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 .
Response to Arguments
Applicant's arguments and amendments received November 27, 2025 have been fully considered. with regard to 35 U.S.C. § 102, Applicant argues that the cited prior art does not disclose “see applicant argument pages 8-11”. This language corresponds to claims 1-4, 6-12, 14-18, 20-22 and 23.
As such, these have been considered but they are not persuasive as addressed below. See the rejection how the art on record reads on the claimed invention as well as the examiner's interpretation of the cited art in view of the presented claim set as outlined below. Furthermore, in response to applicant argument in regarding the claimed invention “appearance extent information indicating an extent to which the target person appears in the moving image”, in response, Takayanagi teaches the image processing unit 131 obtains image information of a captured image of the predetermined space from the image storage unit 121. The image processing unit 131 performs image processing on the obtained image information to extract a person's features [0051]. The camera 11 stores a moving image in the image storage unit 121 [Fig. 1 and 0083]. Machine learning clustering the image in order to extract a person's features [0052].
As outlined above, the system or camera of Takayanagi capturing moving image and the process of detecting person’s feature is based on moving image.
Applicant argument in regarding “appearance extent information”, at least Takavanagi teaches a neural network enables accurate extraction of a person's features and Fig. 7 conversation time measurement unit 136A, conversation time determination unit 137, interruption time measurement unit 138, interruption time determination unit 139. The claim interpretation for the claimed invention “appearance extent information indicating an extent to which the target person appears in the moving image” is one or more images. Therefore, the examiner stands with the rejection since art of Takavanagi teaches all the claimed invention as outlined below.
Claim Rejections - 35 USC § 102
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.
Claims 1-5, 7-13 and 15-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takayanagi US 2020/0394419.
In regarding to claim 1: Takayanagi teaches:
1. An image processing apparatus comprising: at least one memory configured to store one or more instructions;
[0046] The infection risk notification apparatus 1 includes a camera 11, a memory 12, a processor 13, and a communication unit 14.
Takayanagi, 0046 and Fig. 1, emphasis added.
and at least one processor configured to execute the one or more instructions to: acquire a moving image capturing a target area;
[0051] The image processing unit 131 obtains image information of a captured image of the predetermined space from the image storage unit 121. The image processing unit 131 performs image processing on the obtained image information to extract a person's features, such as the face, eyes, nose, and mouth of a person in a room, the shape of the face, the sizes of the face, eyes, nose, and mouth, the height of the person, the clothes of the person, the orientation of the face, and the position of the person in the room.
Takayanagi, 0046 and Fig. 1, emphasis added.
generate, based on the moving image, external appearance information indicating at least one of a type of clothing, a type of a personal item, a pose, and a movement of a target person being included in the moving image,
[0051] The image processing unit 131 obtains image information of a captured image of the predetermined space from the image storage unit 121. The image processing unit 131 performs image processing on the obtained image information to extract a person's features, such as the face, eyes, nose, and mouth of a person in a room, the shape of the face, the sizes of the face, eyes, nose, and mouth, the height of the person, the clothes of the person, the orientation of the face, and the position of the person in the room.
Takayanagi, 0051-0055, emphasis added.
and appearance extent information indicating an extent to which the target person appears in the moving image;
[0051] The image processing unit 131 obtains image information of a captured image of the predetermined space from the image storage unit 121. The image processing unit 131 performs image processing on the obtained image information to extract a person's features, such as the face, eyes, nose, and mouth of a person in a room, the shape of the face, the sizes of the face, eyes, nose, and mouth, the height of the person, the clothes of the person, the orientation of the face, and the position of the person in the room.
Takayanagi, 0051-0055, emphasis added.
and infer a purpose for which the target person is present in the target area, based on the external appearance information and the appearance extent information.
[0055] The person classification unit 132 classifies each of persons contained in the image information as a resident of the facility or a visitor to the facility from the person's features extracted by the image processing unit 131. The person classification unit 132 refers to the person information stored in the person information storage unit 122 and determines whether the person information contains a resident having features that match the person's features extracted by the image processing unit 131. If the person information contains a resident having features that match the person's features extracted by the image processing unit 131, the person classification unit 132 classifies the person contained in the image information as a resident. If the person information does not contain a resident having features that match the person's features extracted by the image processing unit 131, the person classification unit 132 classifies the person contained in the image information as a visitor. That is, a person registered in the person information in advance is classified as a resident, whereas a person not registered in the person information is classified as a visitor.
Takayanagi, 0051-0055, 0072, emphasis added.
