DETAILED ACTION
Summary
This Office Action is in response to reply dated September 30, 2025. Claims 1, 3-10 and 12-19 are currently pending.
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 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.
Claims 1, 3-10 and 12-19 are rejected under 35 U.S.C. 103 as being unpatentable over Nichani (US 2005/0093697 A1) in view of Baumgarte (US 2020/0098211 A1).
Regarding claim 1, Nichani discloses a people detector for detecting when people pass through a doorway of a door by which the people detector is installed, the people detector (see at least Figure 3, items 150 and 210 | [0051] note the stereo door sensor monitors people (150) passing through a door (210) via sensors (100a, 100b)) comprising:
a people sensor being configured to provide an image (see at least Figure 3, items 100a and 100b | [0048] note the sensors (100a, 100b) can be cameras);
a processor (see at least Figure 3, item 220 | [0007] note processor); and
cause the people detector to:
receive a door status signal indicating opening status of the door, wherein the door status signal is a signal capable of indicating fully open, closed and a plurality of different extents of opening between fully open and closed (see at least Figure 4A-5, item 270 | [0055] note the position encoder (270) can provide indicate various degrees of opening between fully open and closed);
configure the people detector to process images when the door status signal reaches a threshold amount (see at least Figure 10A, item 512 | [0170] note when the door (210) opens (e.g., swinging door/sliding door) or when an encoder angle hits the start angle (e.g., revolving door), frames of images are received on which processing is done); and
determine when a person passes through the doorway based on the people sensor and the door status signal (see at least [0054-0055] note the door status signal from the position encoder (270) defines the target volume (240) used to determine whether or not a person (215) passes through the doorway (210) | [0057] | [0068-0069] note the filter (330) clips or excludes all 3D image points outside of the dynamic target volume (240) which is defined via the position encoder (270));
wherein the people detector is caused to:
estimate where, in the image, the door is represented based on the door status signal (see at least [0054-0055] | [0068-0069]);
exclude a region in the image where the door is estimated to be represented (see at least [0068-0069] note 3D image points of the door are excluded leaving only the target volume (240)); and
exclude a region in the image on a distal side of where the door is estimated to be represented, the distal side being distal from the doorway (see at least Figures 4B-4C).
However, Nichani does not specifically teach a memory storing instructions that, when executed by the processor, cause the people detector to perform an operation; configure the people detector to be in an active state; and wherein the instructions to determine comprise instructions that, when executed by the processor, cause the people detector to perform an operation.
It is known for computing devices to utilize processors, memory and executable instructions. For example, Baumgarte teaches a system that provides access control that utilizes a memory storing instructions that, when executed by a processor, cause a people detector to perform an operation; configure the people detector to be in an active state when a door status signal moves from a closed position to the open position; and wherein the instructions to determine comprise instructions that, when executed by the processor, cause the people detector to perform an operation (see at least [0013] | [0029-0030] note the start condition is based at least on signals received from the barrier state sensor (130), such as when the barrier (76) moves from a closed to open position, where the threshold amount corresponds to an amount more than the closed position | [0019]).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the features of Baumgarte into Nichani. This provides the ability automate, program and reprogram Nichani’s system. This also provides a system with the ability to conserve power.
Regarding claim 3, Nichani in view of Baumgarte teach wherein the people detector is configured to configure the people detector to be in a low-power state when the door status signal is before threshold amount (see at least [0170] of Nichani, note when the door (210) opens (e.g., swinging door/sliding door) or when an encoder angle hits the start angle (e.g., revolving door), frames of images are received on which processing is done, otherwise no image processing is performed [0030] of Baumgarte, note the device goes to sleep when the barrier is not opened for a predetermined amount of time).
Regarding claim 4, Nichani in view of Baumgarte teach wherein the instructions to determine comprise instructions that, when executed by the processor, cause the people detector to: determine how many people pass through the doorway based on how long the door stays open (see at least [0057] of Nichani | [0029-0030] of Baumgarte, note that counting people only occurs before the device goes to sleep when the barrier is not opened for a predetermined amount of time | [0041] of Baumgarte).
