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 .
Drawings
The drawings were received on 25 November 2025. These drawings are acceptable.
Claim Interpretation
MPEP § 2111.01 stated that “… Under a broadest reasonable interpretation (BRI), words of the claim must be given their plain meaning, unless such meaning is inconsistent with the specification. The plain meaning of a term means the ordinary and customary meaning given to the term by those of ordinary skill in the art at the relevant time. The ordinary and customary meaning of a term may be evidenced by a variety of sources, including the words of the claims themselves, the specification, drawings, and prior art. However, the best source for determining the meaning of a claim term is the specification - the greatest clarity is obtained when the specification serves as a glossary for the claim terms …”). Thus under a broadest reasonable interpretation, the greatest clarity is obtained when the specification (e.g., see “… As used herein, pose refers to the position or orientation or both of the object to be scanned. In embodiments where the object is a human, the term "pose" as used herein can be the arrangement of the human in term of where arms/legs are, etc. …” in paragraph 41) serves as a glossary for the claim term “pose”.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis 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 application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were effectively filed absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned at the time a later invention was effectively filed in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
Claim(s) 1-7, 10, 12, 15, and 19-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (US 2023/0384475) in view of Kanaujia et al. (US 2013/0250050).
In regard to claim 1, Chen et al. disclose a system for performing a scan of an object, the system comprising:
(a) a non-optical scanning device to perform the scan of the object (e.g., “… scanning the body of the person to be inspected in the standing posture with the millimeter-wave human body security inspection instrument …” in paragraph 51);
(b) an optical imaging device to capture image information about the object prior to performing the scan of the object (e.g., “… determined, based on a visible light image of the person to be inspected (for example, obtained through a separately disposed imaging device such as a camera), whether the standing posture of the person to be inspected meets the requirement of the designated posture or not when scanning the person to be inspected …” in paragraph 51); and
(c) a processing system comprising: a memory comprising computer readable instructions; and a processing device for executing the computer readable instructions, the computer readable instructions controlling the processing device to perform operations comprising: (c1) determining a pose of an object based at least in part on the captured image information (e.g., “… visible light imaging device is used to obtain a visible light image of the person to be inspected standing at the designated standing position within the inspection channel 101 in the standing posture. The visible light image may be displayed or projected on the second display device 130 to guide the person to be inspected to adjust his/her standing posture according to a comparison between the visible light image and the image of the character in the designated posture, so that the person to be inspected can quickly pose the standing posture that meets the requirement of the designated posture … determine whether the standing posture of the person to be inspected meets the requirement of scanning or not …” in paragraph 55); (c2) determining whether the pose of the object satisfies a target pose by identifying a location associated with the object (e.g., see posture1 in “… determined, based on a visible light image of the person to be inspected (for example, obtained through a separately disposed imaging device such as a camera), whether the standing posture of the person to be inspected meets the requirement of the designated posture or not when scanning the person to be inspected … whether the standing posture of the person to be inspected meets the requirement of the designated standing posture or not may be determined in the automatic mode, for example, by means of a processor … determined whether the standing posture of the person to be inspected meets the requirement of the designated posture or not before scanning the body of the person to be inspected in the standing posture with the millimeter-wave human body security inspection instrument …” in paragraph 51); (c3) responsive to determining that the pose of the object satisfies the target pose, causing the non-optical scanning device to perform the scan of the object (e.g., “… determined, based on a visible light image of the person to be inspected (for example, obtained through a separately disposed imaging device such as a camera), whether the standing posture of the person to be inspected meets the requirement of the designated posture or not when scanning the person to be inspected … whether the standing posture of the person to be inspected meets the requirement of the designated standing posture or not may be determined in the automatic mode, for example, by means of a processor … determined whether the standing posture of the person to be inspected meets the requirement of the designated posture or not before scanning the body of the person to be inspected in the standing posture with the millimeter-wave human body security inspection instrument …” in paragraph 51); and (c4) responsive to determining that the pose of the object fails to satisfy the target pose, providing feedback to correct the pose of the object prior to initiating the scan of the object (e.g., “… visible light imaging device is used to obtain a visible light image of the person to be inspected standing at the designated standing position within the inspection channel 101 in the standing posture. The visible light image may be displayed or projected on the second display device 130 to guide the person to be inspected to adjust his/her standing posture according to a comparison between the visible light image and the image of the character in the designated posture, so that the person to be inspected can quickly pose the standing posture that meets the requirement of the designated posture … determine whether the standing posture of the person to be inspected meets the requirement of scanning or not …” in paragraph 55).
