DETAILED ACTION
This action is responsive to communications filed on December 10, 2024. This action is made Non-Final.
Claims 1 and 19-32 are pending in the case.
Claims 1, 19, and 20 are independent claims.
Claims 1 and 19-32 are rejected.
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 .
Information Disclosure Statement
The information disclosure statement (IDS(s)) submitted on 07/08/2024, 07/29/2024, and 02/05/2025 is/are in compliance with the provisions of 37 C.F.R. 1.97. Accordingly, the IDS(s) is/are being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1 and 19-32 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 12,080,057, in view of Gao et al., US Publication 2013/0147961 (“Gao”). Although the claims at issue are not identical, they are not patentably distinct from each other based on the following:
18/765,385 claims 12,080,057 claims
1. An information processing system image analysis apparatus comprising:at least one memory storing instructions; andat least one processor configured to execute the instructions to:control a displayed screen to display place a plurality of icons on a displayed screen in accordance with an instruction input by an user,
the plurality of icons including at least one input source icon, at least one image information processing icon, and at least one output destination icon, the at least one input source icon regarding an input of aindicating an image data that is a target of analysis,
the at least one image information processing icon indicating regardingan information image processing engine for the image data to generate a processing result, and the at least one output destination icon indicating regardingan output destination of the processing result;
and set a flow of data between at least two of the plurality of icons that is a specified icons that have been placed on the displayed screen in accordance with a connectionthe instruction, the at least one information processing icon being placed between the at least one input source icon and the at least one output icon on the displayed screen in accordance with the instructions.
1. An image analysis apparatus comprising:at least one memory storing instructions; and at least one processor configured to execute the instructions to: accept an instruction for placing, on a screen, a plurality of icons, and place the plurality of icons on the screen in accordance with the instruction,
the plurality of icons including a plurality of input source icons, a plurality of imaging processing icons, and at least one output destination icon, each input source icon indicating an input source of image data that is a target of analysis,
each image processing icon indicating an image processing engine for the image data to generate a processing result, and each output destination icon indicating an output destination of the processing result;
accept a connection instruction for connecting specified icons that have been placed on the screen; and set a flow of data between the specified icons in accordance with the connection instruction and display the flow on the screen, wherein the connection instruction includes at least an instruction to connect at least one of the plurality of input source icons and the at least one output destination icon such that at least one of the plurality of image processing icons is included between the at least one of the plurality of input source icons and the at least one output destination icon
19. corresponds to claim 1 and is rejected under the same rationale.
20. corresponds to claim 1 and is rejected under the same rationale.
21. see below.
22. wherein the instructions are input by a user.
1. An image analysis apparatus comprising:at least one memory storing instructions; and at least one processor configured to execute the instructions to: accept an instruction for placing, on a screen, a plurality of icons, and place the plurality of icons on the screen in accordance with the instruction …
23. wherein the data is at least one image.
1. … the plurality of icons including a plurality of input source icons, a plurality of imaging processing icons, and at least one output destination icon, each input source icon indicating an input source of image data that is a target of analysis …
24. wherein the instruction indicates to connect at least one input source icon, the at least one information processing icon and the at least one output icon
1. … wherein the connection instruction includes at least an instruction to connect at least one of the plurality of input source icons and the at least one output destination icon such that at least one of the plurality of image processing icons is included between the at least one of the plurality of input source icons and the at least one output destination icon …
25. see below.
26. corresponds to claim 22 and is rejected under the same rationale.
27. corresponds to claim 23 and is rejected under the same rationale.
28. corresponds to claim 24 and is rejected under the same rationale.
29. see below.
30. corresponds to claim 22 and is rejected under the same rationale.
31. corresponds to claim 23 and is rejected under the same rationale.
32. corresponds to claim 24 and is rejected under the same rationale.
