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 .
DETAILED ACTION
This communication is a Final office action on merit. Claims 7-14 are added. Claims 1-14, after amendment, are presently pending and have been considered below.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. JP2023-124031, filed on 7/31/2023.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 7/16/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 is 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.
Claim 1 recites: “when receiving the shot image of the face portion from the communication terminal of the watching target, the management server comparing the shot image of the face portion with a face image of the watching target included in user data received from the communication terminal of the user, and when the shot image and the face image match, the management server allowing a sending an image of the infrastructure camera including the watching target to the communication terminal of the user” in which “the shot image of the face portion from the communication terminal” is lack of antecedent basis.
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over US 2015/0133025 A1, Ponomarev et al. (hereinafter Ponomarev) in view of US US 2021/0297580A1, Arai et al. (hereinafter Arai).
As to claim 1, Ponomarev discloses a method for managing a watching service using an infrastructure camera (Fig 1), the method comprising:
when receiving an application for use of the watching service from a communication terminal of a user, a management server sending a request for personal identification to a communication terminal of a watching target of the user (Figs 1-3; pars 0008-0009, 0072-0073, 0159, 0281-0283, 0316, upon receiving a request from the supervisor (parent) communication device to access services over the internet information related to child including image, voice, interaction, the supervisor communication device being identified/verified to have a right or permit to access such information by the network/server); and
when receiving the shot image of the face portion from the communication terminal of the watching target, the management server comparing the shot image of the face portion with a face image of the watching target included in user data received from the communication terminal of the user, and when the shot image and the face image match, the management server allowing a sending an image of the infrastructure camera including the watching target to the communication terminal of the user (Figs 1-3, 11; pars 0040, 0072, 0180, 0217, 0266, 0281-0283, 0315-0316, video image of the child taken with the built-in video camera can be sent to supervisor communication device upon verifying the right to access).
Ponomarev does not expressly disclose the request for personal identification includes photographing a face portion of the watching target by using the communication terminal of the watching target, and sending a shot image of the face portion from the communication terminal of the watching target to the management server.
Pantazelos, in the same or similar field of endeavor, further teaches when receiving the shot image of the face portion from the communication terminal of the watching target, the management server comparing the shot image of the face portion with a face image of the watching target included in user data received from the communication terminal of the user (pars 0009, 0011, 0077, upon receiving from a user’s computing device front-facing camera using facial recognition and facial detection technology to ensure the intended recipient), and when the shot image and the face image match, the management server allowing a sending an image of the infrastructure camera including the watching target to the communication terminal of the user (pars 0025, 0029, 0034-0037, 0059, 0062, upon facial recognition matches, images being sent over the communication network/infrastructure with shared image as well as photos taken from the other side).
Arai, in the same or similar field of endeavor additionally teaches the camera for capturing facial image of a target user can be an infrastructure camera (Fig 17, par 0163, surveillance or monitoring camera).
Therefore, consider Ponomarev, Pantazelos and Arai’s teachings as a whole, it would have been obvious to one of skill in the art before the filing date of invention to incorporate Pantazelos and Arai’s teachings in Ponomarev’s method for secure photo/image sharing/watching.
As to claim 2, Ponomarev as modified discloses the method according to claim 1, wherein a photographing request of the face portion included in the request for personal identification includes a photographing of a desired action for the face portion (Pantazelos: par 0066, front-facing face capturing).
As to claim 3, Ponomarev as modified discloses the method according to claim 1, wherein the method further comprising: when receiving an application for use of the watching service from the communication terminal of the user, the management sever sending a request for association for a new communication terminal to be associated with the communication terminal of the user to the communication terminal of the user (Ponomarev: Figs 2-3, 8, more than one devices may be configured and allowed to access images and/or other information captured from child’s device/sensor; pars 0007, 0013-0015, 0022, 0029, 0037, 0039, 0044, 0049); and when receiving information satisfying the request for association from the communication terminal of the user or the new communication terminal, the management server registering the new communication terminal as the communication terminal of the watching target in accordance with the information satisfying the request for association (Ponomarev: Figs 2-3, 8, more than one devices (including a new device) may be configured and allowed to access images and/or other information captured from child’s device/sensor; pars 0007, 0013-0015, 0022, 0029, 0037, 0039, 0044, 0049; Pantazelos: Fig 5; pars 0049, 0059, 0063, network to register known user through facial authentication).
As to claim 4, Ponomarev as modified discloses the method according to claim 3, wherein the request for association includes acquiring terminal information of the new communication terminal through short distance communication between the communication terminal of the user and the new communication terminal (Ponomarev: Fig 9, short range TX/RTX communication; par 0349) and sending the terminal information of the new communication terminal to the management server (Ponomarev: Figs 2-3, 9; pars 0009, 0169, 0232-0233).
As to claim 5, Ponomarev as modified discloses the method according to claim 3, wherein the request for association includes reading, by the new communication terminal, connection information output from the communication terminal of the user and connecting, by the new communication terminal, to the management server based on the connection information (Ponomarev: Figs 1, 3-4, 8, 10; pars 0249, 0282, 0313, 0333-0334, more than one supervisory communication terminals (including new terminal) being connected to the network entity/management server for interaction with child’s terminal).
As to claim 6, it is a system claim encompassed claim 1. Rejection of claim 1 is therefore incorporated herein.
As to claim 7, Ponomarev as modified discloses the method according to claim 1, wherein when the shot image and the face image do not match, the management server does not allow the sending of the image of the infrastructure camera and transmits a reason for not allowing the sending to a transmission source of the application for use of the watching service (Pantazelos: par 0029, not permit/allow image exchange if not authenticated; Arai: par 0163).
As to claim 8, Ponomarev as modified discloses the method according to claim 1, wherein the face image of the watching target is included in the user data as identification information of the watching target, and the application for use of the watching service includes the user data (Pantazelos: pars 0039, 0047, 0064, user’s biometric identification).
As to claim 9, Ponomarev as modified discloses the method according to claim 1, wherein the management server searches camera images acquired by a plurality of infrastructure cameras using the face image of the watching target as a key to specify the image of the infrastructure camera including the watching target (Pantazelos: pars 0037-0038; Arai: Figs 11, 16; pars 0052, 0067-0068, 0120, 0163).
As to claim 10, Ponomarev as modified discloses the method according to claim 1, wherein the management server transmits identification information unique to the communication terminal of the user together with the request for personal identification to the communication terminal of the watching target (Pantazelos: pars 0047, 0064, username and password being unique identification to the target of the communication terminal , along with biometric identification of the user; Arai: Figs 11, 16; pars 0052, 0067-0068, 0120).
As to claims 11-14, they are system claims encompassed claims 7-10. They are rejected with the same reasons as set forth in claims 7-10, respectively.
Response to Arguments
Applicant’s arguments have been considered but they are moot in light of new ground of rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Examiner’s Note
Examiner has cited particular column, line number, paragraphs and/or figure(s) in the reference(s) as applied to the claims for the convenience of the Applicant. Although the specified citations are representative of the teachings of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider the reference(s) in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Qun Shen whose telephone number is (571) 270-7927. The examiner can normally be reached on Mon-Friday from 9:00-5:00. If attempts to reach the examiner by telephone are unsuccessful, the examiner's Supervisor, Amandeep Saini can be reached on (571) 272-3382. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/QUN SHEN/
Primary Examiner, Art Unit 2662
Prosecution Insights