The system of Chen et al. lacks an explicit description of details of the “… comparison between the visible light image and the image of the character in the designated posture …” such as the location is of joints. However, “… comparison between the visible light image and the image of the character in the designated posture …” details are known to one of ordinary skill in the art (e.g., see “… approaches lack an articulated skeleton underlying the human body shape. The 3D shape deformation of body surface is captured by tracking the 3D mesh surfaces directly. Deforming the 3D mesh while maintaining the surface smoothness is not only computationally demanding but also ill-constrained, occasionally causing poor surface deformation due to noisy silhouettes (or visual hull) … video images of a monitored location; detecting a human object within the video images; determining a three dimensional (3D) hull corresponding to the human object within the video images; determining initial pose hypotheses of the human object within the video images, the initial pose hypotheses comprising a plurality of pose predictions each associated with a first probability value; mapping a plurality of simple geometric volumes to each of the pose predictions of the initial pose hypotheses to obtain a plurality of corresponding coarse 3D human models; comparing each of the corresponding coarse 3D human models to the 3D hull … 3D orientations of human body parts of each pose may be represented by a skeleton model comprising … plural skeleton body segments of the skeleton model may be connected to each other at joint locations …” in paragraphs 5, 15, 17, and 18 of Kanaujia et al.). It should be noted that “when a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable results”. KSR International Co. v. Teleflex Inc., 550 U.S. 398 at 416, 82 USPQ2d 1385 (2007) at 1395 (citing United States v. Adams, 383 U.S. 39, 40 [148 USPQ 479] (1966)). See MPEP § 2143. In this case, one of ordinary skill in the art could have substituted a known conventional comparison (e.g., comprising details such as “segments of the skeleton model may be connected to each other at joint locations” for “comparing each of the corresponding coarse 3D human models to the 3D hull” determined from “video images of a monitored location”, in order to avoid “computationally demanding but also ill-constrained” of “3D shape deformation of body surface”) for the unspecified comparison of Chen et al. and the results of the substitution would have been predictable. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a known conventional comparison (e.g., comprising details such as determining whether the pose of the object satisfies a target pose by identifying a location of joints associated with the object) as the unspecified comparison of Chen et al.
In regard to claim 2 which is dependent on claim 1, Chen et al. also disclose a visual display device to display a visual representation of the pose of the object and a visual representation of the target pose (e.g., “… visible light imaging device is used to obtain a visible light image of the person to be inspected standing at the designated standing position within the inspection channel 101 in the standing posture. The visible light image may be displayed or projected on the second display device 130 to guide the person to be inspected to adjust his/her standing posture according to a comparison between the visible light image and the image of the character in the designated posture, so that the person to be inspected can quickly pose the standing posture that meets the requirement of the designated posture … determine whether the standing posture of the person to be inspected meets the requirement of scanning or not …” in paragraph 55). The system of Chen et al. lacks an explicit description of details of the “… comparison between the visible light image and the image of the character in the designated posture …” such as the location is of joints. However, “… comparison between the visible light image and the image of the character in the designated posture …” details are known to one of ordinary skill in the art (e.g., see “… approaches lack an articulated skeleton underlying the human body shape. The 3D shape deformation of body surface is captured by tracking the 3D mesh surfaces directly. Deforming the 3D mesh while maintaining the surface smoothness is not only computationally demanding but also ill-constrained, occasionally causing poor surface deformation due to noisy silhouettes (or visual hull) … video images of a monitored location; detecting a human object within the video images; determining a three dimensional (3D) hull corresponding to the human object within the video images; determining initial pose hypotheses of the human object within the video images, the initial pose hypotheses comprising a plurality of pose predictions each associated with a first probability value; mapping a plurality of simple geometric volumes to each of the pose predictions of the initial pose hypotheses to obtain a plurality of corresponding coarse 3D human models; comparing each of the corresponding coarse 3D human models to the 3D hull … 3D orientations of human body parts of each pose may be represented by a skeleton model comprising … plural skeleton body segments of the skeleton model may be connected to each other at joint locations …” in paragraphs 5, 15, 17, and 18 of Kanaujia et al.). It should be noted that “when a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable results”. KSR International Co. v. Teleflex Inc., 550 U.S. 398 at 416, 82 USPQ2d 1385 (2007) at 1395 (citing United States v. Adams, 383 U.S. 39, 40 [148 USPQ 479] (1966)). See MPEP § 2143. In this case, one of ordinary skill in the art could have substituted a known conventional comparison (e.g., comprising details such as “segments of the skeleton model may be connected to each other at joint locations” for “comparing each of the corresponding coarse 3D human models to the 3D hull” determined from “video images of a monitored location”, in order to avoid “computationally demanding but also ill-constrained” of “3D shape deformation of body surface”) for the unspecified comparison of Chen et al. and the results of the substitution would have been predictable. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a known conventional comparison (e.g., comprising details such as determining whether the pose of the object satisfies a target pose by identifying a location of joints associated with the object) as the unspecified comparison of Chen et al.
