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 .
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.
The broadest reasonable interpretation of a claim drawn to a computer readable medium (also called machine readable medium and other such variations) typically covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer readable media, particularly when the specification is silent. See MPEP 2111.01. When the broadest reasonable interpretation of a claim covers a signal per se, the claim must be rejected under 35 U.S.C. § 101 as covering non-statutory subject matter. See In re Nuijten, 500 F.3d 1346, 1356-57 (Fed. Cir. 2007) (transitory embodiments are not directed to statutory subject matter) and Interim Examination Instructions for Evaluating Subject Matter Eligibility Under 35 U.S.C. § 101, Aug. 24, 2009; p. 2.
A claim drawn to such a computer readable medium that covers both transitory and non-transitory embodiments may be amended to narrow the claim to cover only statutory embodiments to avoid a rejection under 35 U.S.C. § 101 by adding the limitation "non-transitory" to the claim. Such an amendment would typically not raise the issue of new matter, even when the specification is silent because the broadest reasonable interpretation relies on the ordinary and customary meaning that includes signals per se. The limited situations in which such an amendment could raise issues of new matter occur, for example, is when the specification does not support a non-transitory embodiment because a signal per se is the only viable embodiment such that the amended claim is impermissibly broadened beyond the supporting disclosure. See, e.g., Gentry Gallery, Inc. v. Berkline Corp., 134 F.3d 1473 (Fed. Cir. 1998).
For additional information, please see the Official Gazette notice published February 23, 2010 (1351 OG 212).
Claim(s) 9 is/are rejected under 35 U.S.C. § 101 as being directed toward a computer readable medium that, in view of the Official Gazette notice above, can cover both statutory and non-statutory subject matter.
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.
Claims 4 and 5 are 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 4 recites “…when it is detected that the suspicious target exists in the frame of image or the network module (104) receives a remote wake-up command or a storage space of the memory module (103) is full,…”. The phrase appears to be incomplete and it is unclear what is fully encompassed by the “when” clause as well as what the “effect” clause is.
Claim 5 depends on claim 4 and therefore is rejected.
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.
Claim(s) 1-3, 6, 8, and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Carter et al. (U.S. Pub. No. 20230064892).
Regarding claim 1, Carter discloses:
A quick start system of a low power-consumption network camera (low power mode of the camera with sub-GHz communications or other low power communications module that operates during a low power mode, where camera 1 can be configured to send a notification in response to sensed motion or other condition while in the low power mode and camera 1 can also (e.g., simultaneous with, before or after sending the notification) activate the imaging module 15 and/or other components of a sleep circuit that are deactivated in the low power mode, e.g., so the components can perform or be ready to perform particular functions (quick start), par. 28, 33), comprising a main control module (controller 11 including image processing module 14, 34, where controllers 11, 33 can include a data processing device for implementing software or other computer-implemented instructions, various sensors, indicators or other user interface components, a battery or other power supplies, voltage converters, storage devices, and other elements to perform various functions, par. 35, 37, 53), wherein the main control module is connected to an image acquisition module, a sound acquisition module (imaging module 15 can include any suitable components for capturing image data, such as lenses, filters, a CMOS or other imaging device, a microphone to capture sound data that is combined with image data to form video image data, where controller 11 can activate the imaging module 15 and other components as needed, par. 35, 36, 42, 52), a memory module (controller 11 can include a system on a chip (SOC) data processor or computing device that implements software and other instructions, e.g., stored in a memory 16 or elsewhere, to perform various control and other functions, including functions of an image processing module 14, par. 41), and a battery/power supply module, respectively (controllers 11, 33 can include a battery 15 or other power supply, a power management unit (PMU) for adjusting voltage, current and/or other aspects of power provided to various components of the camera 1, and any other suitable components for performing input/output, control or other functions, par. 35, 36, 42, 52);
the image acquisition module and the sound acquisition module are used for acquiring a frame of image (the microphone capturing sound data is combined with image data to form video image data including frames, par. 26, 30, 35, 36, 42, 52);
the main control module is used for encoding the frame of image (image processing module 14, 34 can include one or more software components, artificial intelligence features, or other instructions that are implemented by the controller 11, 33 to perform image analysis (such as facial recognition, movement detection, object recognition, etc.) or other processing functions (such as generating MPEG, JPEG or other image data structures, and so on), par. 35), storing the frame of image after being coded in the memory module (image data can be analyzed, compressed or otherwise processed by the image processing module 14 and related information stored in a memory of the controller 11, e.g., for sending to the server 5 at a current or future time, par. 35), and intelligently detecting the frame of image, to detect whether a suspicious target exists or not (activate the imaging module 15 to detect image data from an area of interest, such as a field of view of the imaging module 15 and the image data can be analyzed, compressed