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 .
Response to Arguments
Applicant's arguments filed 02 September 2025 have been fully considered but they are not persuasive.
The Applicant argues that Lynch et al. fails to disclose “wherein, in the absence of the at least one detected object in the one or more image frames comprising the video data, the video stream image frames include only the predetermined content.” The Examiner respectfully disagrees. Lynch et al. discloses a video driver for receiving video frames from a video capturing device, a video formatting component that creates formatted frames that include a region of interest overlayed on a simulated background, and a video codec for compressing the formatted video frames (Fig. 3; paragraph [0004]). According to Fig. 3, the simulated background 336 is always generated in step 224 and combined with the region of interest in step 222. However, if no region of interest if found, then the frame 334 would be blank and the overlay module 334 would produce a frame 338 looking exactly like frame 336. Furthermore, it is well-known in the art to keep the frames per second in the video stream continuous by adding empty frames to a stream to replace frames with no added value instead of just dropping those frames to ensure there are no video discontinuities and to reduce bandwidth, as supported by Edpalm et al. (U.S. Patent Application Publication 2022/0138468) (paragraph [0022] - a further advantage of embodiments herein is that the bandwidth required for transmitting the stream of images is reduced compared to other methods of transmitting privacy-masked video - this is so because the amount of data needed to represent the empty frame is considerably less than the amount of data needed to represent a frame originating from the sensor, and even less than a copy of such a frame). Therefore, Lynch et al. meets the claimed limitations when following the flowcharts and the rejection is maintained.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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, 2, 4-7, and 9-16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lynch et al. (U.S. Patent Application Publication 2010/0111196).
Regarding claim 1, Lynch et al. discloses a computer-implemented method in a processor device of a camera (Figs. 2, 3, and 8), the method comprising: acquiring one or more image frames comprising video data (Fig. 8; paragraph [0046] – at an illustrative step 810, a video frame is received), communicating with a receiver device for continuously transmitting a video stream to the receiver device over a communication network (Fig. 2 – video communication component 216; paragraph [0034] – video communication component 216 can include hardware, software, firmware, and the like and generally allows for video frames (e.g., encoded video frames) to be communicated to other devices); detecting at least one object in the one or more image frames comprising the video data to identify at least one detected object that belongs to at least one predetermined object class selected as surveillance target (Fig. 8; paragraph [0046] - at step 812, a region of interest of the video frame is identified – the region of interest includes or corresponds to one or more features that are to be emphasized – for example, in an embodiment, the features can include the hands and face of a user – in another embodiment the features may just include a user’s face or some other object – in embodiments, the region of interest can be identified by any number of feature detection and/or edge detection techniques); cropping one or more sub-areas in the one or more image frames comprising the video data to provide one or more cropped sub-areas including the at least one detected object (Figs. 3 and 8; paragraph [0047] – at step 814, a feature mask that includes the region of interest is created – the feature mask is used, at step 816, to create a cropped video frame by cropping the video frame such that only the region of interest remains), and adding the one or more cropped sub-areas to video stream image frames being continuously transmitted as a single video stream to the receiver device (Figs. 3 and 8; paragraph [0034] – video communication component 216 can include hardware, software, firmware, and the like and generally allows for video frames (e.g., encoded video frames) to be communicated to other devices; paragraph [0047] – at a final illustrative step 520, the cropped video frame is overlayed on a simulated background), wherein a remaining area of the video stream image frames, which is an area other than the one or more cropped sub-areas added to the video stream image frames, incudes predetermined content (Fig. 3; paragraph [0032] – using a simulated background can save processing power because simpler background images with limited color variance can be utilized, which are less computationally intensive to encode than are more natural or colorful images – for example, substantial power (and thus time) can be saved in some embodiments by using a solid color as the simulated background – with no fluctuations in color, encoding the background would be rather straightforward and not very processing-intensive when encoded by many types of standard encoders – of course, backgrounds of multiple colors can also be used - the more colors that are used, however, may increase the processing power and time associated with encoding the video frames), and wherein, in the absence of the at least one detected object in the one or more image frames comprising the video data, the video stream image frames include only the predetermined content (Fig. 3; paragraph [0004]; paragraph [0032] – using a simulated background can save processing power because simpler background images with limited color variance can be utilized, which are less computationally intensive to encode than are more natural or colorful images – for example, substantial power (and thus time) can be saved in some embodiments by using a solid color as the simulated background – with no fluctuations in color, encoding the background would be rather straightforward and not very processing-intensive when encoded by many types of standard encoders – of course, backgrounds of multiple colors can also be used - the more colors that are used, however, may increase the processing power and time associated with encoding the video frames).
