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 . This Office Action is responsive to the communications filed on 3 May 2024. Claims 1-9, 11, 13-21 and 23 are pending.
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 1-9, 11, 13-21 and 23 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Independent claim 1 recites “identifying the one or more objects in the normalized image” and “determining at least one contextual attribute for the identified one or more objects based on the normalized image”.
The limitations of “identifying the one or more objects in the normalized image” and “determining at least one contextual attribute for the identified one or more objects based on the normalized image”, as drafted, are processes that, under its broadest reasonable interpretation, cover performance of the limitations in the mind. That is, nothing in the claim element precludes the step from practically being performed in the mind. For example, “identifying” and “determining” in the context of this claim encompass the user looking at an image; mentally identifying objects in the image; and determining contextual attributes about the object. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim recites additional elements – capturing an image comprising one or more objects using one or more cameras; normalizing the captured image into a standard format; … accessing, based on the determined at least one contextual attribute for the identified one or more objects, one or more user control applications for one or more network-connected objects, wherein the one or more network-connected objects are determined from among the identified one or more objects. The wireless transmit/receive unit (WTRU) is implied at a high-level of generality (i.e., as a generic computer system performing generic computer functions) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
Independent claim 1 does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using a wireless transmit/receive unit (WTRU) to perform the additional steps amount to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Therefore, independent claim 1 is not patent eligible.
Claim 13 is an apparatus claim and its limitation is included in claim 1. The only difference is that claim 13 requires a processor, a transmitter, a receiver and memory, configured to implement the method. Therefore, claim 13 is rejected for the same reasons as claim 1.
Dependent claims 2-9, 11, 14-21 and 23 do not include elements that amount to significantly more than the abstract idea and are also rejected under the same rational.
Claim Rejections - 35 USC § 103
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.
Claims 1,4-8,11,13,16-20 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Fukuchi et al. (Hereinafter, Fukuchi, US 2011/0170742 A1) in view of Ni (US 2020/0326837 A1).
Per claim 1, Fukuchi discloses a method (paragraph[0002],”The present invention relates to an image processing device, an object selection method and a program.”; paragraph [0008], “ In light of the foregoing, it is desirable to provide novel and improved image processing device, object selection method and program capable of distinguishing between a plurality of electronic devices and easily selecting one as a target of remote control. “), implemented in a wireless transmit/receive unit (WTRU) (e.g., image processing device 100 as shown in Fig. 1; paragraph [0056], “FIG. 1 is a schematic diagram for illustrating an overview of an image processing device according to an embodiment of the present invention. FIG. 1 illustrates an environment 1 where a user having an image processing device 100 according to an embodiment of the present invention is present.”), the method comprising:
capturing an image comprising one or more objects using one or more cameras(e.g., image processing device 100 as shown in Fig.1; paragraph [0058], “ …The image processing device 100 images the environment 1 by using an imaging device and thereby obtains a series of input images …. “; step S212 as shown in Fig. 9; paragraph [0104] , “FIG. 9 is a flowchart illustrating an example of flow of the object recognition process by the image recognizing unit 114. Referring to FIG. 9, the image recognizing unit 114 first obtains the input image from the imaging unit 102 (step S212) ….” );
normalizing the captured image into a standard format(e.g., step S214 as shown in Fig. 9;paragraph [0104]; paragraphs [0106-0107]; paragraph [0097-0102]; paragraphs [0066-0068]; Examiner’s Note: Fukuchi discloses generating an environment map (i.e., a standard format) including feature data (feature data FD1 as shown in Fig. 8) for a objects captured in an image..);
identifying the one or more objects in the normalized image (e.g., step S216 as shown in Fig. 9; paragraph [0105]; paragraph [0129]; Examiner’s Note: Fig. 13 illustrates identifying the one or more objects 10a-10d in the normalized image Im11.);
determining at least one contextual attribute for the identified one or more objects based on the normalized image(paragraph [0011], “The environment map storage unit may further store imaging position data indicating a position of the imaging device determined based on the input image and the feature data, and a position of each candidate object in the output image is calculated based on the environment map and the imaging position data stored in the environment map storage unit.”); but does not expressly disclose:
accessing, based on the determined at least one contextual attribute for the identified one or more objects, one or more user control applications for one or more network-connected objects, wherein the one or more network-connected objects are determined from among the identified one or more objects.