In regard to claim 3 which is dependent on claim 2, Chen et al. also disclose that the operations further comprise responsive to determining that the pose of the object fails to satisfy the target pose, providing feedback on the display, the feedback indicating how the pose of the object fails to satisfy the target pose and indicating where the body parts need to be to satisfy the target pose by overlaying points representing body parts on the visual representation of the target pose and overlaying points representing body parts on the visual representation of the pose of the object to be positioned to align with the points representing body parts on the visual representation of the target pose (e.g., “… visible light imaging device is used to obtain a visible light image of the person to be inspected standing at the designated standing position within the inspection channel 101 in the standing posture. The visible light image may be displayed or projected on the second display device 130 to guide the person to be inspected to adjust his/her standing posture according to a comparison between the visible light image and the image of the character in the designated posture, so that the person to be inspected can quickly pose the standing posture that meets the requirement of the designated posture … determine whether the standing posture of the person to be inspected meets the requirement of scanning or not …” in paragraph 55). The system of Chen et al. lacks an explicit description of details of the “… comparison between the visible light image and the image of the character in the designated posture …” such as the body parts are joints. However, “… comparison between the visible light image and the image of the character in the designated posture …” details are known to one of ordinary skill in the art (e.g., see “… approaches lack an articulated skeleton underlying the human body shape. The 3D shape deformation of body surface is captured by tracking the 3D mesh surfaces directly. Deforming the 3D mesh while maintaining the surface smoothness is not only computationally demanding but also ill-constrained, occasionally causing poor surface deformation due to noisy silhouettes (or visual hull) … video images of a monitored location; detecting a human object within the video images; determining a three dimensional (3D) hull corresponding to the human object within the video images; determining initial pose hypotheses of the human object within the video images, the initial pose hypotheses comprising a plurality of pose predictions each associated with a first probability value; mapping a plurality of simple geometric volumes to each of the pose predictions of the initial pose hypotheses to obtain a plurality of corresponding coarse 3D human models; comparing each of the corresponding coarse 3D human models to the 3D hull … 3D orientations of human body parts of each pose may be represented by a skeleton model comprising … plural skeleton body segments of the skeleton model may be connected to each other at joint locations …” in paragraphs 5, 15, 17, and 18 of Kanaujia et al.). It should be noted that “when a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable results”. KSR International Co. v. Teleflex Inc., 550 U.S. 398 at 416, 82 USPQ2d 1385 (2007) at 1395 (citing United States v. Adams, 383 U.S. 39, 40 [148 USPQ 479] (1966)). See MPEP § 2143. In this case, one of ordinary skill in the art could have substituted a known conventional comparison (e.g., comprising details such as “segments of the skeleton model may be connected to each other at joint locations” for “comparing each of the corresponding coarse 3D human models to the 3D hull” determined from “video images of a monitored location”, in order to avoid “computationally demanding but also ill-constrained” of “3D shape deformation of body surface”) for the unspecified comparison of Chen et al. and the results of the substitution would have been predictable. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a known conventional comparison (e.g., comprising details such as indicating where the joints need to be to satisfy the target pose by overlaying points representing joints on the visual representation of the target pose and overlaying points representing joints on the visual representation of the pose of the object to be positioned to align with the points representing joints on the visual representation of the target pose) as the unspecified comparison of Chen et al.
In regard to claim 4 which is dependent on claim 3, Chen et al. also disclose that the feedback is displayed prior to causing the non-optical scanning device to perform the scan of the object (e.g., “… visible light imaging device is used to obtain a visible light image of the person to be inspected standing at the designated standing position within the inspection channel 101 in the standing posture. The visible light image may be displayed or projected on the second display device 130 to guide the person to be inspected to adjust his/her standing posture according to a comparison between the visible light image and the image of the character in the designated posture, so that the person to be inspected can quickly pose the standing posture that meets the requirement of the designated posture … determine whether the standing posture of the person to be inspected meets the requirement of scanning or not …” in paragraph 55).
