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 .
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 4, 7, 9, 12, and 14-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, 7, 9, 12, and 14-20 of U.S. Patent No. 11,546,394. Although the claims at issue are not identical, they are not patentably distinct from each other because:
-- Claims 1, 9, and 15 of the instant Application, recite common subject matter with the patent claims 1, 9, and 15;
-- Whereby claims 1, 9, and 15, of the instant application, which recite the open-ended transitional phrase “comprising”, do not preclude the additional elements recited by patent claims 1, 9, and 15, and
-- Whereby the elements of claims 1, 9, and 15 of the instant Application are fully anticipated by patent claim 1, 9, and 15.
Instant Application
comparison
US-Patent 11,546,394
1. A method, comprising: determining a first normalized resolution for a first region of interest of an initial video stream captured by a video capture device located within a physical space, wherein the first region of interest is associated with a first conference participant within the physical space; determining a second normalized resolution for a second region of interest of the initial video stream, wherein the second region of interest is associated with a second conference participant within the physical space; causing the video capture device to capture, at the first normalized resolution, a first video stream associated with the first region of interest for a first user interface tile of a conferencing software user interface associated with the first conference participant; and causing the video capture device to capture, at the second normalized resolution, a second video stream associated with the second region of interest for a second user interface tile of the conferencing software user interface associated with the second conference participant.
(note that the instant claim 1 recites all limitations of patent claim 1, except the limitation: “wherein the first and second video streams conform sizes and quality levels of the first and second conference participants within separate user interface tiles of a conferencing software user interface to which the first and second video streams are output”)
1. (Original) A method, comprising: determining s forand second regions of interest of an initial video stream captured by a video capture device located within a physical space, wherein the first region of interest is associated with a first conference participant within the physical spaceand instructing the video capture device to capture, at the s, a first video stream associated with the first region of interest and a cond video sam associated with the second region of interest, wherein the first and second video streams conform sizes and quality levels of the first and second conference participant within separate user interface tiles of a conferencing software user interface to which the first and second video streams are output.
1. A method, comprising: determining normalized resolutions for first and second regions of interest of an initial video stream captured by a video capture device located within a physical space, wherein the first region of interest is associated with a first conference participant within the physical space and the second region of interest is associated with a second conference participant within the physical space; and instructing the video capture device to capture, at the normalized resolutions, a first video stream associated with the first region of interest and a second video stream associated with the second region of interest, wherein the first and second video streams conform sizes and quality levels of the first and second conference participants within separate user interface tiles of a conferencing software user interface to which the first and second video streams are output.
(note that the normalized resolutions for first and second regions of interest are equivalent to the first normalized resolution for a first region of interest of an initial video stream)
4. The method of claim 1, wherein the first normalized resolution and the second normalized resolution are constrained based on a maximum resolution of a second video capture device within the physical space.
4. (Original) The method of claim 1, wherein determining the normalized resolutions for the first and second regions of interest comprises: constraining the normalized resolution
4. The method of claim 1, wherein determining the normalized resolutions for the first and second regions of interest comprises: constraining the normalized resolutions based on a maximum resolution of a second video capture device within the physical space.
7. The method of claim 1, wherein the first normalized resolution is based on a first distance between the first conference participant and the video capture device within the physical space, and wherein the second normalized resolution is based on a second distance between the second conference participant and the video capture device within the physical space.
7. (Original) The method of claim 1, wherein the s are based on a first distance between the first conference participant and the video capture device within the physical space
7. The method of claim 1, wherein the normalized resolutions are based on a first distance between the first conference participant and the video capture device within the physical space and a second distance between the second conference participant and the video capture device within the physical space.
9. A non-transitory computer readable medium storing instructions operable to cause one or more processors to perform operations comprising: determining a first normalized resolution for a first region of interest of an initial video stream captured by a video capture device located within a physical space, wherein the first region of interest is associated with a first conference participant within the physical space; determining a second normalized resolution for a second region of interest of the initial video stream, wherein the second region of interest is associated with a second conference participant within the physical space; causing the video capture device to capture, at the first normalized resolution, a first video stream associated with the first region of interest for a first user interface tile of a conferencing software user interface associated with the first conference participant; and causing the video capture device to capture, at the second normalized resolution, a second video stream associated with the second region of interest for a second user interface tile of the conferencing software user interface associated with the second conference participant.
