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 .
Claim Status
Claims 1-10 are pending for examination in the application filed 09/29/2023.
Priority
Acknowledgement is made of Applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent application JP2022-159283 filed on 10/03/2022 and JP2023-112494 filed on 07/07/2023.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 09/29/2023 and 06/10/2024 have been considered by the examiner.
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, 3, and 8-10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Plummer (US20230092401A1).
Regarding claim 1, Plummer teaches an image processing apparatus communicable with an image capturing apparatus, the image processing apparatus comprising circuitry configured to ([0009] The present invention provides systems and methods for tracking items (e.g., commodities, goods, containers, boxes, packages, etc.)…The system may utilize image sensors, image recognition and processes software, position translation software, and a virtual model):
acquire an image of an imaging range of the image capturing apparatus, captured by the image capturing apparatus; recognize an identification that identifies an individual target object included in the image ([0011] The tracking system may utilize image recognition and processing software capable of identifying the machine-readable optical markers in digital images captured by the image sensors of the mobile computing devices…Each of the machine-readable optical markers may have a unique code (e.g., a 2-dimensional code) that identifies the particular marker and its location within the defined space);
calculate a trajectory of positions between which the target object included in the image moves; estimate an area in which the target object is present based on the trajectory; acquire the trajectory based on the positions at which the identification of the target object is recognized ([0010] The tracking system of the present invention may track all movements of containers or objects received and stored by the operator of the tracking system. The tracking system may include electronic devices and software operable to execute an automated process for tracking the movement and positions of the containers or objects, such that the tracking system may have a complete or substantially complete history of the movement and locations of the containers or objects that may be recorded in a centralized database. [0029] More specifically, the image recognition and processing software analyzes an image for the presence of optical markers therein, analyzes the orientation of the optical marker relative to the mobile computing device that captured the image, identifies the data provided on such optical markers and identifies the real-world location of the marker based on the data, calculates the location of a mobile computing device relative to the machine-readable optical markers based on the real-world location of the optical markers, and translates that relative location to a defined real-world location within the pre-defined space);
and obtain individual area estimation information associating the estimated area corresponding to the acquired trajectory and the identification of the target object ([0071] The lookup process software may provide output instructions on a display screen of a mobile computing device (e.g., carried by a human operator or installed on a transport vehicle), including a list of the data contained in the record of the particular container(s) or object(s) (e.g., the identification number(s) of the containers or objects, source data, delivery date and time data, lot or batch data, identity of goods data, etc.), and a map of the pre-defined space with one or more location identifiers (e.g., pins or points) that identify the location of the container(s) or object(s)).
Regarding claim 3, Plummer teaches the apparatus of claim 1. Plummer further teaches wherein the circuitry is further configured to determine whether the identification is recognizable based on a number of characters in the identification ([0040] The identity of the optical marker can be determined by analyzing the data provided in the matrix code. The image recognition and processing software may be programmed to recognize the broken columns and rows of the matrix code in the data section, which may be a pre-determined number of “cells” that may be filled with a dark color (e.g., black) or a light color (e.g., white). Each matrix code may have a unique pattern of dark and light cells within the matrix code, allowing each optical marker to be uniquely identified).
Regarding claim 8, Plummer teaches an image processing system comprising: an image capturing apparatus to capture an image of an imaging range of the image capturing apparatus; and an image processing apparatus communicable with the image capturing apparatus, including circuitry configured to ([0009] The present invention provides systems and methods for tracking items (e.g., commodities, goods, containers, boxes, packages, etc.)…The system may utilize image sensors, image recognition and processes software, position translation software, and a virtual model):
acquire the image from the image capturing apparatus; recognize an identification that identifies an individual target object included in the image ([0011] The tracking system may utilize image recognition and processing software capable of identifying the machine-readable optical markers in digital images captured by the image sensors of the mobile computing devices…Each of the machine-readable optical markers may have a unique code (e.g., a 2-dimensional code) that identifies the particular marker and its location within the defined space);
calculate a trajectory of positions between which the target object included in the image moves; estimate an area in which the target object is present based on the trajectory; acquire the trajectory based on the positions at which the identification of the target object is recognized ([0010] The tracking system of the present invention may track all movements of containers or objects received and stored by the operator of the tracking system. The tracking system may include electronic devices and software operable to execute an automated process for tracking the movement and positions of the containers or objects, such that the tracking system may have a complete or substantially complete history of the movement and locations of the containers or objects that may be recorded in a centralized database. [0029] More specifically, the image recognition and processing software analyzes an image for the presence of optical markers therein, analyzes the orientation of the optical marker relative to the mobile computing device that captured the image, identifies the data provided on such optical markers and identifies the real-world location of the marker based on the data, calculates the location of a mobile computing device relative to the machine-readable optical markers based on the real-world location of the optical markers, and translates that relative location to a defined real-world location within the pre-defined space);
and obtain individual area estimation information associating the estimated area corresponding to the acquired trajectory and the identification of the target object ([0071] The lookup process software may provide output instructions on a display screen of a mobile computing device (e.g., carried by a human operator or installed on a transport vehicle), including a list of the data contained in the record of the particular container(s) or object(s) (e.g., the identification number(s) of the containers or objects, source data, delivery date and time data, lot or batch data, identity of goods data, etc.), and a map of the pre-defined space with one or more location identifiers (e.g., pins or points) that identify the location of the container(s) or object(s)).