In regard to claim 5 which is dependent on claim 1, Chen et al. also disclose that the optical imaging device directly performs an estimation of the pose of object (e.g., “… determined, based on a visible light image of the person to be inspected (for example, obtained through a separately disposed imaging device such as a camera), whether the standing posture of the person to be inspected meets the requirement of the designated posture or not when scanning the person to be inspected … whether the standing posture of the person to be inspected meets the requirement of the designated standing posture or not may be determined in the automatic mode, for example, by means of a processor …” in paragraph 51).
In regard to claim 6 which is dependent on claim 1, Chen et al. also disclose that the operations further comprise estimating the pose of object based at least in part on image data received from the optical imaging device (e.g., “… determined, based on a visible light image of the person to be inspected (for example, obtained through a separately disposed imaging device such as a camera), whether the standing posture of the person to be inspected meets the requirement of the designated posture or not when scanning the person to be inspected … whether the standing posture of the person to be inspected meets the requirement of the designated standing posture or not may be determined in the automatic mode, for example, by means of a processor … determined whether the standing posture of the person to be inspected meets the requirement of the designated posture or not before scanning the body of the person to be inspected in the standing posture with the millimeter-wave human body security inspection instrument …” in paragraph 51).
In regard to claim 7 which is dependent on claim 1, Chen et al. also disclose that the optical imaging device includes a visible light imaging device that captures visible light images (e.g., “… determined, based on a visible light image of the person to be inspected (for example, obtained through a separately disposed imaging device such as a camera), whether the standing posture of the person to be inspected meets the requirement of the designated posture or not when scanning the person to be inspected …” in paragraph 51).
In regard to claim 10 which is dependent on claim 1, Chen et al. also disclose that the non-optical scanning device is a millimeter-wave imager (e.g., “… scanning the body of the person to be inspected in the standing posture with the millimeter-wave human body security inspection instrument …” in paragraph 51).
In regard to claim 12 which is dependent on claim 1, Chen et al. also disclose that the system further comprises a traffic flow device, and wherein the operations further comprise controlling the traffic flow device to provide traffic flow instructions (e.g., “… information displayed by the first display device 120, reminding the person to be inspected to enter the inspection channel as soon as possible, guiding the person to be inspected to pose an appropriate posture within the inspection channel, precautions about scanning, reminding that scanning is completed, guiding the person to be inspected to leave the inspection channel as soon as possible …” in paragraph 56).
In regard to claim 15 which is dependent on claim 1, Chen et al. also disclose that the operations further comprise: extracting information of the object from images captured by the optical imaging device; and transmitting the information of the object to the non-optical scanning device (e.g., “… workstation 200 itself has a processor 210, such as a central processing unit (CPU), for performing routine operations of the workstation; and a millimeter-wave scanning image, a result of determining the standing posture …” in paragraph 50).
In regard to claim 19 which is dependent on claim 1, Chen et al. also disclose that the instructions further comprise initiating a rescan of the object responsive to the scan being failed (e.g., “… If the standing posture of the person to be inspected is incorrect or does not meet the requirement of the designated posture, the system of security inspection will guide the person to be inspected to adjust his/her standing posture (such as using the above display devices and/or the audio device), and re-perform millimeter-wave scanning …” in paragraph 58).
In regard to claim 20, Chen et al. disclose a computer-implemented method for performing a scan of an object, the method comprising:
(a) determining a pose of an object based at least in part on image information about the object captured using an optical imaging device (e.g., “… determined, based on a visible light image of the person to be inspected (for example, obtained through a separately disposed imaging device such as a camera), whether the standing posture of the person to be inspected meets the requirement of the designated posture or not when scanning the person to be inspected …” in paragraph 51);
(b) comparing the pose of the object to a target pose (e.g., “… whether the standing posture of the person to be inspected meets the requirement of the designated standing posture or not may be determined in the automatic mode, for example, by means of a processor …” in paragraph 51);
(c) responsive to determining that the pose of the object fails to satisfy the target pose by identifying a first location associated with the object, providing feedback to correct the pose of the object prior to initiating the scan of the object (e.g., “… visible light imaging device is used to obtain a visible light image of the person to be inspected standing at the designated standing position within the inspection channel 101 in the standing posture. The visible light image may be displayed or projected on the second display device 130 to guide the person to be inspected to adjust his/her standing posture according to a comparison between the visible light image and the image of the character in the designated posture, so that the person to be inspected can quickly pose the standing posture that meets the requirement of the designated posture …” in paragraph 55); and
(d) responsive to determining that the pose of the object satisfies the target pose by identifying a second location associated with the object, initiating the scan of the object, the scan being performed by a non-optical scanning device (e.g., “… determined whether the standing posture of the person to be inspected meets the requirement of the designated posture or not before scanning the body of the person to be inspected in the standing posture with the millimeter-wave human body security inspection instrument …” in paragraph 51).