Ni discloses accessing, based on the determined at least one contextual attribute for the identified one or more objects(paragraph [0009], “In some implementations, contextual data, along with image processing techniques discussed herein, can be used in determining a controllable device that the user is intending to control via their touch screen display simultaneous to the user directing their camera at the controllable device…”; paragraph [0010]; paragraph [0018] ), one or more user control applications for one or more network-connected objects (Abstract; paragraphs [0040-0041] ), wherein the one or more network-connected objects are determined from among the identified one or more objects (paragraph [0004]; paragraph [0007], “In some implementations, a selectable element can be presented at the touch screen display for controlling the controllable device. The selectable element can be generated based on one or more adjustable settings that have been identified as corresponding to the controllable device ... “; paragraph [0010]; paragraph [0037], “ … In some implementations, an adjustable setting for each of the first controllable device 106 and the television 108 can be identified, and the computing device 110 can be configured to allow the user 112 to modify the adjustable setting of the television 108 and the first controllable device 106 from the same interface … “).
It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to use the image data processing of Ni in the image processing device of Fukuchi for controlling many disparate connected devices, each having a respective particular application for control of the respective connected device as suggested by Ni (See paragraph [0001]).
Per claim 4, Fukuchi and Ni disclose the method according to claim 1, wherein the at least one determined contextual attribute is any one of compass orientation of the identified one or more objects(Ni, paragraph [0009]), visual characteristics of a wall or a floor(Fukuchi, paragraph [0114]; paragraph [0128]), proximity of the identified one or more objects to other objects(Fukuchi, paragraph [0102]), and internet addresses and signal strengths of access points(Ni, paragraphs [0009-0010]; paragraph [0046]).
It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to use the image data processing of Ni in the image processing device of Fukuchi for controlling many disparate connected devices, each having a respective particular application for control of the respective connected device as suggested by Ni (See paragraph [0001]).
Per claim 5, Fukuchi and Ni disclose the method according to claim 1, further comprising comparing the identified one or more objects to a library of object images and contextual attributes (Fukuchi, e.g., step 306 as shown in Fig. 11; environment map storage 120 as shown in Fig. 2 ; paragraph [0009]; paragraph [0111]; paragraph [0120], “FIG. 11 is an illustrative diagram illustrating an example of a flow of a device recognition process by the device recognizing unit 140. Referring to FIG. 11, the device recognizing unit 140 first obtains an input image from the imaging unit 102 (step S302). Next, the device recognizing unit 140 matches each object image included in the object identification data against the input image to thereby recognize an operable object present in the input image (step S304)… “; Examiner’s Note: Fukuchi compares the feature or an object at a location with a environment map. ).
Per claim 6, Fukuchi and Ni disclose the method of claim 5, further comprising: categorizing the identified one or more objects, based on the comparison, as one of at least one network-connected object of the one or more network-connected objects associated with a user control application of the one or more user control applications and at least one network-connected object of the one or more network-connected objects not associated with a user control application of the one or more user control applications (Fukuchi, step S308 as shown in Fig. 11; paragraph [0120], “… On the other hand, when an operable object is recognized in the input image, the device recognizing unit 140 calculates a three-dimensional position of each of the recognized operable object and registers the newly recognized operable object in the environment map based on the three-dimensional position (step S308). “; Ni, paragraph [0046]).
Per claim 7, Fukuchi and Ni disclose the method of claim 6, wherein on condition that the categorized identified one or more objects is at least one network-connected object associated with the user control application, further comprising:
identifying the categorized identified one or more objects on a screen of a display as associated with the user control application (Fukuchi, e.g., objects 10a, 10b, 10c and 10d as shown in Fig. 13; paragraph [0129]); and
enabling touch activation on the screen for the user control application of the categorized identified one or more objects(Fukuchi, paragraph [0136] ).