Regarding claim 2, Lynch et al. discloses all of the limitations as previously discussed with respect to claim 1 including that the computer-implemented method further comprises: detecting more than one object in the same image frame comprising video data, and adding cropped areas of the more than one detected object to the same image frame of the video stream (Lynch et al.: Figs. 3 and 8; paragraph [0046] – at step 812, a region of interest of the video frame is identified – the region of interest includes or corresponds to one or more features that are to be emphasized – for example, in an embodiment, the features can include the hands and face of a user – in another embodiment the features may just include a user’s face or some other object – in embodiments, the region of interest can be identified by any number of feature detection and/or edge detection techniques).
Regarding claim 4, Lynch et al. discloses all of the limitations as previously discussed with respect to claim 1 including that the computer-implemented method further comprises: scaling the one or more cropped sub-areas before adding them to the video stream (Lynch et al.: paragraph [0021] – video formatting component 214 – color processing module – color correction modules, exposure correction modules, and the like; paragraph [0026]; paragraph [0031] – it should be apparent that the cropped video frame, because it includes only the region of interest, will typically not include as many total pixels as the video frame originally contained – because many standard codes and applications are configured for handling video frames with a certain number of pixels (e.g., video frames that conform to a particular type of format), overlaying the cropped video frame on a simulated background restores the video frame to its original “size” (i.e., the original number of pixels), and thus can be more easily handled by other software and hardware modules; paragraph [0032]; paragraph [0039] – turning to Figs. 4-6, an exemplary video frame 400 at various stages in an illustrative video formatting process in accordance with an embodiment of the present invention is shown – a video frame typically includes a much larger number of pixels (i.e., higher resolution), but for brevity and clarity of explanation, video frame 400 is shown with only 100 pixels – additionally, video frames typically have aspect ratios different than the 1:1 aspect ratio illustrated in Figs. 4-6 for clarity – examples of illustrative aspect ratios of video frames include 4:3, 16:9, 2:1, and the like – examples of illustrative resolutions of video frames can include 768X576, 640x480, 320x240, 160x120, and the like – any of the various possible combinations of aspect ratios and resolutions that can be associated with video frames are considered to be within the scope of the present invention; paragraph [0041] – turning to Fig. 5, video frame 400 is illustrated and includes a border 512 of a region of interest – as shown, border 512 encloses a region of interest 520 defined by pixels located in the middle six columns 514 and in the bottom eight rows 516 – thus the remaining pixels 518 correspond to the background of the video frame – in an embodiment, an encoder (i.e., codec) can inform a decoder (e.g., another codec) that it will be providing video frames having a particular format (e.g., resolution and aspect ratio) and that only those pixels identified as being within the region of interest will be sent – accordingly, the decoder can prepare for decoding the video frame).
Regarding claim 5, Lynch et al. discloses all of the limitations as previously discussed with respect to claim 1 including that the computer-implemented method further comprises: performing at least one of color adjustment and tone mapping to the one or more cropped sub-areas before adding them to the video stream (Lynch et al.: paragraph [0021] – video formatting component 214 – color processing module – color correction modules, exposure correction modules, and the like; paragraph [0026]; paragraph [0031] – it should be apparent that the cropped video frame, because it includes only the region of interest, will typically not include as many total pixels as the video frame originally contained – because many standard codes and applications are configured for handling video frames with a certain number of pixels (e.g., video frames that conform to a particular type of format), overlaying the cropped video frame on a simulated background restores the video frame to its original “size” (i.e., the original number of pixels), and thus can be more easily handled by other software and hardware modules; paragraph [0032]; paragraph [0039] – turning to Figs. 4-6, an exemplary video frame 400 at various stages in an illustrative video formatting process in accordance with an embodiment of the present invention is shown – a video frame typically includes a much larger number of pixels (i.e., higher resolution), but for brevity and clarity of explanation, video frame 400 is shown with only 100 pixels – additionally, video frames typically have aspect ratios different than the 1:1 aspect ratio illustrated in Figs. 4-6 for clarity – examples of illustrative aspect ratios of video frames include 4:3, 16:9, 2:1, and the like – examples of illustrative resolutions of video frames can include 768X576, 640x480, 320x240, 160x120, and the like – any of the various possible combinations of aspect ratios and resolutions that can be associated with video frames are considered to be within the scope of the present invention; paragraph [0041] – turning to Fig. 5, video frame 400 is illustrated and includes a border 512 of a region of interest – as shown, border 512 encloses a region of interest 520 defined by pixels located in the middle six columns 514 and in the bottom eight rows 516 – thus the remaining pixels 518 correspond to the background of the video frame – in an embodiment, an encoder (i.e., codec) can inform a decoder (e.g., another codec) that it will be providing video frames having a particular format (e.g., resolution and aspect ratio) and that only those pixels identified as being within the region of interest will be sent – accordingly, the decoder can prepare for decoding the video frame).
