DETAILED ACTION
Status of the Application
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 .
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.
This action is a Final Action on the merits in response to the application filed on 09/16/2025.
Claims 1, 4-7, 9, 10, 16, and 17 have been amended.
Claims 2 and 3 have been cancelled.
Claims 1 and 4-17 remain pending in this application.
Foreign Priority
The Examiner/office acknowledges that the applicant claims foreign priority to the date 03/04/2021, but have not received the English transition for filled priority documents.
Response to Amendment
Applicant’s amendments are acknowledged.
The 35 U.S.C. 101 rejections of claims in the previous office action are withdrawn in light of applicant’s amendments, however a new 101 rejections was added.
The 35 U.S.C. 102 rejections of claims in the previous office action are withdrawn in light of applicant’s amendments.
The 35 U.S.C. 103 rejections of claims in the previous office action are withdrawn in light of applicant’s amendments, however a new 103 rejections was added.
Claim Objections
Claim 4 objected to because of the following informalities: Claim 4 recites directed to “apparatus according to claim 4”; the Examiner suggest that the Applicant amend to recite “apparatus according to claim 1” As such the current claim lacks proper use, sentence structure, and should be written clearly and concisely. Appropriate correction is required.
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, 4-10 are directed towards a generating apparatus, claims 11-15 are directed towards a system, claim 16 is directed towards a method, and claim 17 is directed towards a computer-readable medium, all of which are among the statutory categories of invention.
Step 1: This part of the eligibility analysis evaluates whether the claim falls within any statutory category. See MPEP 2106.03. The claim recites at least one step or act, including applying an acquiring data. Thus, the claim is to a process, which is one of the statutory categories of invention. (Step 1: YES).
Step 2A, Prong One: This part of the eligibility analysis evaluates whether the claim recites a judicial exception. As explained in MPEP 2106.04, subsection II, a claim “recites” a judicial exception when the judicial exception is “set forth” or “described” in the claim.
With respect to claims 1 and 4-17, the independent claims (claims 1, 11, 16, and 17) are directed to managing people information in an area, In independent claim 1, the bolded limitations emphasized below correspond to the abstract ideas of the claimed invention:
Claim 1, A characteristic information generating apparatus comprising:
a first memory storing first instructions;
a first processor configured to execute the first instructions to:
acquire signals from one or more terminal devices in a plurality of areas for which an estimation is made;
acquire an image captured by an imaging device installed in one of the areas for which the estimation is made;
perform an estimation of first characteristic information pertaining to persons present within each of the plurality of areas for which the estimation is made, based on first information obtained by tallying the signals transmitted from the one or more terminal devices in the plurality of areas and second information which is statistical information pertaining to a number of persons in the plurality of areas;
perform verification of the estimated first characteristic information estimated for, among the plurality of areas for which the estimation is made, the area in which the imaging device is installed, based on second characteristic information pertaining to a number of persons present within an imaging range of the image captured by the imaging device installed in the area, the second characteristic information being obtained by analyzing the image; and
correct, for the plurality of areas for which the estimation is made, the estimation of the first characteristic information, based on a result of the verification, using a ratio of a surface area of the area in which the imaging device is installed, for which the estimation of the first characteristic information is made, and a surface area of the imaging range of the image captured by the imaging device.
these steps fall within the managing personal behavior such as social activities and following rules or instructions (See MPEP 2106.04(a)(2), subsection II).
Regarding steps of:
a characteristic information generating apparatus comprising:
a first memory storing first instructions;
a first processor configured to execute the first instructions to:
acquire signals from one or more terminal devices in a plurality of areas for which an estimation is made;
acquire an image captured by an imaging device installed in one of the areas for which the estimation is made;
perform an estimation of first characteristic information pertaining to persons present within each of the plurality of areas for which the estimation is made, based on first information obtained by tallying the signals transmitted from the one or more terminal devices in the plurality of areas and second information which is statistical information pertaining to a number of persons in the plurality of areas;
perform verification of the estimated first characteristic information estimated for, among the plurality of areas for which the estimation is made, the area in which the imaging device is installed, based on second characteristic information pertaining to a number of persons present within an imaging range of the image captured by the imaging device installed in the area, the second characteristic information being obtained by analyzing the image; and
correct, for the plurality of areas for which the estimation is made, the estimation of the first characteristic information, based on a result of the verification, using a ratio of a surface area of the area in which the imaging device is installed, for which the estimation of the first characteristic information is made, and a surface area of the imaging range of the image captured by the imaging device.
The claim does not impose any limits on how the data is output or require any particular components that are used to output the data. (Step 2A, Prong One: YES).
Step 2A, Prong Two: This part of the eligibility analysis evaluates whether the claim as a whole integrates the recited judicial exception into a practical application of the exception or whether the claim is “directed to” the judicial exception. This evaluation is performed by (1) identifying whether there are any additional elements recited in the claim beyond the judicial exception, and (2) evaluating those additional elements individually and in combination to determine whether the claim as a whole integrates the exception into a practical application. See MPEP 2106.04(d). The claim recites the additional elements of memory, processor, apparatus, signal, device, computer-readable medium. The claims recite the steps are performed by the memory, processor, apparatus, signal, device, computer-readable medium.