9. (Original) A non-transitory computer readable medium storing instructions operable to cause one or more processors to perform operations comprising: determinings forand second regions of interest of an initial video stream captured by a video capture device located within a physical space, wherein the first region of interest is associated with a first conference participant within the physical spaceand instructing the video capture device to capture, at the s, a first video stream associated with the first region of interest and a cond video sam associated with the second region of interest, wherein the first and second video streams conform sizes and quality levels of the first and second conference participant within separate user interface tiles of a conferencing software user interface to which the first and second video streams are output.
9. A non-transitory computer readable medium storing instructions operable to cause one or more processors to perform operations comprising: determining normalized resolutions for first and second regions of interest of an initial video stream captured by a video capture device located within a physical space, wherein the first region of interest is associated with a first conference participant within the physical space and the second region of interest is associated with a second conference participant within the physical space; and instructing the video capture device to capture, at the normalized resolutions, a first video stream associated with the first region of interest and a second video stream associated with the second region of interest, wherein the first and second video streams conform sizes and quality levels of the first and second conference participants within separate user interface tiles of a conferencing software user interface to which the first and second video streams are output.
12. The non-transitory computer readable medium of claim 9, the operations comprising: updating the first normalized resolution and the second normalized resolution based on a detection of a new video capture device within the physical space.
12. (Original) The non-transitory computer readable medium of claim 9, the operations comprising: updating the
12. The non-transitory computer readable medium of claim 9, the operations comprising: updating the normalized resolutions based on a detection of a new video capture device within the physical space.
14. The non-transitory computer readable medium of claim 9, wherein the first normalized resolution and the second normalized resolution are determined based on at least one of a room condition associated with the physical space, a network condition associated with the physical space, or a device constraint associated with the physical space.
14. (Original) The non-transitory computer readable medium of claim 9, wherein the
14. The non-transitory computer readable medium of claim 9, wherein the normalized resolutions are determined based on at least one of a room condition associated with the physical space, a network condition associated with the physical space, or a device constraint associated with the physical space.
15. An apparatus, comprising: a memory; and a processor configured to execute instructions stored in the memory to: determine a first normalized resolution for a first region of interest of an initial video stream captured by a video capture device located within a physical space, wherein the first region of interest is associated with a first conference participant within the physical space; determine a second normalized resolution for a second region of interest of the initial video stream, wherein the second region of interest is associated with a second conference participant within the physical space; cause the video capture device to capture, at the first normalized resolution, a first video stream associated with the first region of interest for a first user interface tile of a conferencing software user interface associated with the first conference participant; and cause the video capture device to capture, at the second normalized resolution, a second video stream associated with the second region of interest for a second user interface tile of the conferencing software user interface associated with the second conference participant.
15. (Original) An apparatus, comprising: a memory; and a processor configured to execute instructions stored in the memory to: determine s forand second regions of interest of an initial video stream captured by a video capture device located within a physical space, wherein the first region of interest is associated with a first conference participant within the physical spaceand instruct the video capture device to capture, at the s, a first video stream associated with the first region of interest and a cond video sam associated with the econd region of interest, wherein the first and second video streams conform sizes and quality levels of the first and second conference participant within separate user interface tiles of a conferencing software user interface to which the first and second video streams are output.
15. An apparatus, comprising: a memory; and a processor configured to execute instructions stored in the memory to: determine normalized resolutions for first and second regions of interest of an initial video stream captured by a video capture device located within a physical space, wherein the first region of interest is associated with a first conference participant within the physical space and the second region of interest is associated with a second conference participant within the physical space; and instruct the video capture device to capture, at the normalized resolutions, a first video stream associated with the first region of interest and a second video stream associated with the second region of interest, wherein the first and second video streams conform sizes and quality levels of the first and second conference participants within separate user interface tiles of a conferencing software user interface to which the first and second video streams are output.
16. The apparatus of claim 15, wherein the first normalized resolution represents an increase to a resolution of a portion of the initial video stream corresponding to the first region of interest by a first amount, and wherein the second normalized resolution represents an increase to a resolution of a portion of the initial video stream corresponding to the second region of interest by a second amount greater than the first amount.
16. (Original) The apparatus of claim 15, wherein the s represent
16. The apparatus of claim 15, wherein the normalized resolutions represent an increase to a resolution of a portion of the initial video stream corresponding to the first region of interest by a first amount and an increase to a resolution of a portion of the initial video stream corresponding to the second region of interest by a second amount greater than the first amount.
17. The apparatus of claim 15, wherein the first normalized resolution represents a decrease to a resolution of a portion of the initial video stream corresponding to the first region of interest by a first amount, wherein the second normalized resolution represents an increase to a resolution of a portion of the initial video stream corresponding to the second region of interest by a second amount, wherein the decrease by the first amount causes the first conference participant to appear at a first size and at a first quality level and the increase by the second amount causes the second conference participant to appear at a second size within a range of the first size and at a second quality level within a range of the first quality level.