Claim 21:
Patent 12,080,057 does not include wherein the at least one processor configured to execute the instructions to accept the instruction for placing the plurality of icons. However, Gao teaches or suggests wherein the at least one processor configured to execute the instructions to accept the instruction for placing the plurality of icons (see para. 0029 - camera may be displayed adjacent to the map for clicking and dragging onto the map to add cameras; para. 0032 - adding a camera to the list results in an unattached camera icon 24 being placed on or adjacent to the map. The user may then place the camera icon 24 on the map; para. 0039 - graphic user interface is for initial configuring, such as by adding cameras to a template. Alternatively or additionally, the graphic user interface is for reconfiguring. The information for already performed configuration is loaded and presented. The user then alters the configuration, such as altering a configuration of a given camera, adding a camera and configuration to a configured system, and/or removing a camera and configuration; para. 0058 - new camera, the camera may be added by clicking a camera icon 24 adjacent the map, selecting a point on the map, selecting an "add camera" entry, selecting an undefined or unconfigured camera, or otherwise activating addition; para. 0068 - user defines the hotspot using the paint tool.).
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gao with the claims of Patent 12,080,057. One would have been motivated to do so for the purpose of efficiently enabling configuration of an analytics system and setting relationships between device representations for improved analytics, as taught by Gao (0022 and 0085-0089).
Claim(s) 25 and 29:
Claim(s) 25 and 29 correspond to Claim 21, and thus, Patent 12,080,057 and Gao teach or suggest the limitations of claim(s) 25 and 29 as well.
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.
Claim(s) 1, 19-23, 25-27, and 29-31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Buehler et al., US Publication 2010/0002082 (“Buehler”), and further in view of Gao et al., US Publication 2013/0147961 (“Gao”).
Claim 1:
Buehler teaches or suggests an information processing system comprising: at least one memory storing instructions; and at least one processor configured to execute instructions to:
control a displayed screen to display a plurality of icons in accordance with an instruction, the plurality of icons including at least one input source icon, at least one information processing icon, and at least one output icon, the at least one input source icon regarding an input of a data that is a target of analysis, the at least one information processing icon regarding an information processing engine for the data to generate processing results, and the at least one output icon regarding an output of the processing result (see Fig. 1-3 and 7; para. 0011 - input device may be used to select an object of interest within the video, such as a person, an item of inventory, or a physical location; para. 0028 - FIG. 1 and in accordance with one embodiment of the invention, an application screen 100 includes a listing 105 of camera locations, each element of the list 105 relating to a camera that generates an associated video data feed; para. 0028 – user can selectthe primary video data feed 115 from the list 105 by choosing a camera number, by noticing a person or event of interest and selecting it using a pointer or other such input apparatus, or by selecting a location (e.g., "Entrance") in the surveillance region. In some embodiments, the primary video data feed 115 is selected automatically based on data received; para. 0029 - also includes a set of layout icons 120 that allow the user to select a number of secondary data feeds to view; para. 0034 - selection and placement of the secondary video data feeds are predetermined (e.g., during system installation) according to automatic and/or manual initialization processes and do not change over time (unless a re-initialization process is performed); para. 0039 – defining sub-regions 140, 145 within a video data pane. In some embodiments, the subregions can be different sizes (e.g., small regions for distant areas, and large regions for closer areas); para. 0042 - sub-region can be associated with one or more secondary cameras (or sub regions within secondary cameras) whose video data feeds can be displayed in the proximate panes. activity is detected within the sub-region (e.g. , a person activating the light switch), the likelihood that the subject will transition to the camera in the connecting hallway increases, and as a result, the camera in the rarely-used hallway is selected as a secondary camera; Claim 4 - wherein the video data displayed in the primary camera pane is divided into two or more sub-regions; Claim 6 - facilitating selection of a sub-region of the video data displayed in the primary camera pane; Claim 7 - facilitating the selection of an object of interest within the video data shown in the primary camera pane; Claim 8 - based on the selected object of interest within the video data shown in the primary camera pane.),