or otherwise processed by the image processing module 14 and related information stored in a memory of the controller 11, where events detected by an outdoor camera can be assigned a risk score based on various criteria and events can be screened or identified for screening by monitoring personnel or a user based on the risk score, where the presence of a human detected by an outdoor camera at night may be assigned a higher risk score than the presence of a human during the day, and similarly a human acting suspiciously regardless of the time of day such as hiding behind bushes or walking around a property multiple times in a few days can be assigned a higher risk score than arrival of a known delivery person carrying and leaving a package at the building five days a week, where image processing module 14, 34 can include one or more software components, artificial intelligence features, or other instructions that are implemented by the controller 11, 33 to perform image analysis (such as facial recognition, movement detection, object recognition, etc.), par. 35 and 53); and
the battery/power supply module is used for supplying power to the main control module, the image acquisition module, the sound acquisition module, and the memory module, and the main control module (camera 1 is powered only by battery power and controller 11 in some embodiments can include a battery 15 or other power supply, a power management unit (PMU) for adjusting voltage, current and/or other aspects of power provided to various components of the camera 1, and any other suitable components for performing input/output, control or other functions, par. 36 and 41), the image acquisition module, and the sound acquisition module are repeatedly started according to a quick start time (controller 11 can disable the first communications module 12 as well as other camera components during periods when the camera 1 is not actively capturing, processing, sending or otherwise handling video image data, and during such low power periods, only the second communications module 13 can be active, along with other components required for operation of the second communications module 13 and possibly other low power components used by the camera 1 to trigger camera operation, such as a passive infrared sensor that is used to trigger activation of the imaging module 15 to capture image data when the camera 1 is in a low power mode, where while the camera 1 is in a low power mode and all components except for the always on circuit 20 are deactivated, the always on circuit 20 can detect motion or other indication that some or all components of the sleep circuit should be activated and/or that a notification of the detected condition should be sent (such as by the sub-GHz module 13), where in response to the PIR sensor 43 or camera switch 47, the always on circuit 20 can cause the controller 11 to activate the imaging module 15 to record video image data and a WIFI or other high power communications module 12 to establish a network with an external device to send the image data to a remote server or other device, and where the camera restarts or powers components of the sleep circuit based on detected motion or other conditions, par. 21, 36, 43).
Regarding claim 2, Carter further discloses:
suspicious target comprises people, cars, animal, and fireworks (a human acting suspiciously regardless of the time of day such as hiding behind bushes or walking around a property multiple times in a few days can be assigned a higher risk score than arrival of a known delivery person carrying and leaving a package at the building five days a week, par. 35 and 53).
Regarding claim 3, Carter further discloses:
quick start time ranges from 1 to 60 seconds (start up cycle including enabling the camera to capture and send image data may take 5 to 15 seconds or more, par. 4).
Regarding claim 6, Carter discloses:
A quick start method of a low power-consumption network camera, comprising:
powering on to reset a main control module (controller 11 including image processing module 14, 34, where controllers 11, 33 can include a data processing device for implementing software or other computer-implemented instructions, various sensors, indicators or other user interface components, a battery or other power supplies, voltage converters, storage devices, and other elements to perform various functions, par. 35, 37, 53), an image acquisition module, and a sound acquisition module(imaging module 15 can include any suitable components for capturing image data, such as lenses, filters, a CMOS or other imaging device, a microphone to capture sound data that is combined with image data to form video image data, where controller 11 can activate the imaging module 15 and other components as needed, par. 35, 36, 42, 52, where camera 1 is powered only by battery power and controller 11 in some embodiments can include a battery 15 or other power supply, a power management unit (PMU) for adjusting voltage, current and/or other aspects of power provided to various components of the camera 1, and any other suitable components for performing input/output, control or other functions, par. 36 and 41, and where the camera restarts or powers components of the sleep circuit based on detected motion or other conditions, par. 21, 36, 43);
acquiring a frame of image through the image acquisition module and the sound acquisition module (the microphone capturing sound data is combined with image data to form video image data including frames, par. 26, 30, 35, 36, 42, 52);