The limitations of
a characteristic information generating apparatus comprising:
a first memory storing first instructions;
a first processor configured to execute the first instructions to:
acquire signals from one or more terminal devices in a plurality of areas for which an estimation is made;
acquire an image captured by an imaging device installed in one of the areas for which the estimation is made;
perform an estimation of first characteristic information pertaining to persons present within each of the plurality of areas for which the estimation is made, based on first information obtained by tallying the signals transmitted from the one or more terminal devices in the plurality of areas and second information which is statistical information pertaining to a number of persons in the plurality of areas;
perform verification of the estimated first characteristic information estimated for, among the plurality of areas for which the estimation is made, the area in which the imaging device is installed, based on second characteristic information pertaining to a number of persons present within an imaging range of the image captured by the imaging device installed in the area, the second characteristic information being obtained by analyzing the image; and
correct, for the plurality of areas for which the estimation is made, the estimation of the first characteristic information, based on a result of the verification, using a ratio of a surface area of the area in which the imaging device is installed, for which the estimation of the first characteristic information is made, and a surface area of the imaging range of the image captured by the imaging device.
are mere data gathering and output recited at a high level of generality, and thus are insignificant extra-solution activity. See MPEP 2106.05(g) (“whether the limitation is significant”). In addition, all uses of the recited judicial exceptions require such data gathering and output, and, as such, these limitations do not impose any meaningful limits on the claim. These limitations amount to necessary data gathering and outputting. See MPEP 2106.05.
Further, the limitations are recited as being performed by memory, processor, apparatus, signal, device, computer-readable medium. The memory, processor, apparatus, signal, device, computer-readable medium are recited at a high level of generality. In limitation (a), memory, processor, apparatus, device, computer-readable medium is used as a tool to perform the generic computer function of receiving data. See MPEP 2106.05(f). memory, processor, apparatus, signal, device, computer-readable medium is used to perform an abstract idea, as discussed above in Step 2A, Prong One, such that it amounts to no more than mere instructions to apply the exception using a generic computer. See MPEP 2106.05(f).
Even when viewed in combination, these additional elements do not integrate the recited judicial exception into a practical application (Step 2A, Prong Two: NO), and the claim is directed to the judicial exception. (Step 2A: YES).
Step 2B: This part of the eligibility analysis evaluates whether the claim as a whole amounts to significantly more than the recited exception i.e., whether any additional element, or combination of additional elements, adds an inventive concept to the claim. See MPEP 2106.05. As explained with respect to Step 2A, Prong Two, the additional elements are the memory, processor, apparatus, signal, device, computer-readable medium. The additional elements were found to be insignificant extra-solution activity in Step 2A, Prong Two, because they were determined to be insignificant limitations as necessary data gathering and outputting.
However, a conclusion that an additional element is insignificant extra solution activity in Step 2A, Prong Two should be re-evaluated in Step 2B. See MPEP 2106.05, subsection I.A. At Step 2B, the evaluation of the insignificant extra-solution activity consideration takes into account whether or not the extra-solution activity is well understood, routine, and conventional in the field. See MPEP 2106.05(g). As discussed in Step 2A, Prong Two above, the recitations of
a characteristic information generating apparatus comprising:
a first memory storing first instructions;
a first processor configured to execute the first instructions to:
acquire signals from one or more terminal devices in a plurality of areas for which an estimation is made;
acquire an image captured by an imaging device installed in one of the areas for which the estimation is made;
perform an estimation of first characteristic information pertaining to persons present within each of the plurality of areas for which the estimation is made, based on first information obtained by tallying the signals transmitted from the one or more terminal devices in the plurality of areas and second information which is statistical information pertaining to a number of persons in the plurality of areas;
perform verification of the estimated first characteristic information estimated for, among the plurality of areas for which the estimation is made, the area in which the imaging device is installed, based on second characteristic information pertaining to a number of persons present within an imaging range of the image captured by the imaging device installed in the area, the second characteristic information being obtained by analyzing the image; and
correct, for the plurality of areas for which the estimation is made, the estimation of the first characteristic information, based on a result of the verification, using a ratio of a surface area of the area in which the imaging device is installed, for which the estimation of the first characteristic information is made, and a surface area of the imaging range of the image captured by the imaging device.
are recited at a high level of generality. These elements amount to transmitting data and are well understood, routine, conventional activity. See MPEP 2106.05(d), subsection II. 10 As discussed in Step 2A, Prong Two above, the recitation of a processor to perform limitations amounts to no more than mere instructions to apply the exception using a generic computer component. Even when considered in combination, these additional elements represent mere instructions to implement an abstract idea or other exception on a computer and insignificant extra-solution activity, which do not provide an inventive concept. (Step 2B: NO).
Dependent claims 4-10, 12-15 are not directed to any additional claim elements. Rather, these claims offer further descriptive limitations of elements found in the independent claims. In this case, the claims are rejected for the same reasons at step 2a, prong one; step 2a, prong 2; and step 2b. Thus, the claim is not patent eligible.
Regarding the dependent claims, dependent claims 4-6, 9, 14 recite a processor to perform estimations; claims 8, 13 recite a processor to correct estimations; claims 10, 15 recite a processor to collect signals estimations; claims 12 recite a processor to generate and verify information, perform estimations; The dependent claims 4-10, 12-15 recite limitations that are not technological in nature and merely limits the abstract idea to a particular environment. Claims 4-10, 12-15 recites memory, processor, apparatus, signal, device, computer-readable medium which are considered an insignificant extra-solution activities of collecting and analyzing data; see MPEP 2106.05(g). Claims 4-10, 12-15 recites memory, processor, apparatus, signal, device, computer-readable medium, which merely recites an instruction to apply the abstract idea using a generic computer component; MPEP 2106.05(f). Additionally, claims 4-10, 12-15 recite steps that further narrow the abstract idea. No additional elements are disclosed in the dependent claims that were not considered in independent claims 1, 11, 16, and 17. Therefore claims 4-10, 12-15 do not provide meaningful limitations to transform the abstract idea into a patent eligible application of the abstract idea such that the claims amount to significantly more than the abstract idea itself.