Regarding claim 5, Nichani in view of Baumgarte teach wherein the instructions to determine comprise instructions that, when executed by the processor, cause the people detector to: determine how many people pass through the doorway based on how the door status signal varies over time (see at least [0057] of Nichani, note tracking the number of people in the dynamic target volume | [0068] of Nichani, note the dynamic target volume is based on the varying door status signal over time).
Regarding claim 6, Nichani in view of Baumgarte teach wherein the instructions to estimate comprise instructions that, when executed by the processor, cause the people detector to: estimate where, in the image, the door is represented based on the door status signal and depth data of the image (see at least [0054-0055] of Nichani | [0068-0069] of Nichani | [0099-0100] of Nichani, note depth data).
Regarding claim 7, Nichani in view of Baumgarte teach wherein the instructions to determine comprise instructions that, when executed by the processor, cause the people detector to: exclude a central region in the image (see at least Figures 4B-4C of Nichani, note the central region could correspond to a region encompassing the door’s axis).
Regarding claim 8, Nichani in view of Baumgarte teach wherein the instructions to exclude comprise instructions that, when executed by the processor, cause the people detector to ignore the excluded regions in subsequent processing to determine when a person passes through the doorway (see at least [0068-0069] of Nichani | Figures 4B-4C of Nichani, note the excluded regions are ignored, and the target volume is only monitored).
Regarding claim 9, Nichani in view Baumgarte teach wherein the instructions to exclude comprise instructions that, when executed by the processor, cause the people detector to prevent the excluded regions from being received from the people sensor (see at least [0029-0030] of Baumgarte, note the device can be configured to go to sleep when the barrier is not opened which causes the excluded regions from being received).
Regarding claim 10, Nichani discloses a method for detecting when people pass through a doorway of a door by which a people detector is installed, the method being performed in the people detector (see at least Figure 3, items 150 and 210 | [0051] note the stereo door sensor monitors people (150) passing through a door (210) via sensors (100a, 100b)), the method comprising:
receiving a door status signal indicating opening status of the door, wherein the door status signal is a signal capable of indicating fully open, closed and a plurality of different extents of opening between fully open and closed (see at least Figure 4A-5, item 270 | [0055] note the position encoder (270) can provide various degrees of opening between fully open and closed);
configure the people detector to begin to process images when the door status signal reaches a threshold amount (see at least Figure 10A, item 512 | [0170] note when the door (210) opens (e.g., swinging door/sliding door) or when an encoder angle hits the start angle (e.g., revolving door), frames of images are received on which processing is done); and
obtaining a sensor signal from a people sensor of the people detector, wherein the people sensor provides an image (see at least Figure 3, items 100a and 100b | [0048] note the sensors (100a, 100b) can be cameras); and
determining when a person passes through the doorway based on the door status signal and the sensor signal (see at least [0054-0055] note the door status signal from the position encoder (270) defines the target volume (240) used to determine whether or not a person (215) passes through the doorway (210) | [0057] | [0068-0069] note the filter (330) clips or excludes all 3D image points outside of the dynamic target volume (240) which is defined via the position encoder (270));
wherein the determining comprises:
estimating where, in an image from the people sensor, the door is represented based on the door status signal (see at least [0054-0055] | [0068-0069]);
excluding a region in the image where the door is estimated to be represented (see at least [0068-0069] note 3D image points of the door are excluded leaving only the target volume (240)); and
excluding a region in the image on a distal side of where the door is estimated to be represented, the distal side being distal from the doorway (see at least Figures 4B-4C).
However, Nichani does not specifically teach configuring the people detector to be in an active state.
It is known for computing devices to utilize processors, memory and executable instructions. For example, Baumgarte teaches a system that provides access control that configures the people detector to be in an active state when a door status signal moves from a closed position to the open position (see at least [0013] | [0029-0030] note the start condition is based at least on signals received from the barrier state sensor (130), such as when the barrier (76) moves from a closed to open position, where the threshold amount corresponds to an amount more than the closed position | [0019]).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the features of Baumgarte into Nichani. This also provides a system with the ability to conserve power.
