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 with respect to claim(s) 06/30/2026 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
IAW MPEP 2144.03 “OFFICIAL NOTICE”
If applicant does not traverse the examiner’s assertion of official notice or applicant’s traverse is not adequate, the examiner should clearly indicate in the next Office action that the common knowledge or well-known in the art statement is taken to be admitted prior art because applicant either failed to traverse the examiner’s assertion of official notice or that the traverse was inadequate. See Ahlert, 424 F.2d at 1091, 165 USPQ at 420. If the traverse was inadequate, the examiner should include an explanation as to why it was inadequate. [AltContent: rect]
For the “OFFICIAL NOTICE” taken below, since there were no arguments, the limitations of those claim(s) are take to be admitted prior art.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
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.
Claim(s) 1, 4, 8-9, 12 and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over McRae US 2022/0345669 in view of Goyal et al., US 12,033,348 , Xiong et al., US 20220414382 and Chen et al., US 20180254065 in view of Ratti et al., US 11,037,024.
In considering claim 1,
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a-b)The claimed obtaining an original image is met by cameras 12a..12n (Fig 1), where the images captured, as shown in Fig 1, the media server may receive the images from the image device (12) (including raw images (para 33) directly or thru a base station 14 (para 26) which may be incorporated into the camera or server. The artificial intelligence module is met where the system may perform artificial intelligence or computer vision (para 16, 39) on the captured frames/images including (para 26, 39-41, where the analysis of the captured images may be done by the server or could be performed in the image device (para 29).
c) the claimed providing…is met where the terminal device (user device) receives the image(s) and results such “DELIVERY PERSON” or “BILL” (para 36)
d) the claimed displaying…is met where user device 16 (Fig 1) (para 13, 22, 29, 31, 33, 34, 36-39), which includes the original captured image, the analysis result (who, what) and the superimposed where the description of the detected/person object is displayed along with the captured images.
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Regarding the added limitations from previously dependent claim 2,
McRae does not explicitly recite numbering the frames, synchronization:
McRae discloses the original image may be provided to the AI component (which may be located in the camera, server, base station) and to the server.
McRae does not explicitly recite numbering frames, however the features of providing video frames along with frame number is known as evidenced by Goyal et al., which discloses such conventional technique (col 10, line 43-67, col 21, line 35-52) which provide information regarding the frames which were identified and processed, which can include tasks simultaneously and synchronously being done.
Regarding the newly added d) “user settings” Goyal discloses “user settings” (full text para 10, 12, 28) which can control the display, thus being an obvious feature to include in the McRae which also displays information.
The motivation to modify McRae with Goyal would provide the user to know what images and frame numbers are being displayed to inform the user from what frames/captured images the object/person notification originated from thus being an obvious modification to one of ordinary skill in the art before the effective filing date of the claimed invention.
Principles of Law:
KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 418 (2007) and include:
a) combining prior art elements according to known methods to yield predictable results;
b) simple substitution of one known element for another to obtain predictable results;
c) Use of known technique to improve similar devices (methods, or products) in the same way;
d) applying a known technique to a known device (method or product) ready for improvement to yield predictable results:
e) “obvious to try”—choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success;
f) known work in one field of endeavor may prompt variations of it for use in the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art; and
g) some teaching, suggestion, motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teaching to arrive at the claimed invention.
As noted by the PTAB recent decision (12 July 2022):
“"The correct legal framework for obviousness does not involve divining the intention of an inventor of a prior art reference but, rather, involves determining 'what the combined teachings of the references would have suggested to those of ordinary skill in the art”
Microsoft Word - IPR2021-00417 FD - Ready (law360news.com)
Regarding the synchronously, the examiner notes in line with KSR, it would be obvious to ensure the data was aligned (synchronized) IAW KSR (c-e and g) which would provide predictable results, to ensure the user receive the data (images, analysis, frame numbers) in a manner which ensured the user was informed what the images were/are while viewing the images, thus being an obvious modification to one of ordinary skill in the art before the effective filing date of the claimed invention.
Regarding the thru the camera module and synchronously thru the artificial intelligence module.
Goyal provides information regarding the frames which were identified and processed, which can include tasks simultaneously and synchronously being done.
Regarding the analysis result and image number to the server thru the AI module, as noted by McRae the surveillance camera may include the AI-computer vision processing and the server receives the information prior to the end user device as shown in Fig 1, directly (with or without the base station)(col 29-32).
The motivation to provide synchronous data between components would ensure data was received/processed to ensure the user receive such information accurately and in a timely matter as would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention.
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Regarding the newly added b)
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McRae disclose “bounding boxes” (para 5-6);
Goyal also discloses bounding boxes (full text para 11, 38) which are used to identify and classify objects.
Although the combination does not explicitly recite the tag information comprises object type, tag number and position the examiner notes these are conventional/obvious in the field of endeavor.
The examiner incorporates Xiong et al., US 20220414382 which discloses “bounding boxes” to include object data type, position information object type or class as well as confidence (para 84).
Regarding “tag number” as disclosed by applicant as being a label-ID (Fig 5) the examiner provides additional evidence of such convention by incorporating Chen et al., US 20180254065, ( para 156 and 165) which discloses a tracker ID label for each associated bounding box being tracked.