Regarding claim 9, Plummer teaches the system of claim 8. Plummer further teaches a communication terminal including another circuitry configured to: receive the individual area estimation information from the image processing apparatus; and display, on a display, the identification and the area in which the target object attached with the identification is present, based on the individual area estimation information ([0071] The lookup process software may provide output instructions on a display screen of a mobile computing device (e.g., carried by a human operator or installed on a transport vehicle), including a list of the data contained in the record of the particular container(s) or object(s) (e.g., the identification number(s) of the containers or objects, source data, delivery date and time data, lot or batch data, identity of goods data, etc.), and a map of the pre-defined space with one or more location identifiers (e.g., pins or points) that identify the location of the container(s) or object(s)).
Regarding claim 10, Plummer teaches an image processing method executed by an image processing apparatus communicable with an image capturing apparatus, the method comprising ([0009] The present invention provides systems and methods for tracking items (e.g., commodities, goods, containers, boxes, packages, etc.)…The system may utilize image sensors, image recognition and processes software, position translation software, and a virtual model):
acquiring an image of an imaging range of the image capturing apparatus, captured by the image capturing apparatus; recognizing an identification that identifies an individual target object included in the image ([0011] The tracking system may utilize image recognition and processing software capable of identifying the machine-readable optical markers in digital images captured by the image sensors of the mobile computing devices…Each of the machine-readable optical markers may have a unique code (e.g., a 2-dimensional code) that identifies the particular marker and its location within the defined space);
calculating a trajectory of positions between which the target object included in the image moves; estimating an area in which the target object is present based on the trajectory ([0010] The tracking system of the present invention may track all movements of containers or objects received and stored by the operator of the tracking system. The tracking system may include electronic devices and software operable to execute an automated process for tracking the movement and positions of the containers or objects, such that the tracking system may have a complete or substantially complete history of the movement and locations of the containers or objects that may be recorded in a centralized database. [0029] More specifically, the image recognition and processing software analyzes an image for the presence of optical markers therein, analyzes the orientation of the optical marker relative to the mobile computing device that captured the image, identifies the data provided on such optical markers and identifies the real-world location of the marker based on the data, calculates the location of a mobile computing device relative to the machine-readable optical markers based on the real-world location of the optical markers, and translates that relative location to a defined real-world location within the pre-defined space);
and obtain individual area estimation information associating the estimated area corresponding to the acquired trajectory and the identification of the target object, the acquired trajectory having been acquired based on the positions at which the identification of the target object is recognized ([0071] The lookup process software may provide output instructions on a display screen of a mobile computing device (e.g., carried by a human operator or installed on a transport vehicle), including a list of the data contained in the record of the particular container(s) or object(s) (e.g., the identification number(s) of the containers or objects, source data, delivery date and time data, lot or batch data, identity of goods data, etc.), and a map of the pre-defined space with one or more location identifiers (e.g., pins or points) that identify the location of the container(s) or object(s)).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Plummer in view of Muffat (US20220398399A1).
Regarding claim 2, Plummer teaches the apparatus of claim 1. Muffat, in the same field of endeavor of image identification analysis, teaches wherein the circuitry is further configured to determine whether the identification is recognizable based on an aspect ratio of a region in which the identification in the image is included ([0066] To verify that the rectangle detected corresponds to the barcode 630, the aspect ratio of the detected rectangle is compared to an aspect ratio of an actual barcode on an ID card. If the value obtained is too far off, no rotation is applied).
Therefore, it would have been obvious to a person of ordinary skill in the art at the time that the invention was made to modify the apparatus of Plummer with the teachings of Muffat to use the aspect ratio to determine whether the identification is recognizable because "the poor quality of scanned documents and the noisiness introduced by additional marks on the scanned images makes the OCR process challenging and requires a lot of effort and time during image preprocessing stages" [Muffat 0004].