Regarding claim 12, Nichani in view of Baumgarte teach configuring the people detector to be in a low-power state when the door status signal is before the threshold amount (see at least [0170] of Nichani, note when the door (210) opens (e.g., swinging door/sliding door) or when an encoder angle hits the start angle (e.g., revolving door), frames of images are received on which processing is done, otherwise no image processing is performed [0030] of Baumgarte, note the device goes to sleep when the barrier is not opened for a predetermined amount of time).
Regarding claim 13, Nichani in view of Baumgarte teach wherein the determining comprises determining how many people pass through the doorway based on how long the door stays open (see at least [0057] of Nichani | [0029-0030] of Baumgarte, note that counting people only occurs before the device goes to sleep when the barrier is not opened | [0041] of Baumgarte).
Regarding claim 14, Nichani in view of Baumgarte teach wherein the determining comprises determining how many people pass through the doorway based on how the door status signal varies over time (see at least [0057] of Nichani, note tracking the number of people in the dynamic target volume | [0068] of Nichani, note the dynamic target volume is based on the varying door status signal over time).
Regarding claim 15, Nichani in view of Baumgarte teach wherein estimating comprises estimating where, in the image, the door is represented based on the door status signal and depth data of the image (see at least [0054-0055] of Nichani | [0068-0069] of Nichani | [0099-0100] of Nichani, note depth data).
Regarding claim 16, Nichani in view of Baumgarte teach wherein the determining comprises: excluding a central region in the image (see at least Figures 4B-4C of Nichani, note the central region could correspond to a region encompassing the door’s axis).
Regarding claim 17, Nichani in view of Baumgarte teach wherein the excluding comprises ignoring the excluded regions in subsequent processing to determine when a person passes through the doorway (see at least [0068-0069] of Nichani | Figures 4B-4C of Nichani, note the excluded regions are ignored, and the target volume is only monitored).
Regarding claim 18, Nichani in view of Baumgarte teach wherein the excluding comprises preventing the excluded regions from being received from the people sensor (see at least [0029-0030] of Baumgarte, note the device can be configured to go to sleep when the barrier is not opened which causes the excluded regions from being received).
Regarding claim 19, Nichani discloses people detector for detecting when people pass through a doorway of a door by which the people detector is installed (see at least Figure 3, items 150 and 210 | [0051] note the stereo door sensor monitors people (150) passing through a door (210) via sensors (100a, 100b)), the people detector causes the people detector to:
receive a door status signal indicating opening status of the door, wherein the door status signal is a signal capable of indicating fully open, closed and a plurality of different extents of opening between fully open and closed (see at least Figure 4A-5, item 270 | [0055] note the position encoder (270) can provide up to 360 degrees of opening between fully open and closed);
configure the people detector to begin to process images when the door status signal reaches a threshold amount (see at least Figure 10A, item 512 | [0170] note when the door (210) opens (e.g., swinging door/sliding door) or when an encoder angle hits the start angle (e.g., revolving door), frames of images are received on which processing is done); and
determine when a person passes through the doorway based on the door status signal and a people sensor of the people detector, wherein the people sensor provides an image (see at least Figure 3, items 100a and 100b | [0048] note the sensors (100a, 100b) can be cameras | [0054-0055] note the door status signal from the position encoder (270) defines the target volume (240) used to determine whether or not a person (215) passes through the doorway (210) | [0057] | [0068-0069] note the filter (330) clips or excludes all 3D image points outside of the dynamic target volume (240) which is defined via the position encoder (270));
wherein the people detector causes the people detector to:
estimate where, in an image from the people sensor, the door is represented based on the door status signal (see at least [0054-0055] | [0068-0069]);
exclude a region in the image where the door is estimated to be represented (see at least [0068-0069] note 3D image points of the door are excluded leaving only the target volume (240)); and
exclude a region in the image on a distal side of the door, the distal side being distal from the doorway (see at least Figures 4B-4C).