17. (Original) The apparatus of claim 15, wherein the s represent and
17. The apparatus of claim 15, wherein the normalized resolutions represent a decrease to a resolution of a portion of the initial video stream corresponding to the first region of interest by a first amount and an increase to a resolution of a portion of the initial video stream corresponding to the second region of interest by a second amount, wherein the decrease by the first amount causes the first conference participant to appear at a first size and at a first quality level and the increase by the second amount causes the second conference participant to appear at a second size within a range of the first size and at a second quality level within a range of the first quality level.
18. The apparatus of claim 15, wherein, to determine the first normalized resolution and the second normalized resolution, the processor is configured to execute the instructions to: determine a first distance between the first conference participant and the video capture device within the physical space; determine a second distance between the second conference participant and the video capture device within the physical space; and determine the first normalized resolution and the second normalized resolution based on a relationship between the first distance and the second distance.
18. (Original) The apparatus of claim 15, wherein, to determine the determine a first distance between the first conference participant and the video capture device within the physical space; determine a second distance between the second conference participant and the video capture device within the physical space; and determine the between the first distance and the second distance.
18. The apparatus of claim 15, wherein, to determine the normalized resolutions, the processor is configured to execute the instructions to: determine a first distance between the first conference participant and the video capture device within the physical space; determine a second distance between the second conference participant and the video capture device within the physical space; and determine the normalized resolutions based on a relationship between the first distance and the second distance.
19. The apparatus of claim 15, wherein the processor is configured to execute the instructions to: determine the first and second regions of interest based on metadata obtained from the video capture device.
19. (Original) The apparatus of claim 15, wherein the processor is configured to execute the instructions to: determine the first and second regions of interest based on metadata obtained from the video capture device.
19. The apparatus of claim 15, wherein the processor is configured to execute the instructions to: determine the first and second regions of interest based on metadata obtained from the video capture device.
20. The apparatus of claim 15, wherein the processor is configured to execute the instructions to: evaluate candidate regions of interest within initial video streams obtained from multiple video capture devices within the physical space to determine to use at least one of the first region of interest or the second region of interest.
20. (Original) The apparatus of claim 15, wherein the processor is configured to execute the instructions to: evaluate candidate regions of interest within initial video streams obtained from multiple video capture devices within the physical space to determine to use at least one of the first region of interest or the second region of interest.
20. The apparatus of claim 15, wherein the processor is configured to execute the instructions to: evaluate candidate regions of interest within initial video streams obtained from multiple video capture devices within the physical space to determine to use at least one of the first region of interest or the second region of interest.
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.
Claims 1, 4-5, 7-9, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Bohn et al, (US-PGPUB 20170085790)
In regards to claim 1, Bohn discloses a method, (see Fig. 2), comprising:
determining a first normalized resolution for a first region of interest of an initial
video stream captured by a video capture device located within a physical space, wherein the first region of interest is associated with a first conference participant within the physical space; and determining a second normalized resolution for a second region of interest of the initial video stream, wherein the second region of interest is associated with a second conference participant within the physical space, (see at least: Fig. 2, steps 202-204, Par. 0025-0026, At 204, method 200 includes identifying one or more regions of interest in the physical space based on the one or more lower-resolution images of the physical space, where the one or more regions of interest may be identified based at least in part on depth information of the physical space, such that the depth information may be provided by a depth camera utilized as the lower-resolution camera, [i.e., implicitly determining a first normalized resolution for a first region of interest and determining a second normalized resolution for a second region of interest, based on depth information of the physical space relative to the one or more regions, [first and second regions], provided by a depth camera utilized as the lower-resolution camera]. Further, at 202, method 200 includes obtaining, via one or more cameras, one or more lower-resolution images of the physical space, … and identifying one or more regions of interest in the physical space based on the one or more lower-resolution images of the physical space, [i.e., implicitly using the one or more cameras, (video cameras), to capture an initial video stream, “lower-resolution images”, of an initial of one or more regions interest located in the physical space]. Further, Fig. 3, Par. 0027, the image 300 may be analyzed to identify a plurality of regions of interest 302, (e.g., 302A, 302B, 302C), corresponding to the faces of the meeting participants, using a facial recognition algorithm, [i.e., wherein the first region of interest is associated with a first conference participant within the physical space, and wherein the second region of interest is associated with a second conference participant within the physical space, “implicit by identifying the plurality of regions of interest 302 (e.g., 302A, 302B, 302C), associated with the faces of the meeting participants”]);
causing the video capture device to capture, at the first normalized resolution, a first video stream associated with the first region of interest for a first user interface tile of a conferencing software user interface associated with the first conference participant; and causing the video capture device to capture, at the second normalized resolution, a second video stream associated with the second region of interest for a second user interface tile of the conferencing software user interface associated with the second conference participant, (see at least: Fig. 5, Par. 0037, the one or more lower-resolution images of the physical space 502 that are obtained may be analyzed by the imaging system 500 to identify the regions of interest. Then, the imaging system 500 may obtain a higher-resolution image for each region of interest using a higher-resolution, line-scan camera, [i.e., implicitly causing the video capture device, “imaging system 500”, to capture first video stream associated with the first region of interest, and to capture a second video stream associated with the second region of interest, “implicit by obtaining higher-resolution image for each region of interest using a higher-resolution, line-scan camera”]).