Per claim 8, Fukuchi and Ni disclose the method of claim 6, wherein on condition that the categorized identified one or more objects is at least one network-connected object not associated with the user control application, further comprising:
identifying the categorized identified one or more objects on a screen of a display as not associated with the user control application (Fukuchi, e.g., 10c and 10d as shown in Fig. 16 are presented as operable; paragraph [0132]; Examiner’s Note: objects 10c and 10d are identified as being able to be operated but are not associated with a control application so they can be control.); and
enabling touch activation on the screen of an unregistered user control application for controlling the categorized identified one or more objects (Fukuchi, paragraph [0136]).
Per claim 11, Fukuchi and Ni disclose the method of claim 1, further comprising displaying on a user interface the accessed one or more user control applications (Ni, e.g., first selectable element 210 as shown in Fig. 2; paragraph [0041] ).
It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to use the image data processing of Ni in the image processing device of Fukuchi for controlling many disparate connected devices, each having a respective particular application for control of the respective connected device as suggested by Ni (See paragraph [0001]).
Per claim 13, Fukuchi discloses a wireless transmit/receive unit (WTRU) comprising a processor (e.g., central processing unit (CPU) 902 as shown in Fig. 19; paragraph [0139]), a transmitter(e.g., transmitting device 930 as shown in Fig. 19; paragraph [0139]), a receiver (e.g., input device 920 as shown in Fig. 19; paragraph [0139]) and memory (e.g., read only memory (ROM) 904 as shown in Fig. 19; paragraph [0139]), configured to:
capture an image comprising one or more objects using one or more cameras; normalize the captured image into a standard format(e.g., image processing device 100 as shown in Fig.1; paragraph [0058], “ …The image processing device 100 images the environment 1 by using an imaging device and thereby obtains a series of input images …. “; step S212 as shown in Fig. 9; paragraph [0104] , “FIG. 9 is a flowchart illustrating an example of flow of the object recognition process by the image recognizing unit 114. Referring to FIG. 9, the image recognizing unit 114 first obtains the input image from the imaging unit 102 (step S212) ….” );
identify the one or more objects in the normalized image; determine at least one contextual attribute for the identified one or more objects based on the normalized image(e.g., step S214 as shown in Fig. 9; paragraph [0104]; paragraphs [0106-0107]; paragraph [0097-0102]; paragraphs [0066-0068]; Examiner’s Note: Fukuchi discloses generating an environment map (i.e., a standard format) including feature data (feature data FD1 as shown in Fig. 8) for a objects captured in an image..); but does not expressly disclose:
access, based on the determined at least one contextual attribute for the identified one or more objects, one or more user control applications for one or more network-connected objects, wherein the one or more network-connected objects are determined from among the identified one or more objects.
Ni discloses accessing, based on the determined at least one contextual attribute for the identified one or more objects(paragraph [0009], “In some implementations, contextual data, along with image processing techniques discussed herein, can be used in determining a controllable device that the user is intending to control via their touch screen display simultaneous to the user directing their camera at the controllable device…”; paragraph [0010]; paragraph [0018] ), one or more user control applications for one or more network-connected objects (Abstract; paragraphs [0040-0041] ), wherein the one or more network-connected objects are determined from among the identified one or more objects (paragraph [0004]; paragraph [0007], “In some implementations, a selectable element can be presented at the touch screen display for controlling the controllable device. The selectable element can be generated based on one or more adjustable settings that have been identified as corresponding to the controllable device ... “; paragraph [0010]; paragraph [0037], “ … In some implementations, an adjustable setting for each of the first controllable device 106 and the television 108 can be identified, and the computing device 110 can be configured to allow the user 112 to modify the adjustable setting of the television 108 and the first controllable device 106 from the same interface … “).
It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to use the image data processing of Ni in the image processing device of Fukuchi for controlling many disparate connected devices, each having a respective particular application for control of the respective connected device as suggested by Ni (See paragraph [0001]).