of the plurality of icons that is placed on the displayed screen in accordance with the instruction, the at least one information processing icon being placed between the at least one input source icon and the at least one output icon on the displayed screen in accordance with the instructions (see Fig. 1-3 and 7; para. 0011 - input device may be used to select an object of interest within the video, such as a person, an item of inventory, or a physical location; para. 0028 - FIG. 1 and in accordance with one embodiment of the invention, an application screen 100 includes a listing 105 of camera locations, each element of the list 105 relating to a camera that generates an associated video data feed; para. 0028 – user can selectthe primary video data feed 115 from the list 105 by choosing a camera number, by noticing a person or event of interest and selecting it using a pointer or other such input apparatus, or by selecting a location (e.g., "Entrance") in the surveillance region. In some embodiments, the primary video data feed 115 is selected automatically based on data received; para. 0029 - also includes a set of layout icons 120 that allow the user to select a number of secondary data feeds to view; para. 0034 - selection and placement of the secondary video data feeds are predetermined (e.g., during system installation) according to automatic and/or manual initialization processes and do not change over time (unless a re-initialization process is performed); para. 0039 – defining sub-regions 140, 145 within a video data pane. In some embodiments, the subregions can be different sizes (e.g., small regions for distant areas, and large regions for closer areas); para. 0042 - sub-region can be associated with one or more secondary cameras (or sub regions within secondary cameras) whose video data feeds can be displayed in the proximate panes. activity is detected within the sub-region (e.g. , a person activating the light switch), the likelihood that the subject will transition to the camera in the connecting hallway increases, and as a result, the camera in the rarely-used hallway is selected as a secondary camera; Claim 4 - wherein the video data displayed in the primary camera pane is divided into two or more sub-regions; Claim 6 - facilitating selection of a sub-region of the video data displayed in the primary camera pane; Claim 7 - facilitating the selection of an object of interest within the video data shown in the primary camera pane; Claim 8 - based on the selected object of interest within the video data shown in the primary camera pane.).
Buehler does not explicitly disclose set a flow of data between at least two of the plurality of icons.
Gao teaches or suggests disclose set a flow of data between at least two of the plurality of icons (see Fig. 8; para. 0022 - configuration tool is provided for video analytics or surveillance systems. The number of mouse clicks needed for configuration of multiple cameras may be reduced while providing sufficient and accurate information about the camera. By providing an intuitive graphic user interface presentation, the video system may be more efficiently configured; para. 0046 - or event regions (e.g., entry and exit points), a scale setting, and inter camera connections or any relation ships with other cameras; para. 0085 - user indicates whether and/or how the cameras are related. The relationship may be for field of view overlap, for viewing a same location, or for being connected by traffic flow; para. 0087 - user positions an icon, point, line, or shape on the map 44. prompted to select two or more camera icons 24 or cameras in the list region 22 associated with the octagon 44, such as cameras with the same location in their field of view; para. 0088 – user selects a pair of cameras to be connected. The selection is made on the list or map. "link" button, menu selection, or other input is provided on the map or elsewhere in the display. By selecting or activating the link, the two or more currently selected cameras are linked. A visual indicator of linkage may be provided, such as a dashed line or other connector; para. 0089 - transition points between cameras are indicated with respect to both cameras. The transition points are locations where traffic from one camera's field of view is expected to immediately or eventually enter another camera's field of view inter-relationship configuration assigns the transition linkage. For example, the user positions a line or other marker in the image or selects a hotspot to indicate a transition point. A corresponding designation is made for another camera to link the cameras; para. 0091 - After cycling through the series of cameras and/or configuration tasks, configuration information for multiple cameras is generated. The information is stored.).
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gao with those of Beuhler. One would have been motivated to do so for the purpose of efficiently enabling configuration of an analytics system and setting relationships between device representations for improved analytics, as taught by Gao (0022 and 0085-0089).
Claim(s) 19 and 20:
Claim(s) 19 and 20 correspond to Claim 1, and thus, Beuhler and Gao teach or suggest the limitations of claim(s) 19 and 20 as well.
Claim 21:
Gao further teaches or suggests wherein the at least one processor configured to execute the instructions to accept the instruction for placing the plurality of icons (see para. 0029 - camera may be displayed adjacent to the map for clicking and dragging onto the map to add cameras; para. 0032 - adding a camera to the list results in an unattached camera icon 24 being placed on or adjacent to the map. The user may then place the camera icon 24 on the map; para. 0039 - graphic user interface is for initial configuring, such as by adding cameras to a template. Alternatively or additionally, the graphic user interface is for reconfiguring. The information for already performed configuration is loaded and presented. The user then alters the configuration, such as altering a configuration of a given camera, adding a camera and configuration to a configured system, and/or removing a camera and configuration; para. 0058 - new camera, the camera may be added by clicking a camera icon 24 adjacent the map, selecting a point on the map, selecting an "add camera" entry, selecting an undefined or unconfigured camera, or otherwise activating addition; para. 0068 - user defines the hotspot using the paint tool.).