The method of Chen et al. lacks an explicit description of details of the “… comparison between the visible light image and the image of the character in the designated posture …” such as the location is of joints. However, “… comparison between the visible light image and the image of the character in the designated posture …” details are known to one of ordinary skill in the art (e.g., see “… approaches lack an articulated skeleton underlying the human body shape. The 3D shape deformation of body surface is captured by tracking the 3D mesh surfaces directly. Deforming the 3D mesh while maintaining the surface smoothness is not only computationally demanding but also ill-constrained, occasionally causing poor surface deformation due to noisy silhouettes (or visual hull) … video images of a monitored location; detecting a human object within the video images; determining a three dimensional (3D) hull corresponding to the human object within the video images; determining initial pose hypotheses of the human object within the video images, the initial pose hypotheses comprising a plurality of pose predictions each associated with a first probability value; mapping a plurality of simple geometric volumes to each of the pose predictions of the initial pose hypotheses to obtain a plurality of corresponding coarse 3D human models; comparing each of the corresponding coarse 3D human models to the 3D hull … 3D orientations of human body parts of each pose may be represented by a skeleton model comprising … plural skeleton body segments of the skeleton model may be connected to each other at joint locations …” in paragraphs 5, 15, 17, and 18 of Kanaujia et al.). It should be noted that “when a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable results”. KSR International Co. v. Teleflex Inc., 550 U.S. 398 at 416, 82 USPQ2d 1385 (2007) at 1395 (citing United States v. Adams, 383 U.S. 39, 40 [148 USPQ 479] (1966)). See MPEP § 2143. In this case, one of ordinary skill in the art could have substituted a known conventional comparison (e.g., comprising details such as “segments of the skeleton model may be connected to each other at joint locations” for “comparing each of the corresponding coarse 3D human models to the 3D hull” determined from “video images of a monitored location”, in order to avoid “computationally demanding but also ill-constrained” of “3D shape deformation of body surface”) for the unspecified comparison of Chen et al. and the results of the substitution would have been predictable. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a known conventional comparison (e.g., comprising details such as determining that the pose of the object fails to satisfy the target pose by identifying a first location of joints associated with the object and determining that the pose of the object satisfies the target pose by identifying a second location of joints associated with the object) as the unspecified comparison of Chen et al.
In regard to claim 21 which is dependent on claim 20, Chen et al. also disclose that further comprising, responsive to determining that the pose of the object fails to satisfy the target pose, providing feedback on a display the feedback indicating how the pose of the object fails to satisfy the target pose and indicating where the body parts need to be to satisfy the target pose by overlaying points representing body parts on the visual representation of the target pose and overlaying points representing body parts on the visual representation of the pose of the object to be positioned to align with the points representing body parts on the visual representation of the target pose (e.g., “… visible light imaging device is used to obtain a visible light image of the person to be inspected standing at the designated standing position within the inspection channel 101 in the standing posture. The visible light image may be displayed or projected on the second display device 130 to guide the person to be inspected to adjust his/her standing posture according to a comparison between the visible light image and the image of the character in the designated posture, so that the person to be inspected can quickly pose the standing posture that meets the requirement of the designated posture … determine whether the standing posture of the person to be inspected meets the requirement of scanning or not …” in paragraph 55). The method of Chen et al. lacks an explicit description of details of the “… comparison between the visible light image and the image of the character in the designated posture …” such as the body parts are joints. However, “… comparison between the visible light image and the image of the character in the designated posture …” details are known to one of ordinary skill in the art (e.g., see “… approaches lack an articulated skeleton underlying the human body shape. The 3D shape deformation of body surface is captured by tracking the 3D mesh surfaces directly. Deforming the 3D mesh while maintaining the surface smoothness is not only computationally demanding but also ill-constrained, occasionally causing poor surface deformation due to noisy silhouettes (or visual hull) … video images of a monitored location; detecting a human object within the video images; determining a three dimensional (3D) hull corresponding to the human object within the video images; determining initial pose hypotheses of the human object within the video images, the initial pose hypotheses comprising a plurality of pose predictions each associated with a first probability value; mapping a plurality of simple geometric volumes to each of the pose predictions of the initial pose hypotheses to obtain a plurality of corresponding coarse 3D human models; comparing each of the corresponding coarse 3D human models to the 3D hull … 3D orientations of human body parts of each pose may be represented by a skeleton model comprising … plural skeleton body segments of the skeleton model may be connected to each other at joint locations …” in paragraphs 5, 15, 17, and 18 of Kanaujia et al.). It should be noted that “when a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable results”. KSR International Co. v. Teleflex Inc., 550 U.S. 398 at 416, 82 USPQ2d 1385 (2007) at 1395 (citing United States v. Adams, 383 U.S. 39, 40 [148 USPQ 479] (1966)). See MPEP § 2143. In this case, one of ordinary skill in the art could have substituted a known conventional comparison (e.g., comprising details such as “segments of the skeleton model may be connected to each other at joint locations” for “comparing each of the corresponding coarse 3D human models to the 3D hull” determined from “video images of a monitored location”, in order to avoid “computationally demanding but also ill-constrained” of “3D shape deformation of body surface”) for the unspecified comparison of Chen et al. and the results of the substitution would have been predictable. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a known conventional comparison (e.g., comprising details such as responsive to determining that the pose of the object fails to satisfy the target pose, providing feedback on a display the feedback indicating how the pose of the object fails to satisfy the target pose and indicating where the joints need to be to satisfy the target pose by overlaying points representing joints on the visual representation of the target pose and overlaying points representing joints on the visual representation of the pose of the object to be positioned to align with the points representing joints on the visual representation of the target pose) as the unspecified comparison of Chen et al.