Regarding claim 6, Lynch et al. discloses all of the limitations as previously discussed with respect to claim 1 including that wherein the at least one predetermined object class comprises a class with moving objects (Lynch et al.: Fig. 3; paragraph [0046] – at step 812, a region of interest of the video frame is identified – the region of interest includes or corresponds to one or more features that are to be emphasized – for example, in an embodiment, the features can include the hands and face of a user – in another embodiment the features may just include a user’s face or some other object – in embodiments, the region of interest can be identified by any number of feature detection and/or edge detection techniques; claim 7 – the region of interest comprises a region of each image comprising at least one of the person’s hands and the person’s face).
Regarding claim 7, Lynch et al. discloses all of the limitations as previously discussed with respect to claim 1 including that wherein the at least one predetermined object class comprises at least one of a people class, a vehicle class, and a biometric object class (Lynch et al.: Fig. 3; paragraph [0046] – at step 812, a region of interest of the video frame is identified – the region of interest includes or corresponds to one or more features that are to be emphasized – for example, in an embodiment, the features can include the hands and face of a user – in another embodiment the features may just include a user’s face or some other object – in embodiments, the region of interest can be identified by any number of feature detection and/or edge detection techniques; claim 7 – the region of interest comprises a region of each image comprising at least one of the person’s hands and the person’s face).
Regarding claim 9, Lynch et al. discloses all of the limitations as previously discussed with respect to claim 1 including that wherein a resolution of the video stream image frames is fixed (Lynch et al.: paragraph [0021] – video formatting component 214 – color processing module – color correction modules, exposure correction modules, and the like; paragraph [0026]; paragraph [0031] – it should be apparent that the cropped video frame, because it includes only the region of interest, will typically not include as many total pixels as the video frame originally contained – because many standard codes and applications are configured for handling video frames with a certain number of pixels (e.g., video frames that conform to a particular type of format), overlaying the cropped video frame on a simulated background restores the video frame to its original “size” (i.e., the original number of pixels), and thus can be more easily handled by other software and hardware modules; paragraph [0032]; paragraph [0039] – turning to Figs. 4-6, an exemplary video frame 400 at various stages in an illustrative video formatting process in accordance with an embodiment of the present invention is shown – a video frame typically includes a much larger number of pixels (i.e., higher resolution), but for brevity and clarity of explanation, video frame 400 is shown with only 100 pixels – additionally, video frames typically have aspect ratios different than the 1:1 aspect ratio illustrated in Figs. 4-6 for clarity – examples of illustrative aspect ratios of video frames include 4:3, 16:9, 2:1, and the like – examples of illustrative resolutions of video frames can include 768X576, 640x480, 320x240, 160x120, and the like – any of the various possible combinations of aspect ratios and resolutions that can be associated with video frames are considered to be within the scope of the present invention; paragraph [0041] – turning to Fig. 5, video frame 400 is illustrated and includes a border 512 of a region of interest – as shown, border 512 encloses a region of interest 520 defined by pixels located in the middle six columns 514 and in the bottom eight rows 516 – thus the remaining pixels 518 correspond to the background of the video frame – in an embodiment, an encoder (i.e., codec) can inform a decoder (e.g., another codec) that it will be providing video frames having a particular format (e.g., resolution and aspect ratio) and that only those pixels identified as being within the region of interest will be sent – accordingly, the decoder can prepare for decoding the video frame).
Regarding claim 10, Lynch et al. discloses all of the limitations as previously discussed with respect to claim 1 including that wherein a location of the one or more cropped sub-areas in the video stream image frames corresponds to a location of the detected object in the one or more image frames comprising the video data (Lynch et al.: Fig. 3; paragraph [0030] - cropping module 220 generates a cropped video frame by removing background pixels from the video frame received from video driver 212 - accordingly, the cropped video frame includes only the region of interest, with no background data - this cropped video frame is provided to a simulated background overlay module 222 - simulated background overlay module 222 receives a simulated background from simulated background generation module 224 and overlays the cropped video frame on the simulated background - in embodiments, overlaying the cropped video frame on the simulated background can include filling in the spaces where background pixels were removed with pixels generated by the simulated background generation module 224; paragraph [0031] – because many standard codecs and applications are configured for handling video frames with a certain number of pixels (e.g., video frames that conform to a particular type of format), overlaying the cropped video frame on a simulated background restores the video frame to its original “size” (i.e., the original number of pixels), and thus can be more easily handled by other software and hardware modules; paragraphs [0032] and [0033]).
