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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: Object Detection Device, Method, and Program Involving Setting Decimal Position.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-8 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The analysis of the claims will follow the 2019 Revised Patent Subject Matter Eligibility Guidelines (“2019 PEG”).
Step 1: Independent claims 1 (An object detection device), 7 (An object detection method), and 8 (A non-transitory storage medium storing a program executable by a computer to perform object detection processing) are directed towards a device (machine), a process (method), and a manufacture respectively. Therefore, these claims, as well as their dependent claims, are directed towards one of the four statutory categories (process, machine, manufacture, or composition of matter).
Claim 1
Step 2A, Prong 1: The claim states, inter alia:
Subject fixed-length data, in which a decimal point position is set, to arithmetic processing corresponding to respective layers in a plurality of layers configuring a multilayer neural network to which an input image is input, the arithmetic processing being performed according to a processing algorithm for the multilayer neural network;
This limitation recites a mathematical concept of mathematical calculations being performed according to an algorithm. See MPEP 2106.04(a)(2)(I)(C);
count, in the arithmetic processing, an upper limit number of saturations, which is a number of times that an upper limit value of a value range determined by the decimal point position is exceeded, and a lower limit number of saturations, which is a number of times that a lower limit value of the value range is not reached;
This limitation recites a mental process using observation, evaluation, judgment and opinion, with aid of pen and paper, to observe a count a number of times data is outside of a value range. See MPEP 2106.04(a)(2)(III);
count an upper limit number of saturation layers, which is a number of layers in which the upper limit number of saturations is one or larger, and a lower limit number of saturation layers, which is a number of layers in which the lower limit number of saturations is one or larger;
This limitation recites a mental process using observation, evaluation, judgment and opinion, with aid of pen and paper, to observe a count a number of layers where at least one piece of data is outside of a value range. See MPEP 2106.04(a)(2)(III);
determine whether at least one of an upper limit saturation threshold, which is a threshold of the upper limit number of saturations, or a lower limit saturation threshold, which is a threshold of the lower limit number of saturations, is optimal based on an amount of change in the upper limit number of saturation layers and an amount of change in the lower limit number of saturation layers counted by […], and,
This limitation recites a mental process using observation, evaluation, judgment and opinion, with aid of pen and paper, to judge that the count of the number of times data is outside of a value range is optimal based on an evaluation of a change in a count of a number of layers where at least one piece of data is outside of a value range. See MPEP 2106.04(a)(2)(III);
when determining that at least one of the upper limit saturation threshold or the lower limit saturation threshold is not optimal, […] changes at least one of the upper limit saturation threshold or the lower limit saturation threshold; and
This limitation recites a mental process using observation, evaluation, judgment and opinion, with aid of pen and paper, to write new thresholds based on a judgment. See MPEP 2106.04(a)(2)(III);
set the decimal point position for each layer in the plurality of layers, based on a result of the determination performed by the at least one processor
This limitation recites a mental process using observation, evaluation, judgment and opinion, with aid of pen and paper, to write new decimal point positions based on judgments. See MPEP 2106.04(a)(2)(III);
Step 2A, Prong 2: The additional elements recited in the claim do not integrate the judicial exception into a practical application.