In regarding to claim 2: Takayanagi teaches:
2. The image processing apparatus according to claim 1, wherein the at least one processor is further configured to execute the one or more instructions to, in a case where the external appearance information satisfies a first condition relating to a worker, and a time length in which the target person continuously appears in the moving image is equal to or greater than a first reference value and is less than a second reference value in the appearance extent information, infer that the purpose is a work operation.
[0072] The history information storage unit 123 stores history information in which identification information identifying each resident, the place in which the resident is located, a conversation start time indicating the time when the conversation with a visitor is started, a conversation end time indicating the time when the conversation with the visitor is terminated, visitor information indicating the features of the visitor with whom the resident has had a conversation, infection information indicating whether the visitor is infected, a conversation start flag indicating that a conversation with a visitor has started, and an infection risk flag indicating that the risk of contracting infectious disease is increased due to the conversation time exceeding the predetermined time are associated with one another. The visitor information indicates, for example, the gender, height, and age of the corresponding visitor and is obtained from the person's features extracted by the image processing unit 131.
Takayanagi, 0051-0055, 0072 emphasis added.
In regarding to claim 3: Takayanagi teaches:
3. The image processing apparatus according to claim 2, wherein the at least one processor is further configured to execute the one or more instructions to, in a case where the external appearance information satisfies the first condition, and a time length in which the target person continuously appears in the moving image is less than the first reference value in the appearance extent information, infer that the purpose is passage.
[0072] The history information storage unit 123 stores history information in which identification information identifying each resident, the place in which the resident is located, a conversation start time indicating the time when the conversation with a visitor is started, a conversation end time indicating the time when the conversation with the visitor is terminated, visitor information indicating the features of the visitor with whom the resident has had a conversation, infection information indicating whether the visitor is infected, a conversation start flag indicating that a conversation with a visitor has started, and an infection risk flag indicating that the risk of contracting infectious disease is increased due to the conversation time exceeding the predetermined time are associated with one another. The visitor information indicates, for example, the gender, height, and age of the corresponding visitor and is obtained from the person's features extracted by the image processing unit 131.
Takayanagi, 0072-0075, emphasis added.
In regarding to claim 4: Takayanagi teaches:
4. The image processing apparatus according to claim 2, wherein the at least one processor is further configured to execute the one or more instructions to, in a case where the external appearance information satisfies the first condition, and a time length in which the target person continuously appears in the moving image is equal to or greater than the second reference value in the appearance extent information, infer that the purpose is a suspicious action.
[0072] The history information storage unit 123 stores history information in which identification information identifying each resident, the place in which the resident is located, a conversation start time indicating the time when the conversation with a visitor is started, a conversation end time indicating the time when the conversation with the visitor is terminated, visitor information indicating the features of the visitor with whom the resident has had a conversation, infection information indicating whether the visitor is infected, a conversation start flag indicating that a conversation with a visitor has started, and an infection risk flag indicating that the risk of contracting infectious disease is increased due to the conversation time exceeding the predetermined time are associated with one another. The visitor information indicates, for example, the gender, height, and age of the corresponding visitor and is obtained from the person's features extracted by the image processing unit 131.
Takayanagi, 0072-0075, emphasis added.
In regarding to claim 5: Takayanagi teaches:
5. The image processing apparatus according to claim 2, wherein the worker includes at least one of a delivery worker who performs delivery as the work operation, a flier distributer who posts a flier as the work operation, a gas inspector who checks a gas meter as the work operation, a water utility worker who checks a tap water meter as the work operation, and a garbage collecting worker who collects garbage as the work operation.
[0072] The history information storage unit 123 stores history information in which identification information identifying each resident, the place in which the resident is located, a conversation start time indicating the time when the conversation with a visitor is started, a conversation end time indicating the time when the conversation with the visitor is terminated, visitor information indicating the features of the visitor with whom the resident has had a conversation, infection information indicating whether the visitor is infected, a conversation start flag indicating that a conversation with a visitor has started, and an infection risk flag indicating that the risk of contracting infectious disease is increased due to the conversation time exceeding the predetermined time are associated with one another. The visitor information indicates, for example, the gender, height, and age of the corresponding visitor and is obtained from the person's features extracted by the image processing unit 131.
Takayanagi, 0072-0075, emphasis added.
In regarding to claim 7: Takayanagi teaches:
7. The image processing apparatus according to claim 1, wherein the at least one processor is further configured to execute the one or more instructions to execute statistic processing by time period for an inference result of a purpose for which the target person is present in the target area.
