager is rotatably drivable, and where circuitry acquires, when a first condition is satisfied, as the captured image, an image captured with the imager being rotating ("when the luminous element is detected, the step S304 may also be executed: tracking the luminous element. In the step S304, the angle control device may control the image acquisition device to track the luminous element. For instance, in the step S304, on one hand, the signal processing device may detect the position of the luminous element in the optical image in real time; and on the other hand, the angle control device may control the image acquisition device to perform one or more operations such as rotation, zooming and focusing, so as to control the image acquisition device to track the luminous element [par. 0207]"), and
acquires, when a second condition is satisfied, as the captured image, an image captured with an orientation of the imager being fixed ("For instance, when no luminous element is detected and the user leaves the tracking area, the image acquisition device stops acquiring the optical image of the tracking area, namely the step S307 is executed: stopping sound source tracking [par. 0205]").
Liu further teaches "the camera in the image acquisition device 104 may have one or more functions of rotation, zooming and auto-focusing, so the image acquisition device 104 can track an object in the tracking area of the acquisition equipment 101 [par. 0058]."
It would have been obvious to one having ordinary skill in the art at the time of filing the invention to have included Liu's teachings of a rotating imager, with the teachings of Se, for the benefit of being able to track an object in the tracking area. Additionally, it would have been obvious to one having ordinary skill in the art at the time of filing the invention to have stopped rotation when no object is detected as taught by Liu, for the benefit of reducing hunting of the imager and to save power.
Claims 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Se in view of Seem et al. [U.S. Pub. 2008/0277486] ("Seem").
With regard to claim 9, Se teaches the identification apparatus according to claim 1. Although Se teaches ("object tracking 422 is performed for identified people or other objects to be tracked by the system [par. 0058]" and "The wireless device is then matched up with an object having a predicted peak signal strength (e.g., closest position to the monitoring system from object tracking data) at a corresponding time period … the wireless device is a wireless employee identification tag and a match between a wireless employee identification tag and a tracked person indicates that the tracked person is likely to be an employee [par. 0063]"),
Se does not explicitly teach wherein the processing circuitry control equipment installed in the target space based on the identification information.
In an analogous art (controlling an air conditioner), Seem teaches wherein processing circuitry controls equipment installed in a target space based on identification information ("Whenever a person enters a building zone having RFID-capable sensors configured to sense and/or read RFID transponders, the sensors may communicate with database 304 and/or HVAC control system 300 to lookup information associated with the sensed ID badge. The HVAC control system may then used this looked-up information (e.g., preferred temperature, etc.) as an input when determining a desired flow rate or setpoint of various HVAC components relating to the building zone [par. 0036]").
Seem further teaches, " It would further be desirable to enable users to reduce energy consumption by varying the minimum ventilation given the number of occupants in a zone. It would further be desirable to improve occupant comfort by reducing the size and number of temperature errors throughout the day. It would further be desirable to reduce occupant discomfort by calculating a setpoint temperature for a zone based on occupants' preferences [par. 0009]."
It would have been obvious to one having ordinary skill in the art at the time of filing the invention to have implemented Se's teachings of an identification system, within the temperature control system as taught by Seem, for the benefit accurately identifying people in the target space and to improve occupant comfort based on the people identified in the target space.
With regard to claim 10, the combination above teaches the identification apparatus according to claim 9. Seem in the combination further teaches wherein the processing circuitry
controls the equipment based on a control setting of a plurality of predetermined control settings ("The HVAC control system may then used this looked-up information (e.g., preferred temperature, etc.) as an input when determining a desired flow rate or setpoint of various HVAC components relating to the building zone [par. 0036]"),
the control setting of the plurality of predetermined control settings corresponding to the identification information ("The HVAC control system may then used this looked-up information (e.g., preferred temperature, etc.) as an input when determining a desired flow rate or setpoint of various HVAC components relating to the building zone [par. 0036]").
With regard to claim 11, the combination above teaches the identification apparatus according to claim 9. Seem in the combination further teaches wherein the equipment is an air conditioner for air-conditioning the target space ("The HVAC control system may then used this looked-up information (e.g., preferred temperature, etc.) as an input when determining a desired flow rate or setpoint of various HVAC components relating to the building zone [par. 0036]").
With regard to claim 12, the combination above teaches an equipment system, comprising: the identification apparatus according to claim 9; and the equipment (see claim 9 above).
Allowable Subject Matter
Claims 5 and 6 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
While the prior art of record teaches detecting whether a person is in range based on signal strength of a wireless device and to capture the image of the person and to associate the wireless device with the image of the person, as well as rotating an imaging device to track the person, the prior art of record fails to teach or suggest, alone or in combination,
where the first condition is a condition that no person is captured in the captured image, and
the second condition is a condition that the person is captured in the captured image as recited in claim 5, and
where the first condition is a condition that the acquired strength satisfies the predetermined condition, and the second condition is a condition that the acquired strength does not satisfy the predetermined condition as recited in claim 6,
in combination with the imager being rotated or fixed based on the first and second conditions as recited in claim 4, and in combination with the remaining limitations of claim 4 and base claim 1.
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Irie et al. [U.S. Pub. 2017/0163899] teaches a power saving mode of a camera where the movement of the camera is stopped.
Kitagawa et al. [U.S. Pub. 2022/0178570] teaches where a detector detects a user action toward an indoor unit. A transmitter transmits first information on the indoor unit to a terminal of the user. A control unit causes the transmitter to transmit the first information to the terminal when the detector detects the user action.
Hill [U.S. Pub. 2023/0035636] teaches a system for tracking movement of individuals through a building using RF signals and image data.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VINCENT W CHANG whose telephone number is (571)270-1214. The examiner can normally be reached (M-F) 10:00 am - 6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mohammad Ali can be reached at 571-272-4105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VINCENT WEN-LIANG CHANG/
Examiner
Art Unit 2119
/MOHAMMAD ALI/Supervisory Patent Examiner, Art Unit 2119