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, 5-11, and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over United States Patent Publication US 20100318419, Vieri, to hereinafter Vieri in view of United States Patent Publication US 20190333241, Yano, et al.
Referring to Claim 1, Vieri teaches a characteristic information generating apparatus comprising:
acquire signals from one or more terminal devices in a plurality of areas for which an estimation is made (
Vieri : Sec. 0007, there are sufficiently reliable statistical data that can be used to determine the number of users per day…it is possible to provide transmission schedules for the advertising message and detailed reports on the locations
Vieri: Sec. 0018, detection tool to count the number of attendees and to compare
Vieri: Sec. 0033, Passive users are those attendees of facilities having installed ADT terminals who become targets of the advertisements delivered by the central system and who are analyzed by means of one or more video cameras in order to generate a statistical report of the effective hits.
Vieri: Sec. 0036, transmitting the acquired data to the server; analyzing and processing the acquired data;
plurality of areas
Vieri: Sec. 0007, it is possible to provide transmission schedules for the advertising message and detailed reports on the locations to which the advertising message is delivered, and to trace a profile of the users.
Vieri: Sec. 0032, the system includes one or more advertising display terminals (hereinafter simply referred to as ADTs) installed at commercial shops or other hosting locations. The ADT terminals can include a wireless networking peripheral device of either a Wi-Fi® type (internal mini PCI card) or a mobile HSDPA/UMTS/GPRS EDGE type (PCMCIA card), which provides for the connection of the terminal to the Internet. The ADTs can have installed an operating system which can run a minimal graphics management program, and the same ADT can include one or more video cameras integrated and/or either wired or wirelessly connected to the terminal along with people-counting software.);
acquire an image captured by a device in one of the areas for which the estimation is made (
Vieri: Sec. 0018, Therefore, the system can detect all the owners of mobile phones within a certain range from the receiver apparatus of the terminal. Acquired data are saved and then compared with those from an image detection system.);
a first memory storing first instructions (
Vieri: Sec. 0052, at least one processor; at least one Internet-connection module; at least one supply connection; at least one operating system; a video card; a Wi-Fi® module; a Bluetooth® module; at least one video camera; people-counting computer program to determine the number and characteristics of the attendees;);
and
a first processor configured to execute the first instructions to:
perform an estimation of first characteristic information pertaining to persons present within each of the plurality of areas for which the estimation is made, based on first information obtained by tallying the signals transmitted from the one or more terminal devices in the plurality of areas and second information which is statistical information pertaining to a number of persons in the plurality of areas (
Vieri: Sec. 0018, number of attendees and to compare it with that detected by an optional video camera. Therefore, the system can detect all the owners of mobile phones within a certain range from the receiver apparatus of the terminal. Acquired data are saved and then compared with those from an image detection system. Because Bluetooth® devices can be identified by their codes
Vieri: Sec. 0020, individuals identified as eligible by the system (for example, all the individuals having watched the screen of the terminal or only the individuals who are adult in age, etc.). In this specific case, the invention can be characterized not only by the analysis and determination of the number of hits, but also by a potential interaction therewith that occurs through other means external to the terminal.
Vieri: Sec. 0023, Attendees are identified by a software program containing specialized algorithms; the software can also include the ability to recognize attendees by age characteristics and gender… if there are only male attendees near the terminal at a given time, the system can present a targeted advertisement as planned by an advertiser, based on a schedule which is changed according to who is in the proximity of the terminal.
Vieri: Sec. 0033, Passive users are those attendees of facilities having installed ADT terminals who become targets of the advertisements delivered by the central system and who are analyzed by means of one or more video cameras in order to generate a statistical report of the effective hits.
Vieri: Sec. 0045, analysis of attendees by a biometric recognition system to determine further useful characteristics of the individuals.
Vieri: Sec. 0052, at least one video camera; people-counting computer program to determine the number and characteristics of the attendees.
Vieri: Sec. 0007, there are sufficiently reliable statistical data that can be used to determine the number of users per day
Vieri: Sec. 0067, The acquired information is transmitted to a database 408 and processed into statistical reports 410 used to determine the cost per hit for the advertisers 412.
plurality of areas
Vieri: Sec. 0007, it is possible to provide transmission schedules for the advertising message and detailed reports on the locations to which the advertising message is delivered, and to trace a profile of the users.
Vieri: Sec. 0032, the system includes one or more advertising display terminals (hereinafter simply referred to as ADTs) installed at commercial shops or other hosting locations. The ADT terminals can include a wireless networking peripheral device of either a Wi-Fi® type (internal mini PCI card) or a mobile HSDPA/UMTS/GPRS EDGE type (PCMCIA card), which provides for the connection of the terminal to the Internet. The ADTs can have installed an operating system which can run a minimal graphics management program, and the same ADT can include one or more video cameras integrated and/or either wired or wirelessly connected to the terminal along with people-counting software.);
Vieri describes the determining by estimating the attendees, which includes analyzing the number of attendees in an area, as well as the number of attendees and their attributes via imaging.
perform verification of the estimated first characteristic information estimated for, among the plurality of areas for which the estimation is made, the area in which the imaging device is installed, based on second characteristic information pertaining to a number of persons present within an imaging range of the image captured by the imaging device installed in the area, the second characteristic information being obtained by analyzing the image; (
Vieri: Sec. 0018, Therefore, the system can detect all the owners of mobile phones within a certain range from the receiver apparatus of the terminal. Acquired data are saved and then compared with those from an image detection system.