Additional elements:
An object detection device, comprising:
This limitation is a mere recitation to apply an abstract idea on a generic object detection device. Mere instructions to apply a judicial exception on a generic machine cannot integrate a judicial exception into a practical application. See MPEP 2106.05(f);
a memory, and
This limitation is a mere recitation to apply an abstract idea on a generic object detection device. Mere instructions to apply a judicial exception on a generic machine cannot integrate a judicial exception into a practical application. See MPEP 2106.05(f);
at least one processor coupled to the memory
This limitation is a mere recitation to apply an abstract idea on a generic object detection device. Mere instructions to apply a judicial exception on a generic machine cannot integrate a judicial exception into a practical application. See MPEP 2106.05(f);
… the at least one processor …
This limitation is a mere recitation to apply an abstract idea on a generic object detection device. Mere instructions to apply a judicial exception on a generic machine cannot integrate a judicial exception into a practical application. See MPEP 2106.05(f);
Step 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
An object detection device, comprising:
This limitation is a mere recitation to apply an abstract idea on a generic object detection device. Mere instructions to apply a judicial exception on a generic machine is not significantly more than the judicial exception. See MPEP 2106.05(f);
a memory, and
This limitation is a mere recitation to apply an abstract idea on a generic memory. Mere instructions to apply a judicial exception on a generic manufacture is not significantly more than the judicial exception. See MPEP 2106.05(f);
at least one processor coupled to the memory
This limitation is a mere recitation to apply an abstract idea on a generic processor. Mere instructions to apply a judicial exception on a generic processor is not significantly more than the judicial exception. See MPEP 2106.05(f);
… the at least one processor …
This limitation is a mere recitation to apply an abstract idea on a generic processor. Mere instructions to apply a judicial exception on a generic processor is not significantly more than the judicial exception. See MPEP 2106.05(f);
Claim 2
Step 2A, Prong 1: The claim states, inter alia:
Wherein the […] determines whether the upper limit saturation threshold and the lower limit saturation threshold are optimal, using the amount of change in the upper limit number of saturation layers and the amount of change in the lower limit number of saturation layers in object detection performed twice by the […]
This limitation recites a mental process using observation, evaluation, judgment and opinion, with aid of pen and paper, to judge if thresholds are optimal based on changes in two counts. See MPEP 2106.04(a)(2)(III)
Step 2A, Prong 2: The additional elements recited in the claim do not integrate the judicial exception into a practical application.
Additional elements:
… at least one processor …
This limitation is a mere recitation to apply an abstract idea on a generic processor. Mere instructions to apply a judicial exception on a generic processor cannot integrate a judicial exception into a practical application. See MPEP 2106.05(f);
Step 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
… at least one processor …
This limitation is a mere recitation to apply an abstract idea on a generic processor. Mere instructions to apply a judicial exception on a processor is not significantly more than the judicial exception. See MPEP 2106.05(f);
Claim 3
Step 2A, Prong 1: The claim states, inter alia:
when at least one of the upper limit saturation threshold or the lower limit saturation threshold is determined not to be optimal, the […] increases the at least one of the upper limit saturation threshold or the lower limit saturation threshold determined not to be optimal, and
This limitation recites a mental process using observation, evaluation, judgment and opinion, with aid of pen and paper, to write new thresholds based on a judgment. See MPEP 2106.04(a)(2)(III);
when the upper limit saturation threshold and the lower limit saturation threshold are determined to be optimal, the […] sets the decimal point position based on the upper limit number of saturations and the lower limit number of saturations in a plurality of times of object detection performed by the […]
This limitation recites a mental process using observation, evaluation, judgment and opinion, with aid of pen and paper, to write new decimal point positions based on a judgment. See MPEP 2106.04(a)(2)(III);
Step 2A, Prong 2: The additional elements recited in the claim do not integrate the judicial exception into a practical application.
Additional elements:
… at least one processor …
This limitation is a mere recitation to apply an abstract idea on a generic processor. Mere instructions to apply a judicial exception on a generic processor cannot integrate a judicial exception into a practical application. See MPEP 2106.05(f);
Step 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
… at least one processor …
This limitation is a mere recitation to apply an abstract idea on a generic processor. Mere instructions to apply a judicial exception on a generic processor is not significantly more than the judicial exception. See MPEP 2106.05(f);
Claim 4
Step 2A, Prong 1: The claim states, inter alia:
Step 2A, Prong 2: The additional elements recited in the claim do not integrate the judicial exception into a practical application.
Additional elements:
Wherein the […] sets, for each layer in the plurality of layers, an increase value by which the at least one of the upper limit saturation threshold or the lower limit saturation threshold determined not to be optimal is to be increased.
This limitation recites a mental process using observation, evaluation, judgment and opinion, with aid of pen and paper, to write new value to increase by. See MPEP 2106.04(a)(2)(III);
Step 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
… at least one processor …
This limitation is a mere recitation to apply an abstract idea on a generic processor. Mere instructions to apply a judicial exception on a generic processor is not significantly more than the judicial exception. See MPEP 2106.05(f);
Claim 5
Step 2A, Prong 1: The claim states, inter alia:
Step 2A, Prong 2: The additional elements recited in the claim do not integrate the judicial exception into a practical application.