encoding the frame of image and storing a coded image in a memory module through the main control module (image processing module 14, 34 can include one or more software components, artificial intelligence features, or other instructions that are implemented by the controller 11, 33 to perform image analysis (such as facial recognition, movement detection, object recognition, etc.) or other processing functions (such as generating MPEG, JPEG or other image data structures, and so on), par. 35, and image data can be analyzed, compressed or otherwise processed by the image processing module 14 and related information stored in a memory of the controller 11, e.g., for sending to the server 5 at a current or future time, par. 35), and intelligently detecting the frame of image through the main control module, to detect whether a suspicious target exists or not (activate the imaging module 15 to detect image data from an area of interest, such as a field of view of the imaging module 15 and the image data can be analyzed, compressed or otherwise processed by the image processing module 14 and related information stored in a memory of the controller 11, where events detected by an outdoor camera can be assigned a risk score based on various criteria and events can be screened or identified for screening by monitoring personnel or a user based on the risk score, where the presence of a human detected by an outdoor camera at night may be assigned a higher risk score than the presence of a human during the day, and similarly a human acting suspiciously regardless of the time of day such as hiding behind bushes or walking around a property multiple times in a few days can be assigned a higher risk score than arrival of a known delivery person carrying and leaving a package at the building five days a week, where image processing module 14, 34 can include one or more software components, artificial intelligence features, or other instructions that are implemented by the controller 11, 33 to perform image analysis (such as facial recognition, movement detection, object recognition, etc.), par. 35 and 53);
configuring a quick start time (low power mode of the camera with sub-GHz communications or other low power communications module that operates during a low power mode, where camera 1 can be configured to send a notification in response to sensed motion or other condition while in the low power mode and camera 1 can also (e.g., simultaneous with, before or after sending the notification) activate the imaging module 15 and/or other components of a sleep circuit that are deactivated in the low power mode, e.g., so the components can perform or be ready to perform particular functions (quick start), par. 28, 33); and
enabling the main control module, the image acquisition module, and the sound acquisition module to hibernate (camera 1 and the base station 3 can communicate when the camera is nearly entirely deactivated in low power mode and the camera restarts or powers components of the sleep circuit based on detected motion or other conditions, par. 21, 33, 36, 43), and maintaining power supply to the memory module through the battery/power supply module (camera 1 is powered only by battery power and controller 11 in some embodiments can include a battery 15 or other power supply, a power management unit (PMU) for adjusting voltage, current and/or other aspects of power provided to various components of the camera 1, and any other suitable components for performing input/output, control or other functions, par. 36 and 41).
Regarding claim 8, Carter discloses:
An electronic device, comprising a memory and a processor, wherein the memory is used for storing one or more computer instructions, wherein the one or more computer instructions are executed by the processor to implement the quick start method of a low power-consumption network camera according to Claim 6 (see the rejection of claim 6 and note that the controller 11 can include a system on a chip (SOC) data processor or computing device that implements software and other instructions, e.g., stored in a memory 16 or elsewhere, to perform various control and other functions, including functions of an image processing module 14, par. 41).
Regarding claim 9, Carter further discloses:
A computer-readable storage medium, wherein when a computer program is executed by a computer, the quick start method of a low power-consumption network camera according to Claim 6 is implemented (see the rejection of claim 6 and note that the controller 11 can include a system on a chip (SOC) data processor or computing device that implements software and other instructions, e.g., stored in a memory 16 or elsewhere, to perform various control and other functions, including functions of an image processing module 14, par. 41).
Allowable Subject Matter
Claim 7 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.
Regarding claim 7, no prior art could be located that teaches or fairly suggests when it is detected that the suspicious target exists in the frame of image or a network module (104) receives a remote wake-up command or a storage space of the memory module (103) is full, enabling the network camera to enter a continuous workflow; powering on to reset a main control module (100), an image acquisition module (101), and a sound acquisition module (102); powering on to reset the network module (104) and a storage module (105); acquiring continuous images through the image acquisition module (101) and the sound acquisition module (102); encoding the continuous images and intelligently detecting the continuous images through the main control module (100), to detect whether the suspicious target exists or not; storing coded continuous images in the storage module (105) through the main control module (100), and transmitting real-time continuous images through the network module (104); and when no suspicious target exists in the continuous images or a timing time is up, reconfiguring the quick start time, enabling the network module (104) and the storage module (105) to hibernate, restarting the main control module (100), the image acquisition module (101), and the sound acquisition module (102) according to the quick start time, maintaining power supply to the memory module (103), and enabling the network camera to enter a quick start workflow, in combination with the rest of the limitations of the claim and parent claim.
Conclusion
Regarding claim(s) 4 and 5, taking into consideration the indefiniteness described in the 35 USC 112 rejection(s) above, no prior art could be found and applied as a prior art rejection.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS G GILES whose telephone number is (571)272-2824. The examiner can normally be reached M-F 6:45AM-3:15PM EST (HOTELING).
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/NICHOLAS G GILES/ Primary Examiner, Art Unit 2639