Claim(s) 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. in view of Kanaujia et al. as applied to claim(s) 1 above, and further in view of Gray et al. (US 2011/0274250).
In regard to claim 8 which is dependent on claim 1, the system of Chen et al. lacks an explicit description of details of the “… imaging device …” such as a visible light imaging device that captures visible light and an infrared imaging device that captures IR images. However, “… imaging device …” details are known to one of ordinary skill in the art (e.g., see “… video analytics can implement various forms of optical detection, including infrared and visible light, to determine a) the shape of the individual's pose …” in paragraph 142 of Gray et al.). It should be noted that “when a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable results”. KSR International Co. v. Teleflex Inc., 550 U.S. 398 at 416, 82 USPQ2d 1385 (2007) at 1395 (citing United States v. Adams, 383 U.S. 39, 40 [148 USPQ 479] (1966)). See MPEP § 2143. In this case, one of ordinary skill in the art could have substituted a known conventional imaging device (e.g., comprising details such as “various forms of optical detection, including infrared and visible light”, in order to “determine a) the shape of the individual's pose”) for the unspecified imaging device of Chen et al. and the results of the substitution would have been predictable. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a known conventional imaging device (e.g., comprising details such as a visible light imaging device that captures visible light and an infrared (IR) imaging device that captures IR images) as the unspecified imaging device of Chen et al.
In regard to claim 9 which is dependent on claim 1, the system of Chen et al. lacks an explicit description of details of the “… imaging device …” such as the optical imaging device is used for depth estimation of the object. However, “… imaging device …” details are known to one of ordinary skill in the art (e.g., see “… video analytics can implement various forms of optical detection, including infrared and visible light, to determine a) the shape of the individual's pose …” in paragraph 142 of Gray et al.). It should be noted that “when a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable results”. KSR International Co. v. Teleflex Inc., 550 U.S. 398 at 416, 82 USPQ2d 1385 (2007) at 1395 (citing United States v. Adams, 383 U.S. 39, 40 [148 USPQ 479] (1966)). See MPEP § 2143. In this case, one of ordinary skill in the art could have substituted a known conventional imaging device (e.g., comprising details such as “video analytics”, in order to “determine a) the shape of the individual's pose”) for the unspecified imaging device of Chen et al. and the results of the substitution would have been predictable. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a known conventional imaging device (e.g., comprising details such as the optical imaging device is used for depth estimation of the object) as the unspecified imaging device of Chen et al.
Claim(s) 13, 14, and 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. in view of Kanaujia et al. as applied to claim(s) 1 and 12 above, and further in view of Hastings et al. (US 2020/0320814).
In regard to claim 13 which is dependent on claim 12, the system of Chen et al. lacks an explicit description of details of the “… information displayed …” such as the traffic flow instructions cause the traffic flow device to selectively illuminate. However, “… information displayed …” details are known to one of ordinary skill in the art (e.g., see “… For embodiments without doors, the system 300 exercises influence over the user by selectively activating or deactivating various aspects of itself, such as the ingress interface 308, the user interface 340, the divestment interface 330, selectively illuminated arrows, and other indicators that can remain dormant or activate, and/or provide instructions such as "access denied see agent" or the like …” in paragraph 54 of Hastings et al.). It should be noted that “when a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable results”. KSR International Co. v. Teleflex Inc., 550 U.S. 398 at 416, 82 USPQ2d 1385 (2007) at 1395 (citing United States v. Adams, 383 U.S. 39, 40 [148 USPQ 479] (1966)). See MPEP § 2143. In this case, one of ordinary skill in the art could have substituted a known conventional information displayed (e.g., comprising details such as “selectively illuminated arrows”, in order to exercises “influence over the user”) for the unspecified information displayed of Chen et al. and the results of the substitution would have been predictable. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a known conventional information displayed (e.g., comprising details such as the traffic flow device is a light, and wherein the traffic flow instructions cause the light to selectively illuminate) as the unspecified information displayed of Chen et al.