Vieri: Sec. 0019, The analysis from the Bluetooth® system can be combined with the analysis from the video camera to extrapolate definitive data in terms of the number of effective hits, at which time the cost set by the advertiser is charged.
Vieri: Sec. 0020, the terminal can be configured to receive and verify the number of mobile phones present within a certain range.
plurality of areas
Vieri: Sec. 0007, it is possible to provide transmission schedules for the advertising message and detailed reports on the locations to which the advertising message is delivered, and to trace a profile of the users.
Vieri: Sec. 0032, the system includes one or more advertising display terminals (hereinafter simply referred to as ADTs) installed at commercial shops or other hosting locations. The ADT terminals can include a wireless networking peripheral device of either a Wi-Fi® type (internal mini PCI card) or a mobile HSDPA/UMTS/GPRS EDGE type (PCMCIA card), which provides for the connection of the terminal to the Internet. The ADTs can have installed an operating system which can run a minimal graphics management program, and the same ADT can include one or more video cameras integrated and/or either wired or wirelessly connected to the terminal along with people-counting software.);
correct the estimation of the first characteristic information, based on a verification result of the verification. (
Vieri: Sec. 0019, The analysis from the Bluetooth® system can be combined with the analysis from the video camera to extrapolate definitive data in terms of the number of effective hits, at which time the cost set by the advertiser is charged.
Vieri: Sec. 0020, the terminal can be configured to receive and verify the number of mobile phones present within a certain range, as well as to transmit preset advertising information, by transferring such data via Bluetooth® to all the individuals who are in the proximity of the terminal and recognized as eligible to receive a certain message.
Vieri and Yano both teaches
acquire an image captured by a device in one of the areas for which the estimation is made; correct the estimation of the first characteristic information,
Vieri does not explicitly teach correct, for the plurality of areas for which the estimation is made, the estimation of the first characteristic information, using a ratio of a surface area of the area in which the imaging device is installed, for which the estimation of the first characteristic information is made, and a surface area of the imaging range of the image captured by the imaging device.
However, Yano teaches
acquire an image captured by an imaging device installed in one of the areas for which the estimation is made (
Yano: Sec. 0055, The crowd number-of-people estimation unit 240 estimates the number of people (the number of persons) in an image acquired by the image capturing device 101. As a method for estimating the number of people in an image,
correct, for the plurality of areas for which the estimation is made, the estimation of the first characteristic information, based on a result of the verification, using a ratio of a surface area of the area in which the imaging device is installed, for which the estimation of the first characteristic information is made, and a surface area of the imaging range of the image captured by the imaging device (
Yano: Sec. 0055, The crowd number-of-people estimation unit 240 estimates the number of people (the number of persons) in an image acquired by the image capturing device 101. As a method for estimating the number of people in an image,
Yano: Sec. 0088, After counting of the positions of persons is completed for all the image capturing devices 101 to 10 n, the integration counting unit 500 normalizes, for each image-capturing area, the counting result (the number of target objects) on the basis of the degree of overlapping about the image capturing devices 101 to 10 n (S44). This is because an image of the same person is captured a plurality of times and is counted a plurality of times in a case where image capturing is performed on a certain region by a plurality of image capturing devices, and the number of persons needs to be corrected. When normalization is performed, for each of the regions on the map for which counting is performed, the identification numbers of image capturing devices are used. For example, in a case where the identification number IDs recorded in a certain region are 1 and 2, it is indicated that two image capturing devices perform image capturing on the region in an overlapping manner, and thus the counting result is divided by two. That is, the counting result of a certain region is corrected by being divided by the number of image capturing devices performing image capturing on the region. The integration counting unit 500 displays, on the image of each region on the map, the density of persons (target objects) in the region on the basis of the corrected counting result to generate an analysis result (S45).
Yano: Sec. 0092, Thus, even in a case where installation states (the size of a monitoring area of each surveillance camera) of a plurality of image capturing devices (surveillance cameras) are different from each other, the positions of persons acquired from the image capturing devices can be integrated, and the people densities of the image-capturing areas (monitoring areas) of the image capturing devices can be compared with each other. According to the present exemplary embodiment, even in a case where the installation states differ between the surveillance cameras, people density comparison can be performed, and even in a wide area that cannot be covered by one camera, the entire wide area can be viewed from above and its people crowded state can be grasped.
Yano describes correcting of the estimation of attributes in several areas and comparing people and areas, in which the Examiner interpreting this as using ratios similar to the Applicant’s spec. at 0046.
Vieri and Yano are both directed to the analysis of groups of people (See Vieri at 0008, 0011, 0022, 0029; Yano at 0002, 0028, 0041, 0055). Vieri discloses that additional elements, such as Bluetooth devices can be considered (See Vieri at 0018). It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Vieri, which teaches detecting and repairing collected information technology problems in view of Yano, to efficiently apply analysis of groups of people to improving the processing of determining persons in an area . (See Yano at 0062, 0065-0068, 0071).
Referring to Claim 5, Vieri teaches the characteristic information generating apparatus according to claim 1, wherein the second information includes information for identifying a number of persons present within the plurality of areas for each attribute, and the first processor is configured to execute the first instructions to perform the estimation of the first characteristic information for each attribute (
Vieri: Sec. 0018, number of attendees and to compare it with that detected by an optional video camera. Therefore, the system can detect all the owners of mobile phones within a certain range from the receiver apparatus of the terminal. Acquired data are saved and then compared with those from an image detection system. Because Bluetooth® devices can be identified by their codes.