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gao with those of Beuhler. One would have been motivated to do so for the purpose of efficiently enabling configuration of an analytics system and setting relationships between device representations for improved analytics, as taught by Gao (0022 and 0085-0089).
Claim(s) 25 and 29:
Claim(s) 25 and 29 correspond to Claim 21, and thus, Beuhler and Gao teach or suggest the limitations of claim(s) 25 and 29 as well.
Claim 22:
Beuhler further teaches or suggests wherein the instructions are input by a user (see para. 0028 - user can select the primary video data feed 115 from the list 105 by choosing a camera number, by noticing a person or event of interest and selecting it using a pointer or other such input apparatus, or by selecting a location ( e.g., "Entrance") in the surveillance region. In some embodiments, the primary video data feed 115 is selected automatically based on data received; para. 0029 - also includes a set of layout icons 120 that allow the user to select a number of secondary data feeds to view; para. 0032 – user specified placement pattern. In some embodiments, the selection of secondary video data feeds and their placement in the proximate camera area 125 is a combination of automated and manual processes; para. 0036 - in some cases users can manually modify or delete implied adjacencies if desired. In some embodiments users manually specify adjacencies; para. 0043 - user tracks (STEP 255) the object and, if necessary, instructs the user module to swap (STEP 260) video feeds. the user can send commands to the sensor devices to change (STEP 265) one or more data capture parameters such as camera angle, focus, frame rate, etc.).
Claim(s) 26 and 30:
Claim(s) 26 and 30 correspond to Claim 22, and thus, Beuhler and Gao teach or suggest the limitations of claim(s) 26 and 30 as well.
Claim 23:
Beuhler further teaches or suggests wherein the data is at least one image (see para. 0028 - FIG. 1 and in accordance with one embodiment of the invention, an application screen 100 includes a listing 105 of camera locations, each element of the list 105 relating to a camera that generates an associated video data feed; user can select the primary video data feed 115 from the list 105 by choosing a camera number, by noticing a person or event of interest and selecting it using a pointer or other such input apparatus, or by selecting a location ( e.g., "Entrance") in the surveillance region. In some embodiments, the primary video data feed 115 is selected automatically based on data received; para. 0029 - also includes a set of layout icons 120 that allow the user to select a number of secondary data feeds to view. display video data feeds from cameras identified as "adjacent to" the camera whose video data feed appears in the primary camera pane 110; para. 0032 – user specified placement pattern. In some embodiments, the selection of secondary video data feeds and their placement in the proximate camera area 125 is a combination of automated and manual processes; para. 0036 - in some cases users can manually modify or delete implied adjacencies if desired. In some embodiments users manually specify adjacencies; para. 0037 - camera images are directly analyzed to determine adjacencies based on scene activity; para. 0041 - Sub-regions can also be defined based on image content. For example, the features (e.g., edges, textures, colors) in a video image can be used to automatically infer semantically meaningful sub-regions; para. 0043 - user tracks (STEP 255) the object and, if necessary, instructs the user module to swap (STEP 260) video feeds. the user can send commands to the sensor devices to change (STEP 265) one or more data capture parameters such as camera angle, focus, frame rate, etc.; claim 11 - wherein the set of secondary video surveillance cameras is based on an image quality of the selected object of interest within the video data shown in the primary camera pane.).
Claim(s) 27 and 31:
Claim(s) 27 and 31 correspond to Claim 23, and thus, Beuhler and Gao teach or suggest the limitations of claim(s) 27 and 31 as well.
Allowable Subject Matter
Claim(s) 24, 28, and 32 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Andrew T McIntosh whose telephone number is (571)270-7790. The examiner can normally be reached M-Th 8:00am-5:30pm.
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/ANDREW T MCINTOSH/Primary Examiner, Art Unit 2144
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