Bohn does not expressly disclose that the first video stream associated with the first region of interest, is obtained, at the first normalized resolution, for a first user interface tile of a conferencing software user interface associated with the first conference participant, and that the second video stream associated with the second region of interest, is obtained at the second normalized resolution, for a second user interface tile of the conferencing software user interface associated with the second conference participant.
However, Bohn discloses that the imaging system 500 further may adjust optical and illumination parameters for the higher-resolution image acquisition process differently for each region of interest, …. the imaging system 500 may adjust the higher-resolution, line-scan camera to have relatively less zoom and a shorter focal length in a first pass to obtain a higher-resolution image of region of interest 504A. Then, in another pass, the zoom and focal length may be increased to obtain a higher-resolution image for the region of interest 504B, (Par. 0038), [i.e., the first video stream associated with the first region of interest, is implicitly obtained at the first normalized resolution, and the second video stream associated with the second region of interest, is implicitly obtained at the second normalized resolution, based on adjusting the optical and illumination parameters for the higher-resolution image acquisition process, differently for each region of interest, “for the first region of interest and the second region of interest”]; and from Par. 0028, information obtained from the lower-resolution image data also may be used to adjust parameters for acquiring the higher-resolution image data of the regions of interest; and Par. 0049, visual representation may take the form of a graphical user interface (GUI), [which technically enables obtaining the first video stream and the second video stream, at different normalized resolutions, for each of the first user interface tile and the second user interface tile, “implicit by the region of interest 504A and 504B, as shown in Fig. 5”, of the conferencing software user interface, “graphical user interface (GUI)”, associated with the first and second conference participants]).
Therefore, Bohn is functionally equivalent to the recited limitations of claim 1 as addressed above.
In regards to claim 4, Bohn obviously discloses limitations of claim 1.
Bohn further discloses wherein the first normalized resolution and the second normalized resolution are constrained based on a maximum resolution of a second video capture device within the physical space, (see at least: Par. 0038, the imaging system 500 may adjust the higher-resolution, line-scan camera to have relatively less zoom and a shorter focal length in a first pass to obtain a higher-resolution image of region of interest 504A. Then, in another pass, the zoom and focal length may be increased to obtain a higher-resolution image for the region of interest 504B, [i.e., the first normalized resolution and the second normalized resolution are constrained, based on a maximum resolution of a second video capture device within the physical space, “implicit by obtaining the higher-resolution image, (maximum resolution), by the line-scan camera, for the regions of interest 504A, and 504B”]).
In regards to claim 5, Bohn obviously discloses limitations of claim 1.
Bohn further discloses wherein the first normalized resolution causes the first conference participant to appear at a first size and a first quality level within the first user interface tile, and wherein the second normalized resolution causes the second conference participant to appear at a second size and a second quality level within the second user interface tile, (see at least: Par. 0028, a depth of a region of interest may be used to adjust an optical system focus for that region of interest, such that the depth information for the region of interest may be inferred based on a size of the region of interest and/or an object in the region of interest, and other characteristics that may be determined include brightness information for a region of interest, color information for a region of interest, contrast information for a region of interest, and thermal information for a region of interest, [i.e., the first normalized resolution, causes the first conference participant to appear at a first size and a first quality level within the first user interface tile, and wherein the second normalized resolution causes the second conference participant to appear at a second size and a second quality level within the second user interface tile, “implicit by using the depth of a region of interest, based on adjusting an optical system focus for each first and second regions of interest, to causes the first and second conference participants to appear at different sizes”]. Further, Par. 0038, the imaging system 500 further may adjust optical and illumination parameters for the higher-resolution image acquisition process differently for each region of interest, …. the imaging system 500 may adjust the higher-resolution, line-scan camera to have relatively less zoom and a shorter focal length in a first pass to obtain a higher-resolution image of region of interest 504A. Then, in another pass, the zoom and focal length may be increased to obtain a higher-resolution image for the region of interest 504B, [i.e., the first normalized resolution, causes the first conference participant to appear at a first quality level within the first user interface tile, and wherein the second normalized resolution causes the second conference participant to appear at a second quality level within the second user interface tile, “implicit by adjusting optical and illumination parameters for the higher-resolution image acquisition process differently for each region of interest”]).