Vieri: Sec. 0020, a message to be sent to the mobile phones of individuals identified as eligible by the system (for example, all the individuals having watched the screen of the terminal or only the individuals who are adult in age, etc.). In this specific case, the invention can be characterized not only by the analysis and determination of the number of hits, but also by a potential interaction therewith that occurs through other means external to the terminal.
Vieri: Sec. 0023, Attendees are identified by a software program containing specialized algorithms; the software can also include the ability to recognize attendees by age characteristics and gender… if there are only male attendees near the terminal at a given time, the system can present a targeted advertisement as planned by an advertiser, based on a schedule which is changed according to who is in the proximity of the terminal.
Vieri: Sec. 0033, Passive users are those attendees of facilities having installed ADT terminals who become targets of the advertisements delivered by the central system and who are analyzed by means of one or more video cameras in order to generate a statistical report of the effective hits.
Vieri: Sec. 0093, the face feature value register 72 evaluates the probability that the faces are the same based on the distance between feature values.
plurality of areas
Vieri: Sec. 0007, it is possible to provide transmission schedules for the advertising message and detailed reports on the locations to which the advertising message is delivered, and to trace a profile of the users.
Vieri: Sec. 0032, the system includes one or more advertising display terminals (hereinafter simply referred to as ADTs) installed at commercial shops or other hosting locations. The ADT terminals can include a wireless networking peripheral device of either a Wi-Fi® type (internal mini PCI card) or a mobile HSDPA/UMTS/GPRS EDGE type (PCMCIA card), which provides for the connection of the terminal to the Internet. The ADTs can have installed an operating system which can run a minimal graphics management program, and the same ADT can include one or more video cameras integrated and/or either wired or wirelessly connected to the terminal along with people-counting software.);
Vieri describes the determining by estimating the attendees, which includes analyzing the number of attendees in areas, as well as the number of attendees and their multiple attributes.
Referring to Claim 6, Vieri teaches the characteristic information generating apparatus according to claim 1, wherein
the second information includes information for identifying a number of persons present within the plurality of areas in each time range for each attribute, and the first processor is configured to execute the first instructions to perform the estimation of the first characteristic information for each attribute and for each time range (
Vieri: Sec. 0023, if there are only male attendees near the terminal at a given time, the system can present a targeted advertisement as planned by an advertiser, based on a schedule which is changed according to who is in the proximity of the terminal.
plurality of areas
Vieri: Sec. 0007, it is possible to provide transmission schedules for the advertising message and detailed reports on the locations to which the advertising message is delivered, and to trace a profile of the users.
Vieri: Sec. 0032, the system includes one or more advertising display terminals (hereinafter simply referred to as ADTs) installed at commercial shops or other hosting locations. The ADT terminals can include a wireless networking peripheral device of either a Wi-Fi® type (internal mini PCI card) or a mobile HSDPA/UMTS/GPRS EDGE type (PCMCIA card), which provides for the connection of the terminal to the Internet. The ADTs can have installed an operating system which can run a minimal graphics management program, and the same ADT can include one or more video cameras integrated and/or either wired or wirelessly connected to the terminal along with people-counting software.).
Vieri describes the determining by estimating the attendees, which includes analyzing the number of attendees in areas, as well as the number of attendees and their multiple attributes that are present within a giving time.
Referring to Claim 7, Vieri teaches the characteristic information generating apparatus according to claim 1, wherein the first information indicates a number of persons present in the plurality of areas and carrying the one or more terminal devices (
Vieri: Sec. 0018, number of attendees and to compare it with that detected by an optional video camera. Therefore, the system can detect all the owners of mobile phones within a certain range from the receiver apparatus of the terminal. Acquired data are saved and then compared with those from an image detection system. Because Bluetooth® devices can be identified by their codes,
Vieri: Sec. 0033, Passive users are those attendees of facilities having installed ADT terminals who become targets of the advertisements delivered by the central system and who are analyzed by means of one or more video cameras in order to generate a statistical report of the effective hits.
plurality of areas
Vieri: Sec. 0007, it is possible to provide transmission schedules for the advertising message and detailed reports on the locations to which the advertising message is delivered, and to trace a profile of the users.
Vieri: Sec. 0032, the system includes one or more advertising display terminals (hereinafter simply referred to as ADTs) installed at commercial shops or other hosting locations. The ADT terminals can include a wireless networking peripheral device of either a Wi-Fi® type (internal mini PCI card) or a mobile HSDPA/UMTS/GPRS EDGE type (PCMCIA card), which provides for the connection of the terminal to the Internet. The ADTs can have installed an operating system which can run a minimal graphics management program, and the same ADT can include one or more video cameras integrated and/or either wired or wirelessly connected to the terminal along with people-counting software.).
Referring to Claim 8, Vieri teaches the characteristic information generating apparatus according to claim 1, wherein the first processor is configured to execute the first instructions to the correct the estimated first characteristic information using the result of the verification (
Vieri: Sec. 0018, Therefore, the system can detect all the owners of mobile phones within a certain range from the receiver apparatus of the terminal. Acquired data are saved and then compared with those from an image detection system.
Vieri: Sec. 0019, The analysis from the Bluetooth® system can be combined with the analysis from the video camera to extrapolate definitive data in terms of the number of effective hits, at which time the cost set by the advertiser is charged.
Vieri: Sec. 0020, the terminal can be configured to receive and verify the number of mobile phones present within a certain range.).
Vieri describes the determining by estimating the attendees, which includes analyzing attendees in an area, and comparing and updating the count of attendees and attributes.