Regarding claim 11, Lynch et al. discloses all of the limitations as previously discussed with respect to claim 1 including that wherein a location of the one or more cropped sub-areas in the video stream image frames for a given detected object is fixed (Lynch et al.: Fig. 3; paragraph [0030] - cropping module 220 generates a cropped video frame by removing background pixels from the video frame received from video driver 212 - accordingly, the cropped video frame includes only the region of interest, with no background data - this cropped video frame is provided to a simulated background overlay module 222 - simulated background overlay module 222 receives a simulated background from simulated background generation module 224 and overlays the cropped video frame on the simulated background - in embodiments, overlaying the cropped video frame on the simulated background can include filling in the spaces where background pixels were removed with pixels generated by the simulated background generation module 224; paragraph [0031] – because many standard codecs and applications are configured for handling video frames with a certain number of pixels (e.g., video frames that conform to a particular type of format), overlaying the cropped video frame on a simulated background restores the video frame to its original “size” (i.e., the original number of pixels), and thus can be more easily handled by other software and hardware modules; paragraphs [0032] and [0033]).
Regarding claim 12, Lynch et al. discloses a control unit comprising processing circuitry in association with a camera comprising: an interface acquiring one or more image frames comprising video data (Figs. 1 and 2; paragraph [0018] – I/O ports 118 allow computing device 100 to be logically coupled to other devices including I/O components 120, some of which may be built in – illustrative components include a microphone, joystick, game pad, satellite dish, scanner, printer, wireless device, keyboard, pen, voice input device, video input device, touch input device, touch-screen device, interactive display device, or a mouse), a transmitter for communicating with a receiver device for continuously transmitting a video stream to the receiver device over a communication network (Fig. 1; Fig. 2 – video communication component 216; paragraph [0034] – video communication component 216 can include hardware, software, firmware, and the like and generally allows for video frames (e.g., encoded video frames) to be communicated to other devices); a processor for: detecting at least one object in the one or more image frames comprising the video data to identify at least one detected object that belongs to at least one predetermined object class selected as surveillance target (Figs. 1-3 and 8; paragraph [0046] - at step 812, a region of interest of the video frame is identified – the region of interest includes or corresponds to one or more features that are to be emphasized – for example, in an embodiment, the features can include the hands and face of a user – in another embodiment the features may just include a user’s face or some other object – in embodiments, the region of interest can be identified by any number of feature detection and/or edge detection techniques); cropping sub-areas in the one or more image frames comprising the video data to provide one or more cropped sub-areas including the at least one detected object (Figs. 3 and 8; paragraph [0047] – at step 814, a feature mask that includes the region of interest is created – the feature mask is used, at step 816, to create a cropped video frame by cropping the video frame such that only the region of interest remains), and adding the one or more cropped sub-areas to a set of image frames of the video stream being continuously transmitted as a single video stream to the receiver device (Figs. 3 and 8; paragraph [0034] – video communication component 216 can include hardware, software, firmware, and the like and generally allows for video frames (e.g., encoded video frames) to be communicated to other devices; paragraph [0047] – at a final illustrative step 520, the cropped video frame is overlayed on a simulated background); wherein a remaining area of the set of image frames, which is an area other than the one or more cropped sub-areas added to the set of image frames, incudes predetermined content (Fig. 3; paragraph [0032] – using a simulated background can save processing power because simpler background images with limited color variance can be utilized, which are less computationally intensive to encode than are more natural or colorful images – for example, substantial power (and thus time) can be saved in some embodiments by using a solid color as the simulated background – with no fluctuations in color, encoding the background would be rather straightforward and not very processing-intensive when encoded by many types of standard encoders – of course, backgrounds of multiple colors can also be used - the more colors that are used, however, may increase the processing power and time associated with encoding the video frames), and wherein, in the absence of the at least one detected object in the one or more image frames comprising the video data, the set of image frames include only the predetermined content (Fig. 3; paragraph [0004]; paragraph [0032] – using a simulated background can save processing power because simpler background images with limited color variance can be utilized, which are less computationally intensive to encode than are more natural or colorful images – for example, substantial power (and thus time) can be saved in some embodiments by using a solid color as the simulated background – with no fluctuations in color, encoding the background would be rather straightforward and not very processing-intensive when encoded by many types of standard encoders – of course, backgrounds of multiple colors can also be used - the more colors that are used, however, may increase the processing power and time associated with encoding the video frames).