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Plummer in view of Kuno (US5243418A).
Regarding claim 4, Plummer teaches the apparatus of claim 1. Kuno, in the same field of endeavor of object tracking, teaches wherein the circuitry is further configured to determine whether to end tracking of the target object based on a time period during when the trajectory is not updated ([col. 10 ln. 7-16] If no moving vector is detected in tracking processing of the tracking unit 310, it may be considered that a tracking failure occurred, or a target object stands still, or an extracted changing area is not associated with a moving object. In this case, the tracking processing is stopped, and a change detecting operation is resumed. Even if no moving vector is detected depending on the characteristics of an object, tracking need not be immediately stopped, but may be stopped only if no vector is detected at several time points).
Therefore, it would have been obvious to a person of ordinary skill in the art at the time that the invention was made to modify the apparatus of Plummer with the teachings of Kuno to end tracking if the trajectory is not updated for a time period because "With this processing, tracking processing can be more reliably performed" [Kuno col. 11 ln, 27-29].
Regarding claim 5, Plummer teaches the apparatus of claim 1. Kuno teaches wherein the circuitry is further configured to determine whether to end tracking of the target object based on an amount of movement of the target object in a predetermined period of time ([col. 10 ln. 7-16] If no moving vector is detected in tracking processing of the tracking unit 310, it may be considered that a tracking failure occurred, or a target object stands still, or an extracted changing area is not associated with a moving object. In this case, the tracking processing is stopped, and a change detecting operation is resumed. Even if no moving vector is detected depending on the characteristics of an object, tracking need not be immediately stopped, but may be stopped only if no vector is detected at several time points).
Therefore, it would have been obvious to a person of ordinary skill in the art at the time that the invention was made to modify the apparatus of Plummer with the teachings of Kuno to end tracking if the trajectory based on an amount movement for a time period because "With this processing, tracking processing can be more reliably performed" [Kuno col. 11 ln, 27-29].
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Plummer in view of Kazmierczak (US11194052B1).
Regarding claim 6, Plummer teaches the apparatus of claim 1. Kazmierczak, in the same field of endeavor of position tracking, teaches wherein the circuitry is configured to estimate the area in which the target object is present based on a direction in which the target object is estimated to move in a future on a basis of the trajectory and a direction of another area adjacent to an area of the imaging range in the image ([col. 14 ln 12-15] For example, in some embodiments, the position estimator 435 may estimate the current position from the last known position, a heading direction, speed, various sensor or other source readings, and/or the like).
Therefore, it would have been obvious to a person of ordinary skill in the art at the time that the invention was made to modify the apparatus of Plummer with the teachings of Kazmierczak to estimate the area in which a target object is located based on the future direction because "when interference and/or spoofing is detected, the targeting system 225 can use the estimated current position to adjust the distance to the target and/or the desired targeting trajectory to the target…the inventive concepts disclosed herein can improve operation of the targeting system 225 by adjusting for potential errors in the position data to improve the accuracy and precision of targeting solutions" [Kazmierczak col. 10 ln. 11-21].
Regarding claim 7, Plummer teaches the apparatus of claim 1. Kazmierczak, in the same field of endeavor of position tracking, teaches wherein the circuitry is configured to estimate the area in which the target object is present based on a position in which the target object is last detected ([col. 14 ln 7-12] In this case, in some embodiments, the position estimator 435 estimates the current position based on a last known position of the vehicle 401, for example, at a last time when the position data was calculated based on a reliable satellite signal).
Therefore, it would have been obvious to a person of ordinary skill in the art at the time that the invention was made to modify the apparatus of Plummer with the teachings of Kazmierczak to estimate the area in which a target object is located based on the last detected position because "when interference and/or spoofing is detected, the targeting system 225 can use the estimated current position to adjust the distance to the target and/or the desired targeting trajectory to the target…the inventive concepts disclosed herein can improve operation of the targeting system 225 by adjusting for potential errors in the position data to improve the accuracy and precision of targeting solutions" [Kazmierczak col. 10 ln. 11-21].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Landgrebe (US20240071155A1) teaches tracking objects and determining trajectories using unique identifiers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jacqueline R Zak whose telephone number is (571)272-4077. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Emily Terrell can be reached at (571) 270-3717. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACQUELINE R ZAK/Examiner, Art Unit 2666
/EMILY C TERRELL/Supervisory Patent Examiner, Art Unit 2666