In regard to claim 14 which is dependent on claim 12, the system of Chen et al. lacks an explicit description of details of the “… information displayed …” such as the traffic flow instructions set a light color of the traffic flow device. However, “… information displayed …” details are known to one of ordinary skill in the art (e.g., see “… For embodiments without doors, the system 300 exercises influence over the user by selectively activating or deactivating various aspects of itself, such as the ingress interface 308, the user interface 340, the divestment interface 330, selectively illuminated arrows, and other indicators that can remain dormant or activate, and/or provide instructions such as "access denied see agent" or the like …” in paragraph 54 of Hastings et al.). It should be noted that “when a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable results”. KSR International Co. v. Teleflex Inc., 550 U.S. 398 at 416, 82 USPQ2d 1385 (2007) at 1395 (citing United States v. Adams, 383 U.S. 39, 40 [148 USPQ 479] (1966)). See MPEP § 2143. In this case, one of ordinary skill in the art could have substituted a known conventional information displayed (e.g., comprising details such as “selectively illuminated arrows”, in order to exercises “influence over the user”) for the unspecified information displayed of Chen et al. and the results of the substitution would have been predictable. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a known conventional information displayed (e.g., comprising details such as the traffic flow device is a light, and wherein the traffic flow instructions set a color of the light) as the unspecified information displayed of Chen et al.
In regard to claim 16 which is dependent on claim 1, Chen et al. also disclose that the operations further comprise receiving a result of the scan from the non-optical imaging device (e.g., “… workstation 200 itself has a processor 210, such as a central processing unit (CPU), for performing routine operations of the workstation; and a millimeter-wave scanning image, a result of determining the standing posture …” in paragraph 50). The system of Chen et al. lacks an explicit description of details of the “… information displayed …” such as controlling a downstream traffic flow gate in response to a result of the scan. However, “… information displayed …” details are known to one of ordinary skill in the art (e.g., see “… to direct the user 204 through a selected one of a plurality of doors, corresponding to one of several possible pathways, according to scan results … doors are able to maintain positive control of a user, e.g., … physically denying exit from the chamber 310 until an alarm or alarms is resolved or an agent is ready to take control of the user upon exit from the chamber 310, e.g., for escorting the user to and/or applying enhanced screening and/or further resolution processes for the user. The system 300 is configured to direct the user to a selected one of a plurality of different egress paths 362 according to a result of the scan of the user. For example, responsive to the scan resulting in no unresolved alarms, the system 300 directs the user along a second one of the egress paths 362 to a secure area (e.g., the airport terminals). Responsive to an unresolved alarm, the system 300 directs the user along a first one of the egress paths 362 to secondary screening, or back out along the ingress path 360 to an unsecure area (e.g., to allow the user to self-divest a prohibited item by disposing of it before returning to the chamber 310 to re-scan)…” in paragraphs 33 and 54 of Hastings et al.). It should be noted that “when a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable results”. KSR International Co. v. Teleflex Inc., 550 U.S. 398 at 416, 82 USPQ2d 1385 (2007) at 1395 (citing United States v. Adams, 383 U.S. 39, 40 [148 USPQ 479] (1966)). See MPEP § 2143. In this case, one of ordinary skill in the art could have substituted a known conventional information displayed (e.g., comprising details such as “to direct the user 204 through a selected one of a plurality of doors, corresponding to one of several possible pathways, according to scan results”, in order to “maintain positive control of a user”) for the unspecified information displayed of Chen et al. and the results of the substitution would have been predictable. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a known conventional information displayed (e.g., including details such as the operations further comprise controlling a downstream traffic flow gate in response to a result of the scan) as the unspecified information displayed of Chen et al.