Referring to Claim 9, Vieri teaches the characteristic information generating apparatus according to claim 1, wherein
the first processor is configured to execute the first instructions to:
when performing the estimation of the first characteristic information, use, as the second information, statistical information selected from among a plurality of pieces of statistical information pertaining to persons in the plurality of areas, and correct the estimation of the first characteristic information by selecting statistical information used as the second information, based on the result of the verification. (
Vieri: Sec. 0023, The detection and analysis of the individuals who are present when a message is presented are carried out by one or more devices connected to the remote terminal. Attendees are identified by a software program containing specialized algorithms; the software can also include the ability to recognize attendees by age characteristics and gender. If an advertiser selects such a criterion, the advertising message can be delivered according to the type of attendees. For example, if there are only male attendees near the terminal at a given time, the system can present a targeted advertisement as planned by an advertiser, based on a schedule which is changed according to who is in the proximity of the terminal. However, the same type of analysis allows the advertiser to effectively pay a cost that is established according to the criteria specified by the advertiser, such as for example age and/or gender. Similarly, it is possible to count the attendees who visualize a certain form of advertising. Furthermore, by analyzing the facility, it is also possible to verify whether the information provided by the owner of the facility, such as for example type of business, approximate number of hits, etc., are accurate or unreliable.
plurality of areas
Vieri: Sec. 0007, it is possible to provide transmission schedules for the advertising message and detailed reports on the locations to which the advertising message is delivered, and to trace a profile of the users.
Vieri: Sec. 0032, the system includes one or more advertising display terminals (hereinafter simply referred to as ADTs) installed at commercial shops or other hosting locations. The ADT terminals can include a wireless networking peripheral device of either a Wi-Fi® type (internal mini PCI card) or a mobile HSDPA/UMTS/GPRS EDGE type (PCMCIA card), which provides for the connection of the terminal to the Internet. The ADTs can have installed an operating system which can run a minimal graphics management program, and the same ADT can include one or more video cameras integrated and/or either wired or wirelessly connected to the terminal along with people-counting software.).
Vieri describes the determining by estimating the attendees, which includes analyzing attendees in areas, and comparing and updating the count of attendees and attributes with the use of selected statistical data and algorithms.
Referring to Claim 10, Vieri teaches the characteristic information generating apparatus according to claim 1, wherein the first processor is further configured to execute the first instructions to collect signals transmitted from the one or more terminal devices and generate the first information by tallying the signals collected in the plurality of areas (
Vieri: Sec. 0020, a message to be sent to the mobile phones of individuals identified as eligible by the system (for example, all the individuals having watched the screen of the terminal or only the individuals who are adult in age, etc.). In this specific case, the invention can be characterized not only by the analysis and determination of the number of hits, but also by a potential interaction therewith that occurs through other means external to the terminal.
Vieri: Sec. 0023, The detection and analysis of the individuals who are present when a message is presented are carried out by one or more devices connected to the remote terminal. Attendees are identified by a software program containing specialized algorithms; the software can also include the ability to recognize attendees by age characteristics and gender. If an advertiser selects such a criterion, the advertising message can be delivered according to the type of attendees. For example, if there are only male attendees near the terminal at a given time, the system can present a targeted advertisement as planned by an advertiser, based on a schedule which is changed according to who is in the proximity of the terminal.
Vieri: Sec. 0033, Passive users are those attendees of facilities having installed ADT terminals who become targets of the advertisements delivered by the central system and who are analyzed by means of one or more video cameras in order to generate a statistical report of the effective hits.
Vieri: Sec. 0068, The attendees are counted 508 and data gathered into a database
plurality of areas
Vieri: Sec. 0007, it is possible to provide transmission schedules for the advertising message and detailed reports on the locations to which the advertising message is delivered, and to trace a profile of the users.
Vieri: Sec. 0032, the system includes one or more advertising display terminals (hereinafter simply referred to as ADTs) installed at commercial shops or other hosting locations. The ADT terminals can include a wireless networking peripheral device of either a Wi-Fi® type (internal mini PCI card) or a mobile HSDPA/UMTS/GPRS EDGE type (PCMCIA card), which provides for the connection of the terminal to the Internet. The ADTs can have installed an operating system which can run a minimal graphics management program, and the same ADT can include one or more video cameras integrated and/or either wired or wirelessly connected to the terminal along with people-counting software.).
Claims 11 and 15 recite limitations that stand rejected via the art citations and rationale applied to claims 1 and 7. Regarding a characteristic information generating system comprising:
the characteristic information generating apparatus according to claim 1; a tallying apparatus comprising a second memory storing second instructions and a second processor configured to execute the second instructions (
Vieri: Sec. 0020, the terminal can be configured to receive and verify the number of mobile phones present within a certain range, as well as to transmit preset advertising information, by transferring such data via Bluetooth® to all the individuals who are in the proximity of the terminal
Vieri: Sec. 0036, analyzing the attendees and determining the number of effective hits with respect to persons who have visualized the advertising message during a given time frame by means of a video camera; transmitting the acquired data to the server; analyzing and processing the acquired data; and charging the cost of the advertising message based both on the cost per hit and on the characteristics of the recipients.
Vieri: Sec. 0067, The acquired information is transmitted to a database 408 and processed into statistical reports )
Claims 16 and 17 recite limitations that stand rejected via the art citations and rationale applied to claim 1. Regarding Vieri teaches a non-transitory computer-readable medium storing a program that causes a computer to perform the processes (
Vieri: Sec. 0072, A software module may reside in random access memory (RAM), flash memory, read-only memory (ROM), programmable read-only memory (PROM), erasable programmable read-only memory (EPROM), electronically erasable programmable read-only memory (EEPROM), registers, hard disk, a removable disk, a compact disc (CD) ROM, or any other form of storage medium known or developed in the art. An exemplary storage medium is coupled to the processor such that the processor can read information from, and write information to, the storage medium. In the alternative, the storage medium may be integral to the processor. The processor and the storage medium may reside in an application specific integration circuit (ASIC). The ASIC may reside in a computing device, a user terminal, or a telephone. In the alternative, the processor and the storage medium may reside as discrete components in a computing device, user terminal, or telephone.)