Additional elements:
in at least one of a case in which the amount of change in the upper limit number of saturation layers between a previous object detection and a current object detection is larger than an upper limit change threshold, or a case in which the amount of change in the lower limit number of saturation layers between the previous object detection and the current object detection is larger than a lower limit change threshold, the […] determines that a degree of change in the input image is high, and
This limitation recites a mental process using observation, evaluation, judgment and opinion, with aid of pen and paper, to judge that there is a high degree of change in an input based on a difference between observations. See MPEP 2106.04(a)(2)(III);
when the degree of change in the input image is determined to be high, the […] initializes the decimal point position, the upper limit saturation threshold, and the lower limit saturation threshold.
This limitation recites a mental process using observation, evaluation, judgment and opinion, with aid of pen and paper, to write new thresholds and decimal point positions, based on a judgment. See MPEP 2106.04(a)(2)(III);
Step 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
… at least one processor …
This limitation is a mere recitation to apply an abstract idea on a generic processor. Mere instructions to apply a judicial exception on a generic processor is not significantly more than the judicial exception. See MPEP 2106.05(f);
Claim 6
Step 2A, Prong 1: The claim states, inter alia:
when the number of changes reaches a predetermined maximum number, the […] changes the upper limit saturation threshold and the lower limit saturation threshold to the upper limit saturation threshold and the lower limit saturation threshold with which the amount of change in the upper limit number of saturation layers and the amount of change in the lower limit number of saturation layers are smallest.
This limitation recites a mental process using observation, evaluation, judgment and opinion, with aid of pen and paper, to write new thresholds based on a judgment of an evaluation of the differences between observations of the upper and lower limit numbers. See MPEP 2106.04(a)(2)(III);
Step 2A, Prong 2: The additional elements recited in the claim do not integrate the judicial exception into a practical application.
Additional elements:
The memory stores a number of changes made in the upper limit saturation threshold and the lower limit saturation threshold,
This limitation is an insignificant extra-solution activity, being post-solution activity, of mere data gathering. See MPEP 2106.05(g);
… at least one processor …
This limitation is a mere recitation to apply an abstract idea on a generic processor. Mere instructions to apply a judicial exception on a generic processor cannot integrate a judicial exception into a practical application. See MPEP 2106.05(f);
Step 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
The memory stores a number of changes made in the upper limit saturation threshold and the lower limit saturation threshold,
MPEP 2106.05(d)(II) indicates that storing and retrieving information in memory is a well-understood, routine, and conventional function when claimed in a merely generic manner (as it is in this claim).
… at least one processor …
This limitation is a mere recitation to apply an abstract idea on a generic processor. Mere instructions to apply a judicial exception on a generic processor cannot integrate a judicial exception into a practical application. See MPEP 2106.05(f);
Claim 7
Step 2A, Prong 1: The claim states, inter alia:
subject fixed-length data, in which a decimal point position is set, to arithmetic processing corresponding to respective layers in a plurality of layers configuring a multilayer neural network to which an input image is input, the arithmetic processing being performed in accordance with a processing algorithm for the multilayer neural network;
This limitation recites a mathematical concept of mathematical calculations being performed according to an algorithm. See MPEP 2106.04(a)(2)(I)(C);
in the arithmetic processing, count an upper limit number of saturations, which is a number of times that an upper limit value of a value range determined by the decimal point position is exceeded, and a lower limit number of saturations, which is a number of times that a lower limit value of the value range is not reached;
This limitation recites a mental process using observation, evaluation, judgment and opinion, with aid of pen and paper, to observe a count a number of times data is outside of a value range. See MPEP 2106.04(a)(2)(III);
count an upper limit number of saturation layers, which is a number of layers in which the upper limit number of saturations is one or larger, and a lower limit number of saturation layers, which is a number of layers in which the lower limit number of saturations is one or larger;
This limitation recites a mental process using observation, evaluation, judgment and opinion, with aid of pen and paper, to observe a count a number of layers where at least one piece of data is outside of a value range. See MPEP 2106.04(a)(2)(III);
change at least one of an upper limit saturation threshold, which is a threshold of the upper limit number of saturations, or a lower limit saturation threshold, which is a threshold of the lower limit number of saturations, when at least one of the upper limit saturation threshold or the lower limit saturation threshold is not optimal, based on an amount of change in the upper limit number of saturation layers and an amount of change in the lower limit number of saturation layers; and
This limitation recites a mental process using observation, evaluation, judgment and opinion, with aid of pen and paper, to judge that the count of the number of times data is outside of a value range is not optimal based on an evaluation of a change in a count of a number of layers where at least one piece of data is outside of a value range and to write new thresholds based on the judgment. See MPEP 2106.04(a)(2)(III);
set the decimal point position for each layer in the plurality of layers, based on a result of determination as to whether at least one of the upper limit saturation threshold or the lower limit saturation threshold is optimal.