[0072] The history information storage unit 123 stores history information in which identification information identifying each resident, the place in which the resident is located, a conversation start time indicating the time when the conversation with a visitor is started, a conversation end time indicating the time when the conversation with the visitor is terminated, visitor information indicating the features of the visitor with whom the resident has had a conversation, infection information indicating whether the visitor is infected, a conversation start flag indicating that a conversation with a visitor has started, and an infection risk flag indicating that the risk of contracting infectious disease is increased due to the conversation time exceeding the predetermined time are associated with one another. The visitor information indicates, for example, the gender, height, and age of the corresponding visitor and is obtained from the person's features extracted by the image processing unit 131.
Takayanagi, 0072-0075, emphasis added.
Claims 8, 10-13 and 15 list all similar elements of claims 1-5 and 7, but in method form rather than apparatus form. Therefore, the supporting rationale of the rejection to claims 1-5 and 7 applies equally as well to claims 8, 10-13 and 15.
Claims 9, 16-18 and 19 list all similar elements of claims 1-5, but in non-transitory storage medium form rather than apparatus form. Therefore, the supporting rationale of the rejection to claims 1-5 applies equally as well to claims 9, 16-18 and 19.
In regarding to claim 21: Takayanagi teaches:
[Claim 21] (New) The image processing apparatus according to claim 1, wherein in a case where it is specified, based on the external appearance information, that the target person has an appearance of a first type of worker:
Takayanagi, 0065-0070
compare a reference for an appearance extent to which the first type of worker appears in the moving image with the appearance extent to which the target person appears in the moving image indicated by the appearance extent information, and infer, based on a comparison result, whether the target person is a suspicious person disguised as the first type of worker.
Takayanagi, 0065-0070
Claims 22-23 list all similar elements of claim 21, but in a method and non-transitory storage medium form rather than apparatus form. Therefore, the supporting rationale of the rejection to claim 21 applies equally as well to claims 22-23.
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 6, 14 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Takayanagi US 2020/0394419 as applied to claims 1-5 above, and further in view of Bernal et al. US 2014/0063263.
In regarding to claim 6 Takayanagi teaches:
6. The image processing apparatus according to claim 1, however, Takayanagi fails to explicitly teach but Bernal teaches: wherein the external appearance information further indicates a feature of an external appearance of a vehicle being used by the target person.
[0006] Within the context of video-based object tracking, object re-identification deals with the tracking of an object across fields of view of multiple cameras in camera networks, or across multiple fields of view of a single camera, such as those of a Pan-Tilt-Zoom (PTZ) camera. While significant work exists on object, vehicle and person re-identification, there is a need for improvements on the estimation of the timing of objects as they traverse the multiple fields of view of a set of cameras in a camera network. Individual timing information of an object is of interest in a wide variety of applications beyond retail applications, including surveillance (where alerts can be triggered if a specific person loiters in a specific area beyond a previously specified time length), fleet vehicle monitoring (e.g. monitoring and timing of delivery trucks, and public transportation vehicles such as taxis, buses and subways) and automated race-related statistic estimation (e.g. to automatically estimate lap times of vehicles, bicyclists, runners, etc.). A related technology to note is "point-to-point" speed measurement on a highway. Indeed, in that application times are determined that are associated with multiple camera views, but the technical problem and solution differs significantly from the present. In the highway scenario, the vehicles are moving at near constant speed at the time of a view and only one time per view needs to be captured to accurately determine speed between views that are possibly miles apart. In the drive-thru setting, specific times that occur within a given camera's view time are important. Further, the vehicles will stop, start, and change speed during a viewing time. One simple time recording per view as performed on highways will not represent timings relevant to drive-thru events.
Bernal, 0006, emphasis added.
Accordingly, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Bernal with the system of Takayanagi in order wherein the external appearance information further indicates a feature of an external appearance of a vehicle being used by the target person, as such, determining or identifying using object tracking and timing across multiple camera views includes local and global tracking modules for tracking the location of objects as they traverse particular regions of interest within an area of interest..—Abstract.
Note: The motivation that was applied to claim 6 above, applies equally as well to claims 14 and 20 as presented blow.
Claims 14 and 20 list all similar elements of claim 6, but in method and non-transitory storage medium form rather than apparatus form. Therefore, the supporting rationale of the rejection to claim 6 applies equally as well to claims 14 and 20.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL T TEKLE whose telephone number is (571)270-1117. The examiner can normally be reached Monday-Friday 8:00-4:30 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William Vaughn can be reached at 571-272-3922. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL T TEKLE/Primary Examiner, Art Unit 2481
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