Per claim 16, Fukuchi and Ni disclose the WTRU according to claim 13, wherein the at least one determined contextual attribute is any one of compass orientation of the identified one or more objects(Ni, paragraph [0009]), visual characteristics of a wall or a floor(Fukuchi, paragraph [0114]; paragraph [0128]), proximity of the identified one or more objects to other objects(Fukuchi, paragraph [0102]), and internet addresses and signal strengths of access points(Ni, paragraphs [0009-0010]; paragraph [0046]).
It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to use the image data processing of Ni in the image processing device of Fukuchi for controlling many disparate connected devices, each having a respective particular application for control of the respective connected device as suggested by Ni (See paragraph [0001]).
Per claim 17, Fukuchi and Ni disclose the WTRU according to claim 13, further comprising comparing the identified one or more objects to a library of object images and contextual attributes (Fukuchi, e.g., step 306 as shown in Fig. 11; environment map storage 120 as shown in Fig. 2 ; paragraph [0009]; paragraph [0111]; paragraph [0120], “FIG. 11 is an illustrative diagram illustrating an example of a flow of a device recognition process by the device recognizing unit 140. Referring to FIG. 11, the device recognizing unit 140 first obtains an input image from the imaging unit 102 (step S302). Next, the device recognizing unit 140 matches each object image included in the object identification data against the input image to thereby recognize an operable object present in the input image (step S304)… “; Examiner’s Note: Fukuchi compares the feature or an object at a location with a environment map. ).
Per claim 18, Fukuchi and Ni disclose the WTRU of claim 17, further configured to categorize the identified one or more objects, based on the comparison, as one of at least one network-connected object of the one or more network-connected objects associated with a user control application of the one or more user control applications and at least one network-connected object not associated with a user control application of the one or more user control applications(Fukuchi, step S308 as shown in Fig. 11; paragraph [0120], “… On the other hand, when an operable object is recognized in the input image, the device recognizing unit 140 calculates a three-dimensional position of each of the recognized operable object and registers the newly recognized operable object in the environment map based on the three-dimensional position (step S308). “; Ni, paragraph [0046]).
Per claim 19, Fukuchi and Ni disclose the WTRU of claim 18, wherein on condition that the categorized identified one or more objects is at least one network-connected object associated with the user control application, the WTRU is further configured to:
identify the categorized identified one or more objects on a screen of a display as associated with the user control application (Fukuchi, e.g., objects 10a, 10b, 10c and 10d as shown in Fig. 13; paragraph [0129]); and
enable touch activation on the screen for the user control application of the categorized identified one or more objects(Fukuchi, paragraph [0136] ).
Per claim 20, Fukuchi and Ni disclose the WTRU of claim 18, wherein on condition that the categorized identified one or more objects is at least one network-connected object not associated with the user control application, further comprising:
identify the categorized identified one or more objects on a screen of a display as not associated with the user control application (Fukuchi, e.g., 10c and 10d as shown in Fig. 16 are presented as operable; paragraph [0132]; Examiner’s Note: objects 10c and 10d are identified as being able to be operated but are not associated with a control application so they can be control.); and
enable touch activation on the screen of an unregistered user control application for controlling the categorized identified one or more objects (Fukuchi, paragraph [0136]).
Per claim 23, The WTRU according to claim 13, wherein the WTRU is further configured to display on a user interface the accessed one or more user control applications (Ni, e.g., first selectable element 210 as shown in Fig. 2; paragraph [0041]).
It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to use the image data processing of Ni in the image processing device of Fukuchi for controlling many disparate connected devices, each having a respective particular application for control of the respective connected device as suggested by Ni (See paragraph [0001]).
Claims 2-3 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Fukuchi et al. (Hereinafter, Fukuchi, US 2011/0170742 A1) in view of Ni (US 2020/0326837 A1), and further in view of Kurz et al. (Hereinafter, Kurz, US 2012/0219188 A1).
Per claim 2, Fukuchi and Ni disclose the method of claim 1, but do not expressly disclose wherein normalizing the captured image into a standard format comprises normalizing the captured image for up/down orientation of the one or more cameras.