In regard to claim 17 which is dependent on claim 16, the system of Chen et al. lacks an explicit description of details of the “… information displayed …” such as controlling the downstream traffic flow gate comprises opening a gate to a resolution zone responsive to the scan indicating an alarmed region. However, “… information displayed …” details are known to one of ordinary skill in the art (e.g., see “… to direct the user 204 through a selected one of a plurality of doors, corresponding to one of several possible pathways, according to scan results … doors are able to maintain positive control of a user, e.g., … physically denying exit from the chamber 310 until an alarm or alarms is resolved or an agent is ready to take control of the user upon exit from the chamber 310, e.g., for escorting the user to and/or applying enhanced screening and/or further resolution processes for the user. The system 300 is configured to direct the user to a selected one of a plurality of different egress paths 362 according to a result of the scan of the user. For example, responsive to the scan resulting in no unresolved alarms, the system 300 directs the user along a second one of the egress paths 362 to a secure area (e.g., the airport terminals). Responsive to an unresolved alarm, the system 300 directs the user along a first one of the egress paths 362 to secondary screening, or back out along the ingress path 360 to an unsecure area (e.g., to allow the user to self-divest a prohibited item by disposing of it before returning to the chamber 310 to re-scan)…” in paragraphs 33 and 54 of Hastings et al.). It should be noted that “when a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable results”. KSR International Co. v. Teleflex Inc., 550 U.S. 398 at 416, 82 USPQ2d 1385 (2007) at 1395 (citing United States v. Adams, 383 U.S. 39, 40 [148 USPQ 479] (1966)). See MPEP § 2143. In this case, one of ordinary skill in the art could have substituted a known conventional information displayed (e.g., comprising details such as “controlling the downstream traffic flow gate comprises opening a gate to a resolution zone responsive to the scan indicating an alarmed region”, in order to “maintain positive control of a user”) for the unspecified information displayed of Chen et al. and the results of the substitution would have been predictable. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a known conventional information displayed (e.g., including details such as controlling the downstream traffic flow gate comprises opening a gate to a resolution zone responsive to the scan indicating an alarmed region) as the unspecified information displayed of Chen et al.
In regard to claim 18 which is dependent on claim 16, the system of Chen et al. lacks an explicit description of details of the “… information displayed …” such as controlling the downstream traffic flow gate comprises opening an exit gate responsive to the scan indicating no alarmed regions. However, “… information displayed …” details are known to one of ordinary skill in the art (e.g., see “… to direct the user 204 through a selected one of a plurality of doors, corresponding to one of several possible pathways, according to scan results … doors are able to maintain positive control of a user, e.g., … physically denying exit from the chamber 310 until an alarm or alarms is resolved or an agent is ready to take control of the user upon exit from the chamber 310, e.g., for escorting the user to and/or applying enhanced screening and/or further resolution processes for the user. The system 300 is configured to direct the user to a selected one of a plurality of different egress paths 362 according to a result of the scan of the user. For example, responsive to the scan resulting in no unresolved alarms, the system 300 directs the user along a second one of the egress paths 362 to a secure area (e.g., the airport terminals). Responsive to an unresolved alarm, the system 300 directs the user along a first one of the egress paths 362 to secondary screening, or back out along the ingress path 360 to an unsecure area (e.g., to allow the user to self-divest a prohibited item by disposing of it before returning to the chamber 310 to re-scan) …” in paragraphs 33 and 54 of Hastings et al.). It should be noted that “when a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable results”. KSR International Co. v. Teleflex Inc., 550 U.S. 398 at 416, 82 USPQ2d 1385 (2007) at 1395 (citing United States v. Adams, 383 U.S. 39, 40 [148 USPQ 479] (1966)). See MPEP § 2143. In this case, one of ordinary skill in the art could have substituted a known conventional information displayed (e.g., comprising details such as “responsive to the scan resulting in no unresolved alarms, the system 300 directs the user along a second one of the egress paths 362 to a secure area (e.g., the airport terminals)”, in order to “maintain positive control of a user”) for the unspecified information displayed of Chen et al. and the results of the substitution would have been predictable. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a known conventional information displayed (e.g., including details such as controlling the downstream traffic flow gate comprises opening an exit gate responsive to the scan indicating no alarmed regions) as the unspecified information displayed of Chen et al.
Response to Arguments
Applicant’s arguments with respect to the amended and new claims have been fully considered but are moot in view of the new ground(s) of rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2024/0036230 teaches a millimeter-wave scanner for screening.
US 2024/0329232 teaches a radiation scanner for screening.
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.
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/SL/
Examiner, Art Unit 2884
/UZMA ALAM/Supervisory Patent Examiner, Art Unit 2884
1 posture is defined as “A position of a person's body or body parts” American Heritage® Dictionary of the English Language, Fifth Edition. Copyright © 2016 by Houghton Mifflin Harcourt Publishing Company. Published by Houghton Mifflin Harcourt Publishing Company. All rights reserved.