The motivation to modify the above McRae/Goyal combination with conventional labeling as done by Xiong/Chen provide the user/system the ability to track/identify objects and provides the ability to search/retrieve information of such objects using such information, thus being an obvious modification to one of ordinary skill in the art before the effective filing date of the claimed invention.
Regarding the newly added limitations (e-f):
As noted above Chen, US 20180254065 was evidenced for “tag number” (tracker ID) (paras 121, 124, 156, 165, 188, 236, 257-259 Fig 20a/e).
Regarding the user performing annotation on an object (via tag number):
The examiner incorporates Ratti et al., US 11,037,024 which discloses a crowd-sourced annotation/processing system which can be used in security surveillance environments, which allows an AI system to correctly identify and annotate objects by incorporating user annotations/descriptions.
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The motivation to modify the above combination with Ratti, would provide an AI system which is trained by also incorporating user inputs/annotations as noted above, thus ensuring accurate results, thus being an obvious modification to one of ordinary skill in the art before the effective filing date of the claimed invention.
In considering claim 4.
The examiner notes the combination of McRae and Goyal provide the user the features of receiving original captured images and analysis results (identified person, object) which provide the frame numbers with respect to the captured images and analyzed images.
Regarding synchronization as noted in claims 2-3, the features of synchronizing data is an obvious feature IAW KSR (c-e and g) which would provide predictable results, to ensure the user receive the data (images, analysis, frame numbers) in a manner which ensured the user was informed what the images were/are while viewing the images, thus being an obvious modification to one of ordinary skill in the art before the effective filing date of the claimed invention.
In considering claim 8,
McRae disclose the surveillance camera (image device 12a..12n) may include the AI-computer vision processing (para 26) which may be incorporated into the camera or server. The artificial intelligence module is met where the system may perform artificial intelligence or computer vision (para 16, 39) on the captured frames/images including (para 26, 39-41, where the analysis of the captured images may be done by the server or could be performed in the image device (para 29).
As shown in Fig 1, the imaging devices are edge devices in the system.
In considering claim 9,
Refer to claim 1.
As noted in Fig 1, the system may include cameras 12a-n and include AI-computer vision processing ability, which are connected to a server 50 and then to a user device 16, where the base station may be eliminated (para 26)
In considering claim 12,
Refer to claim 4.
In considering claim 16,
Refer to claim 8.
In considering claim 17,
Refer to claim 1 and 9.
Regarding the communication interface…as noted by applicant’s specification this is a wired or wireless communication connection, where McRae discloses the imaging devices may include wireless or wired communication (para 24-25, 28-29)
Claim(s) 6-7, 14-15 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over McRae US 2022/0345669, Goyal et al., US 12,033,348, Xiong et al., US 20220414382 and Chen et al., US 20180254065, Ratti et al., US 11,037,024 in view of Farren et al., US 12,033,748.
In considering claims 6,
McRae discloses the use of AI/computer vision (para 16, 39) in a surveillance system to identify objects, cars and people.
McRae does not explicitly the conventional features of using AI such as labels/annotations to optimize the AI models parameters.
Ratti discloses the use of AI with user assistance to ensure accurate results, where the user has a terminal/input device to annotate objects. .
The examiner also evidences Farren et al., US 12,033,748 (col 4, line 34 to col 5, line 45), which discloses that when using AI learned relationships between the input and features corresponding to labels and annotations are used to make accurate predictions and improve the accuracy including surveillance systems.
These setting parameters comprising annotation information corresponding to a tag in the analysis are used by the elements to ensure accuracy in the AI modules.
Regarding the through the terminal device it is noted that McRae discloses the user may interface with user interface 16 to interface with imaging device 12(para 38) via thru the server.
Thus the motivation to modify the above combination with Farren provide the advantages as noted above and ensure the surveillance system accurately detects, objects persons to ensure a proper security notification system as would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention.
In considering claim 7,
As noted above in claim 6, the tag result and analysis result are known, although the combination does not explicitly recite such information through the terminal device (it is noted Ratti disclose the user of a terminal device to annotate data), where the examiner notes it is conventional to allow an end user to update/validate information received from an AI module, since the AI module is always learning and to ensure proper accuracy/results thus the examiner takes “OFFICIAL NOTICE” regarding such being an obvious modification to one of ordinary skill in the art before the effective filing date of the claimed invention.
In considering claim 14,
Refer to claim 6.
In considering claim 15,
Refer to claim 7.
In considering claim 19,
Refer to claim 6.
In considering claim 20,
Refer to claim 6-7.
McRae discloses the user can (via user device 16) remotely monitor and interface with the imaging device 12 (para 38). Ratti also discloses the user of a user input terminal as noted above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure—see newly cited references on attached form PTO-892.
US 20080069480 (para 8, 17, 77) discloses a system where objects can be associated with tags/numbers and searched via such identification.
US 20160034512 (para 9-11) discloses a system which allows user assigned tags for items.
US 20180060356 (Fig 11, para 2, 47, 110-112) discloses a system which allows a search device to be highly accurate and comprehensive (para 121) based on images being tagged when performing annotation.
US 20230162030 (para 66) discloses a system which trains a neural network comprising annotated objects.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Brian Yenke whose telephone number is (571)272-7359. The examiner work schedule is Monday-Thursday, 0730-1830 hrs.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s Supervisor, John Miller, can be reached at (571)272-7353.
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/BRIAN P YENKE/Primary Examiner, Art Unit 2422
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