This limitation recites a mental process using observation, evaluation, judgment and opinion, with aid of pen and paper, to write new decimal point positions based on judgments of optimality. See MPEP 2106.04(a)(2)(III);
Step 2A, Prong 2: There are no further additional elements in this claim
Step 2B: There are no further additional elements in this claim
Claim 8
Step 2A, Prong 1: The claim states, inter alia:
subjecting fixed-length data, in which a decimal point position is set, to arithmetic processing corresponding to respective layers in a plurality of layers configuring a multilayer neural network to which an input image is input, the arithmetic processing being performed in accordance with a processing algorithm for the multilayer neural network;
This limitation recites a mathematical concept of mathematical calculations being performed according to an algorithm. See MPEP 2106.04(a)(2)(I)(C);
in the arithmetic processing, counting an upper limit number of saturations, which is a number of times that an upper limit value of a value range determined by the decimal point position is exceeded, and a lower limit number of saturations, which is a number of times that a lower limit value of the value range is not reached;
This limitation recites a mental process using observation, evaluation, judgment and opinion, with aid of pen and paper, to observe a count a number of times data is outside of a value range. See MPEP 2106.04(a)(2)(III);
counting an upper limit number of saturation layers, which is a number of layers in which the upper limit number of saturations is one or larger, and a lower limit number of saturation layers, which is a number of layers in which the lower limit number of saturations is one or larger;
This limitation recites a mental process using observation, evaluation, judgment and opinion, with aid of pen and paper, to observe a count a number of layers where at least one piece of data is outside of a value range. See MPEP 2106.04(a)(2)(III);
changing at least one of an upper limit saturation threshold, which is a threshold of the upper limit number of saturations, or a lower limit saturation threshold, which is a threshold of the lower limit number of saturations, when at least one of the upper limit saturation threshold or the lower limit saturation threshold is not optimal, based on an amount of change in the upper limit number of saturation layers and an amount of change in the lower limit number of saturation layers; and
This limitation recites a mental process using observation, evaluation, judgment and opinion, with aid of pen and paper, to judge that the count of the number of times data is outside of a value range is not optimal based on an evaluation of a change in a count of a number of layers where at least one piece of data is outside of a value range and to write new thresholds based on the judgment. See MPEP 2106.04(a)(2)(III);
setting the decimal point position for each layer in the plurality of layers, based on a result of determination as to whether at least one of the upper limit saturation threshold or the lower limit saturation threshold is optimal.
This limitation recites a mental process using observation, evaluation, judgment and opinion, with aid of pen and paper, to write new decimal point positions based on judgments of optimality. See MPEP 2106.04(a)(2)(III);
Step 2A, Prong 2: The additional elements recited in the claim do not integrate the judicial exception into a practical application.
Additional elements:
A non-transitory storage medium storing a program executable by a computer to perform object detection processing
This limitation is a mere recitation to apply an abstract idea on a generic non-transitory storage medium. Mere instructions to apply a judicial exception on a generic manufacture cannot integrate a judicial exception into a practical application. See MPEP 2106.05(f);
Step 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Additional elements:
A non-transitory storage medium storing a program executable by a computer to perform object detection processing
This limitation is a mere recitation to apply an abstract idea on a generic non-transitory storage medium. Mere instructions to apply a judicial exception on a generic manufacture is not significantly more than a judicial exception. See MPEP 2106.05(f);
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Patents and/or related publications are cited in the Notice of References Cited (Form PTO-892) attached to this action to further show the state of the art with respect to fixed-point decimal position changing, and object detection.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DYLAN H LAI whose telephone number is (571)272-8628. The examiner can normally be reached Monday - Friday 7:30am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tamara Kyle can be reached at 5712524241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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D. H. L.
Examiner
Art Unit 2144
/TAMARA T KYLE/Supervisory Patent Examiner, Art Unit 2144
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