Claims 4 and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over United States Patent Publication US 20100318419, Vieri, to hereinafter Vieri in view of United States Patent Publication US 20190333241, Yano, et al. to hereinafter Yano in view of United States Patent Publication US 20190012547, Togashi, et al.
Referring to Claim 4, Vieri teaches the characteristic information generating apparatus according to claim 4, Vieri in view of Yano does explicitly teach wherein the first processor is configured to execute the first instructions to perform the estimation of the first characteristic information for a plurality of areas for which the estimation is made that are partitioned in a mesh-like pattern.
However, Togashi teaches wherein the first processor is configured to execute the first instructions to perform the estimation of the first characteristic information for a plurality of areas for which the estimation is made that are partitioned in a mesh-like pattern (
Togashi: Sec. 0061, FIG. 5 exemplifies a case where each floor is divided into six areas. The number of people in each floor is calculated by counting people flows at entrances and exits, and escalators. In an area without entrances and exits, the number of people flows in passages leading to that area is counted using dome camera images, and then the number of people is calculated. In an area where the number of people flows cannot be accurately counted, the number of people estimated is calculated based on the number of people in a floor and the number of people in an area where counting is possible.
Togashi: Sec. 0100, Characteristics of people are observed not by a simple, distribution but by a mixture of a plurality of distributions, that is, can be classified into a plurality of categories (clusters).).
Togashi describes estimating multiple areas for the number of people and their attributes as the move, which would include different areas.
Vieri, Yano, and Togashi are all directed to the analysis of groups of people (See Vieri at 0008, 0011, 0022, 0029; Yano at 0002, 0028, 0041, 0055; Togashi at 0025, 0039, 0044, 0045). Vieri discloses that additional elements, such as Bluetooth devices can be considered (See Vieri at 0018). It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Vieri in view of Yano, which teaches detecting and repairing collected information technology problems in view of Togashi, to efficiently apply analysis of groups of people to enhancing the capability to estimating areas of people congestion and attributes . (See Togashi at 0005, 0062, 0100).
Referring to Claim 12, Vieri teaches the characteristic information generating apparatus according to claim 11, wherein the second processor is configured to execute the second instructions to generate the first information for each of a plurality of areas for which the estimation is made, the first processor is configured to execute the first instructions to perform the estimation of the first characteristic information for the plurality of areas for which an estimation is made (
Vieri : Sec. 0007, there are sufficiently reliable statistical data that can be used to determine the number of users per day…it is possible to provide transmission schedules for the advertising message and detailed reports on the locations
Vieri: Sec. 0018, detection tool to count the number of attendees and to compare),
Vieri in view of Yano does explicitly teach the first processor is configured to execute the first instructions to verify the first characteristic information estimated for, among the plurality of areas for which the estimation is made, an area in which the imaging device is installed, based on the first characteristic information and second characteristic information estimated for the area in which the imaging device is installed.
However, Togashi teaches the first processor is configured to execute the first instructions to verify the first characteristic information estimated for, among the plurality of areas for which the estimation is made, an area in which the imaging device is installed, based on the first characteristic information and second characteristic information estimated for the area in which the imaging device is installed. (
Togashi: Sec. 0095, The low-dimensional feature value DB 73 stores low-dimensional feature values of faces detected by a plurality of cameras, time information (frame IDs), and sets of camera IDs in recording locations (indexes or key values) determined by space indexes of the low-dimensional feature values. The faces captured by all the cameras in the system are thus collected in one location.
Togashi: Sec. 0097, A live verifier 75 verifies the limited number of faces at high speed (in real time). For example, the live verifier 75 holds high-dimensional feature values of lists of known VIP customers or known suspicious persons in a memory. Every time when any high-dimensional feature value is detected by the face detector 67, the live verifier 75 performs verification in the memory using linear search. The live verifier 75 also includes lists for low-dimensional feature values and performs linear search. If there is any match (feature values are similar to each other), the live verifier 75 may instruct the face detector 67 to calculate the high-dimensional feature value
Togashi: Sec. 0098, The spatial congestion level estimation device 76 basically calculates the number of people in each floor or area (the average people density in each floor) based on the counting result of the people flow counter 70 and applies the local number of people (the people density) estimated in the in-view congestion level estimation device 68 to the number of people calculated, thus estimating the people density distribution of that floor in each floor. ).
Togashi describes verify feature values which are values of attributes in multiple areas.
Vieri, Yano, and Togashi are all directed to the analysis of groups of people (See Vieri at 0008, 0011, 0022, 0029; Yano at 0002, 0028, 0041, 0055; Togashi at 0025, 0039, 0044, 0045). Vieri discloses that additional elements, such as Bluetooth devices can be considered (See Vieri at 0018). It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Vieri in view of Yano, which teaches detecting and repairing collected information technology problems in view of Togashi, to efficiently apply analysis of groups of people to enhancing the capability to estimating areas of people congestion and attributes . (See Togashi at 0005, 0062, 0100).
Referring to Claim 13, Vieri teaches the characteristic information generating apparatus according to 12, Vieri in view of Yano does explicitly teach wherein the first processor is configured to execute the first instructions to correct, for the plurality of areas for which the estimation is made, the estimation of the first characteristic information based on the result of the verification.