Regarding claim 13, Lynch et al. discloses all of the limitations as previously discussed with respect to claim 12 including that the control unit further comprises: an input and output interface to communicate with a receiver device over the communication network (Lynch et al.: Figs. 1 and 2; paragraph [0018] – I/O ports 118 allow computing device 100 to be logically coupled to other devices including I/O components 120, some of which may be built in – illustrative components include a microphone, joystick, game pad, satellite dish, scanner, printer, wireless device, keyboard, pen, voice input device, video input device, touch input device, touch-screen device, interactive display device, or a mouse; paragraph [0034] – video communication component 216 can include hardware, software, firmware, and the like and generally allows for video frames (e.g., encoded video frames) to be communicated to other devices).
Regarding claim 14, Lynch et al. discloses a computer-implemented method on a server (paragraph [0016] - server), the computer-implemented method comprising: communicating with a camera over a communication network for continuously receiving a video stream from the camera (Fig. 2 – video communication component 216; Fig. 8; paragraph [0034] – video communication component 216 can include hardware, software, firmware, and the like and generally allows for video frames (e.g., encoded video frames) to be communicated to other devices; paragraph [0046] – at an illustrative step 810, a video frame is received) receiving the video stream from the camera, the video stream comprising a set of image frames including one or more cropped sub-areas of objects on a background with predetermined content (Fig. 8; paragraph [0046] – at an illustrative step 810, a video frame is received), wherein, in the absence of the one or more cropped sub-areas of the objects, the set of image frames include only the predetermined content (Fig. 3; paragraph [0004]; paragraph [0032] – using a simulated background can save processing power because simpler background images with limited color variance can be utilized, which are less computationally intensive to encode than are more natural or colorful images – for example, substantial power (and thus time) can be saved in some embodiments by using a solid color as the simulated background – with no fluctuations in color, encoding the background would be rather straightforward and not very processing-intensive when encoded by many types of standard encoders – of course, backgrounds of multiple colors can also be used - the more colors that are used, however, may increase the processing power and time associated with encoding the video frames); identifying the one or more cropped sub-areas in the set of image frames (Fig. 8; paragraph [0046] - at step 812, a region of interest of the video frame is identified – the region of interest includes or corresponds to one or more features that are to be emphasized – for example, in an embodiment, the features can include the hands and face of a user – in another embodiment the features may just include a user’s face or some other object – in embodiments, the region of interest can be identified by any number of feature detection and/or edge detection techniques); identifying the objects in the one or more cropped areas (Figs. 3 and 8; paragraph [0047] – at step 814, a feature mask that includes the region of interest is created – the feature mask is used, at step 816, to create a cropped video frame by cropping the video frame such that only the region of interest remains); and providing a signal indicating the objects as identified (Figs. 3 and 8; paragraph [0034] – video communication component 216 can include hardware, software, firmware, and the like and generally allows for video frames (e.g., encoded video frames) to be communicated to other devices; paragraph [0047] – at a final illustrative step 520, the cropped video frame is overlayed on a simulated background).
Regarding claim 15, Lynch et al. discloses all of the limitations as previously discussed with respect to claim 1 including that wherein the one or more image frames comprising video data are continuously acquired from a camera 200 and the one or more cropped sub-areas are added as a collage of crops in the video stream image frames that are continuously transmitted as the single video stream to the receiver device to reducing a required bandwidth (Lynch et al.: Fig. 3; paragraph [0032] – using a simulated background can save processing power because simpler background images with limited color variance can be utilized, which are less computationally intensive to encode than are more natural or colorful images – for example, substantial power (and thus time) can be saved in some embodiments by using a solid color as the simulated background – with no fluctuations in color, encoding the background would be rather straightforward and not very processing-intensive when encoded by many types of standard encoders – of course, backgrounds of multiple colors can also be used - the more colors that are used, however, may increase the processing power and time associated with encoding the video frames; less information being transmitted will mean a reduction in required bandwidth).
Regarding claim 16, Lynch et al. discloses all of the limitations as previously discussed with respect to claim 1 including that wherein the remining area comprises a single color, background, or static pattern to provided computationally efficiency for encoding the single video stream (Lynch et al.: paragraph [0038] – simulated background 336 can include any kind of image, and in embodiments, can include a single solid color such as blue – in some embodiments, simulated background 336 can be defined by a user; paragraph [0042] – a simulated background which includes one solid color; paragraph [0043]).
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 HEATHER R JONES whose telephone number is (571)272-7368. The examiner can normally be reached Mon. - Fri.: 9:00am - 5:00pm.
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/HEATHER R JONES/Primary Examiner, Art Unit 2481
December 13, 2025