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 are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the features that correlate to paragraphs of the specification [0006-0009, 0028-0045, and 0051] relating to clustering techniques must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1-18 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “some” in claim 1, 6, 8, 10, 15 and 17 is a relative term which renders the claim indefinite. The term “some” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The examiner suggests adding a definition to what is considered to be “some”.
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.
Claim(s) 1-18 is/are rejected under 35 U.S.C. 102 (a)(2) as being clearly anticipated by Tabak (US 20240290069 A1).
Regarding claims 1 and 10, Tabak discloses obtaining a group of untagged images, each untagged image captures an instance of an item ([0029] Method 100 may start by step 110 of obtaining a group of untagged images, each untagged image captures an instance of an item.);
wherein at least some of the untagged images capture different instances of the item ([0029] At least some of the untagged images capture different instances of the item.);
obtaining multiple sets of item pixels from the untagged images of the group, each set originated from an untagged image of the group and comprises multiple item pixels ([0030] Step 110 may be followed by step 120 of obtaining multiple sets of item pixels from the untagged images of the group, each set originated from an untagged image of the group and may include multiple item pixels.);
determining item features of the item for each set, based on the multiple item pixels of the set and ([0031] Step 120 may be followed by step 130 of determining item features of the item for each set, based on the multiple item pixels of the set.);
repeating, until reaching an end condition the steps of ("[0032] Step 130 may be followed by step 140 of executing a repetitive clustering process.
[0033] Step 140 may include step 141 of repeating, until reaching an end condition, steps 142, 143, and 144."):
a. selecting some of the sets as centroids ([0034] Step 142 may include selecting some of the sets as centroids.);
b. clustering the item features of the some of the sets to provide clusters, wherein the clustering is based, at least in part, on the centroids ([0035] Step 143 may include clustering the item features of the some of the sets to provide clusters, wherein the clustering is based, at least in part, on the centroids.); and
c. removing members of a cluster that has less members than another cluster ([0036] Step 144 may include removing members of a cluster that has less members than another cluster.);
defining untagged images that are associated with a member of any remaining cluster as reference images or as reference image candidates ([0037] After completing the repetitions of steps 141-144—jumping to step 145 of defining untagged images that are associated with a member of the remaining cluster as reference images or as reference image candidates.).
Regarding claims 2 and 11, Tabak discloses wherein the end condition is fulfilled when a number of remaining members is below a predefined member number threshold ([0038] The end condition may be fulfilled when a number of remaining members is below a predefined member number threshold.).
Regarding claims 3 and 12, Tabak discloses wherein the end condition is fulfilled when differences between remaining members are below a difference predefined threshold ([0039] The end condition may be fulfilled when differences between remaining members are below a difference predefined threshold.).
Regarding claims 4 and 13, Tabak discloses wherein the end condition is fulfilled when a variance of the remaining members is below a variance predefined threshold ([0040] The end condition may fulfilled when a variance of the remaining members is below a variance predefined threshold.).
Regarding claims 5 and 14, Tabak discloses wherein the selecting comprises selecting a first centroid in a random manner and selecting a second centroid based on a distance to the first centroid ([0034] Step 142 may include selecting some of the sets as centroids. Step 142 may include selecting a first centroid in a random manner and selecting a second centroid based on a distance to the first centroid.).
Regarding claims 6 and 15, Tabak discloses wherein the determining of the item features is executed by a non-item specific neural network, the non-item specific neural network is pre-trained to perform feature extraction of objects, at least some of the objects differ from the item ([0041] Step 140 may be executed by a non-item specific neural network, the non-item specific neural network is pre-trained to perform feature extraction of objects, at least some of the objects differ from the item.).
Regarding claims 7 and 16, Tabak discloses finding reference images out of the reference image candidates ([0043] Method 100 may also include step 150 of finding reference images out of the reference image candidates.).
Regarding claims 8 and 17, Tabak discloses wherein the determining of the item features is executed by a non-item specific neural network, the non-item specific neural network is pre-trained to perform feature extraction of objects, at least some of the objects differ from the item ([0041] Step 140 may be executed by a non-item specific neural network, the non-item specific neural network is pre-trained to perform feature extraction of objects, at least some of the objects differ from the item.).
Regarding claims 9 and 18, Tabak discloses re-training a non-item specific neural network with the reference images ([0047] Step 140 may include re-training a non-item specific neural network with the reference image candidates.).
The examiner also notes that claims 1-18 of the instant application and claims 1-18 of the reference application are the exact same. Therefore, claims 1-18 are rejected under 35 U.S.C. 102 (a)(2) as being clearly anticipated by Tabak.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AHMED A NASHER whose telephone number is (571)272-1885. The examiner can normally be reached Mon - Fri 0800 - 1700.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew Moyer can be reached at (571) 272-9523. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AHMED A NASHER/Examiner, Art Unit 2675
/ANDREW M MOYER/Supervisory Patent Examiner, Art Unit 2675