However, Togashi teaches wherein the first processor is configured to execute the first instructions to correct, for the plurality of areas for which the estimation is made, the estimation of the first characteristic information based on the result of the verification (
Togashi: Sec. 0004, a corrected distribution information generator that generates corrected distribution information including corrected stay frequency of the moving object based on a detection result of the traffic-line missing position detector, and a heat map generator that generates the heat map based on the corrected distribution).
Vieri, Yano, and Togashi are all directed to the analysis of groups of people (See Vieri at 0008, 0011, 0022, 0029; Yano at 0002, 0028, 0041, 0055; Togashi at 0025, 0039, 0044, 0045). Vieri discloses that additional elements, such as Bluetooth devices can be considered (See Vieri at 0018). It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Vieri in view of Yano, which teaches detecting and repairing collected information technology problems in view of Togashi, to efficiently apply analysis of groups of people to enhancing the capability to estimating areas of people congestion and attributes . (See Togashi at 0005, 0062, 0100).
Claim 4 recites limitations that stand rejected via the art citations and rationale applied to claim 14.
Response to Arguments
Applicant’s arguments filed 09/16/2025 have been fully considered but they are not persuasive. Applicant’s arguments will be addressed hereinbelow in the order in which they appear in the response filed 09/16/2025.
Regarding the 35 U.S.C. 103 rejection, at pg. 9-12, Applicant’s arguments with respect to claims has been considered but are moot in view of the new grounds of rejection.
Regarding the 35 U.S.C. 101 rejection, at pg. 12-15 Applicant argues with respect to claims at issue are not directed to an abstract idea
In response to the 35 USC § 101 claim rejection argument, the Examiner respectfully disagrees. The Examiner did consider each claim and every limitation both individually and as a whole, since the grounds of rejection clearly indicates that an abstract idea has been identified from elements recited in the claims. Using the two-part analysis, the Office has determined there are no elements, in the claim sufficient enough to ensure that the claims amounts to significantly more than the abstract idea itself. As recited, the claims are directed towards:
a characteristic information generating apparatus comprising:
a first memory storing first instructions;
a first processor configured to execute the first instructions to:
acquire signals from one or more terminal devices in a plurality of areas for which an estimation is made;
acquire an image captured by an imaging device installed in one of the areas for which the estimation is made;
perform an estimation of first characteristic information pertaining to persons present within each of the plurality of areas for which the estimation is made, based on first information obtained by tallying the signals transmitted from the one or more terminal devices in the plurality of areas and second information which is statistical information pertaining to a number of persons in the plurality of areas;
perform verification of the estimated first characteristic information estimated for, among the plurality of areas for which the estimation is made, the area in which the imaging device is installed, based on second characteristic information pertaining to a number of persons present within an imaging range of the image captured by the imaging device installed in the area, the second characteristic information being obtained by analyzing the image; and
correct, for the plurality of areas for which the estimation is made, the estimation of the first characteristic information, based on a result of the verification, using a ratio of a surface area of the area in which the imaging device is installed, for which the estimation of the first characteristic information is made, and a surface area of the imaging range of the image captured by the imaging device.
The claim(s) does not include additional elements that are sufficient to amount to significantly more than the judicial exception because the computer as recited is a generic computer component that performs functions.
Examiner finds the claim recite concepts which are now described in the 2019 PEG as certain methods of organizing human activity. In particular the claims recites limitations for managing people information in an area, which constitutes methods related to managing personal behavior such as social activities and following rules or instructions which are still considered an abstract idea under the 2019 PEG. The device or terminal are comprised of generic computer elements to perform an existing business process. Examiner finds the claims recite mere instructions to implement the abstract idea on a computer and uses the computer as a tool to perform the abstract idea without reciting any improvements to a technology, technological process or computer-related technology.
Regarding, the steps at pg. 14 that Applicant points to as practical application and significantly more are merely narrowing the abstract idea to a particular technological environment, which has been found to be ineffective to render an abstract idea eligible. Furthermore, the Examiner respectfully disagrees because the steps and arguments at pg. 14:
“As discussed in Background Art section of the specification, related methods rely on terminal signals alone, which miss non-carriers of a terminal device and lack verification; or widespread camera installations, which are costly and require extensive processing resources. By contrast, the claimed embodiment integrates tallying signals, statistical data, image analysis for verification, and a correction that provides a precise, scalable estimate without the drawbacks of the related methods. Thus, as demonstrated by the present specification, the claimed embodiment recites a direct technological improvement over the related methods, and provides a practical application for any purported abstract idea.”
seems to describe a “particular way” of managing people information in an area “ The Applicant is basically relying on the system elements as integrating the abstract idea into a practical application but those system elements aren't really utilized in any particular manner.
Additionally, the Examiner would like to point the Applicant to the 2019 PEG, in which implementing services on behalf of a provider will fall under. The 2019 PEG which states:
Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f).
Adding insignificant extra-solution activity to the judicial exception - see MPEP 2106.05(g)
Generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h)
Furthermore, the remaining arguments are moot in view of the revised 101 rejection
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Oami et al., U.S. Pub. 20190035093, (discussing the analyzing of crowd density).
Saptharishi et al., W.O. Pub. 2009111499, (discussing the tracking of humans).
Zin et al., Unattended Object Intelligent Analyzer For Consumer Video Surveillance, https://ieeexplore.ieee.org/stamp/stamp.jsp?tp=&arnumber=5955191, IEEE Transactions on Consumer Electronics, 2011 (discussing the surveillance of consumers).
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.
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UCHE BYRD
Examiner
Art Unit 3624
/PATRICIA H MUNSON/Supervisory Patent Examiner, Art Unit 3624