Kurz discloses wherein normalizing the captured image into a standard format comprises normalizing the captured image for up/down orientation of the one or more cameras (paragraphs [0039-0040]; Examiner’s Note: Kurz disclose aligning the features of a captured image to a normalized coordinated system as shown in Fig. 1.).
It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to use the method of Kurz in the image processing device of Fukuchi and Ni for reducing the probability of feature mismatching without constraining the orientation or movement of the capturing device or without needing prior knowledge on the orientation or movement of the capturing device as suggested by Kurz (See paragraph [0020]).
Per claim 3, Fukuchi, Ni, and Kurz disclose the method of claim 2, wherein normalizing the captured image for up/down orientation comprises performing up/down off-axis normalization of the captured image (Kurz, paragraphs [0039-0040]; Examiner’s Note: As illustrated in Fig. 1, the capture image is maintained upright regardless or the devices orientation).
It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to use the method of Kurz in the image processing device of Fukuchi and Ni for reducing the probability of feature mismatching without constraining the orientation or movement of the capturing device or without needing prior knowledge on the orientation or movement of the capturing device as suggested by Kurz (See paragraph [0020]).
Per claim 14, Fukuchi and Ni disclose the WTRU of claim 13, but do not expressly disclose wherein the WTRU is configured to normalize the captured image for up/down orientation of the one or more cameras.
Kurz discloses wherein the WTRU is configured to normalize the captured image for up/down orientation of the one or more cameras (paragraphs [0039-0040]; Examiner’s Note: Kurz disclose aligning the features of a captured image to a normalized coordinated system as shown in Fig. 1.).
It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to use the method of Kurz in the image processing device of Fukuchi and Ni for reducing the probability of feature mismatching without constraining the orientation or movement of the capturing device or without needing prior knowledge on the orientation or movement of the capturing device as suggested by Kurz (See paragraph [0020]).
Per claim 15, Fukuchi, Ni, and Kurz disclose the WTRU of claim 14, wherein the WTRU is configured to perform up/down off-axis normalization of the captured image (Kurz, paragraphs [0039-0040]; Examiner’s Note: As illustrated in Fig. 1, the capture image is maintained upright regardless or the devices orientation).
It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to use the method of Kurz in the image processing device of Fukuchi and Ni for reducing the probability of feature mismatching without constraining the orientation or movement of the capturing device or without needing prior knowledge on the orientation or movement of the capturing device as suggested by Kurz (See paragraph [0020]).
Claims 9 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Fukuchi et al. (Hereinafter, Fukuchi, US 2011/0170742 A1) in view of Ni (US 2020/0326837 A1), and further in view of He et al. (Hereinafter, He, US 7,613,720 B2).
Per claim 9, Fukuchi and Ni disclose the method of claim 5, but do disclose the method as further comprising categorizing the identified one or more objects based on the comparison as at least one network-connected object associated with a do not display directive.
He discloses categorizing the identified one or more objects based on the comparison as at least one network-connected object associated with a do not display directive (Abstract; column 1, lines 28-41; column 3, lines 37-52).
It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to use the method, system, and program of He in the image processing device of Fukuchi and Ni for selectively removing entities from a user interface displaying network entities as suggested by He (See Abstract).
Per claim 21, Fukuchi and Ni disclose the WTRU of claim 17, but do disclose the WTRU as further being configured to categorize the identified one or more objects based on the comparison as at least one network-connected object associated with a do not display directive.
He discloses categorizing the identified one or more objects based on the comparison as at least one network-connected object associated with a do not display directive (Abstract; column 1, lines 28-41; column 3, lines 37-52).
It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to use the method, system, and program of He in the image processing device of Fukuchi and Ni for selectively removing entities from a user interface displaying network entities as suggested by He (See Abstract).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARRIN HOPE whose telephone number is (571)270-5079. The examiner can normally be reached Mon-Thr - 6:45-4:15, Fri - 6:45-3:15, Alt. Fri Off.
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DARRIN HOPE
Examiner
Art Unit 2178
/STEPHEN S HONG/Supervisory Patent Examiner, Art Unit 2178
Prosecution Insights