However, Nichani does not specifically disclose a non-transitory computer readable medium storing a computer program for detecting when people pass through a doorway of a door by which a people detector is installed, the computer program comprising computer program code which, when executed on the people detector causes the people detector to perform operations; and configuring the people detector to be in an active state.
It is known for computing devices to utilize processors, memory and executable instructions. For example, Baumgarte teaches a system that provides access control with a non-transitory computer readable medium storing a computer program for detecting when people pass through a doorway of a door by which a people detector is installed, the computer program comprising computer program code which, when executed on the people detector causes the people detector to perform operations; and configuring the people detector to be in an active state (see at least [0013] | [0029-0030] note the start condition is based at least on signals received from the barrier state sensor (130), such as when the barrier (76) moves from a closed to open position, where the threshold amount corresponds to an amount more than the closed position | [0019]).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the features of Baumgarte into Nichani. This also provides a system with the ability to conserve power.
Response to Arguments
Applicant’s arguments filed September 30, 2025 have been fully considered but they are not persuasive.
Applicant asserts “Claim 1 recites a non-binary door status signal ‘capable of indicating fully open, closed, and a plurality of different extents of opening between fully open and closed.’”
In response, it is noted that the phrase “capable of” does not require the door status signal to indicate fully open, closed, and a plurality of different extents of opening between fully open and closed, just be capable of it.
Applicant asserts “Claim 1 is amended to require the instructions to further cause the people detector to ‘configure the people detector to be in an active state when the door status signal reaches a threshold amount.’ In this regard, Claim 1 defines setting the people detector in an active state after a comparison of a non-binary door status signal to a threshold amount…
Baumgarte does not teach or suggest setting a people detector in an active state after a comparison of a non-binary door status signal to a threshold amount. Instead, Baumgarte appears merely to describe a binary barrier state sensor 130 configured to sense whether a barrier 76 is in a first ‘access-permitting state’ or second ‘access-preventing state.’3 That is, the barrier state sensor 130 appears only described by Baumgarte as making a binary detection of an ‘open/closed position of the barrier 76,’4 and not as comparing any non-binary status signal against any threshold amount. Thus, Baumgarte does not teach or suggest setting a people detector in an active state after a comparison of a non-binary door status signal to a threshold amount, or more particularly ‘configur[ing] the people detector to be in an active state when the door status signal reaches a threshold amount,’ as recited in Applicant's amended Claim 1.
Moreover, Applicant respectfully asserts that the rationale for combining the cited references is improper. For example, paragraph [0054] of Nichani states that ‘[a]s the door rotates, the sensor continuously receives updates from the door 210 regarding door position and rotates the target volume accordingly.’ That is, Nichani explicitly highlights the importance of continuous imaging throughout rotation of the door so that the target volume can be dynamically updated, a teaching that would dissuade a person of ordinary skill in the art from shutting cameras off at certain angles (e.g., thresholds), despite the Office's alleged benefit of the ‘ability to conserve power.’”
In response, Nichani clearly teaches comparing any non-binary status signal against a threshold amount. For example, in paragraph [0170] Nichani clearly states that a “reset signal is produced when a door opens (e.g., swinging door/sliding door) or when an encoder angle hits the start angle (e.g., revolving door). From then on [[a]] frames are received on which processing is done and the frame count is increased by 1.” Paragraph [0091] states “A top view of the target volume 510 is shown defined for the entry sensor 100a (not shown). In this example, the target volume 510 has a pie-type shape defined within a start angle 512 and a span angle 514.” That is, Nichani explicitly highlights the importance of non-continuous imaging throughout rotation of the door so that the target volume can be dynamically updated as a result of the start angle. Additionally, this teaching would not dissuade a person of ordinary skill in the art from shutting cameras off at certain angles (e.g., thresholds), despite the Applicant’s alleged argument, thus providing the ability to conserve power.
Baumgarte is used to specifically show that a system can exit and enter a sleep mode, or enter and exit an active mode as a result of door position. Baumgarte would allow Nichani’s system to conserver power at least up until the end of the start angle when camera frames need to be processed. Applicant’s arguments are not persuasive.
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.
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/BRIAN WILSON/Primary Examiner, Art Unit 2689