In regards to claim 7, Bohn obviously discloses limitations of claim 1.
Bohn further disclose wherein the first normalized resolution is based on a first distance between the first conference participant and the video capture device within the physical space, and wherein the second normalized resolution is based on a second distance between the second conference participant and the video capture device within the physical space, (see at least: Par. 0028, a depth of a region of interest may be used to adjust an optical system focus for that region of interest, such that a depth information for the region of interest may be inferred based on a size of the region of interest and/or an object in the region of interest. Further, from Par. 0030, referring again to FIG. 3, the region of interest 302A may have a depth value that is less than a depth value of the region of interest 302B, [i.e., wherein the first normalized resolution is based on a first distance between the first conference participant and the video capture device within the physical space, and wherein the second normalized resolution is based on a second distance between the second conference participant and the video capture device within the physical space, “implicitly by adjusting an optical system focus for the first and second regions of interest, using a depth of the and second regions of interest”]).
In regards to claim 8, Bohn obviously discloses limitations of claim 1.
Bohn further discloses wherein the first normalized resolution and the second normalized resolution match a size and quality level for the first conference participant appearing in the first user interface tile with the second conference participant appearing in the second user interface tile based on a difference between the first distance and the second distance, (see at least: Par. 0030, the zoom level may be increased for region of interest 302B compared to region of interest 302A to similarly frame an object (e.g. a face) in each region of interest, [i.e., first normalized resolution and the second normalized resolution match a size and quality level for the first conference participant appearing in the first user interface tile with the second conference participant appearing in the second user interface tile, “implicit by similarly frame an object (e.g. a face) in each region of interest”]). Further, Par. 0038, the imaging system 500 may adjust the higher-resolution, line-scan camera to have relatively less zoom and a shorter focal length in a first pass to obtain a higher-resolution image of region of interest 504A. Then, in another pass, the zoom and focal length may be increased to obtain a higher-resolution image for the region of interest 504B, which technically enables matching size and quality level for the first and second conference participants, based on difference between the first and second depths.
Regarding claim 9, claim 9 recites substantially similar limitations as set forth in claim 1. As such, claim 9 is rejected for at least similar rational.
The Examiner further acknowledged the following additional limitation(s): “a non-transitory computer readable medium storing instructions operable to cause one or more processors to perform operations”. However, Bohn discloses the “non-transitory computer readable medium storing instructions operable to cause one or more processors to perform operations”, (see at least: Par. 0040, implicit by the computer-program product; and Par. 0025, 0027, implicit by using “algorithms”).
Regarding claim 15, claim 15 recites substantially similar limitations as set forth in claim 1. As such, claim 15 is rejected for at least similar rational.
The Examiner further acknowledged the following additional limitation(s): “An apparatus, comprising: a memory; and a processor configured to execute instructions stored in the memory”. However, Bohn discloses the “apparatus, comprising: a memory; and a processor configured to execute instructions stored in the memory”, (see at least: Par. 0013, Fig. 1, “imaging system 100”. Par. 0044, logic subsystem 702 may include one or more processors; and from Par. 0046, “Storage subsystem 704”).
Claims 2-3, 10-11, and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Bohn et al, (US-PGPUB 20170085790) in view of Andalo et al, (US-PGPUB 2016/0275354)
In regards to claim 2, Bohn obviously discloses limitations of claim 1.
Bohn further discloses wherein the first conference participant is located closer to the video capture device than the second conference participant, (see at least: Fig. 5, where the first conference participant of the region of interest 504A is located closer to the imaging system 500, than the second conference participant of the region of interest 504B).
Bohn does not expressly disclose wherein the first normalized resolution equals a native resolution of the initial video stream increased by a first amount such that the first conference participant appears at a size and a quality level within the first user interface tile, and wherein the second normalized resolution equals the native resolution of the initial video stream increased by a second amount such that the second conference participant appears at the size and the quality level within the second user interface tile.
Andalo discloses wherein the first normalized resolution equals a native resolution of the initial video stream increased by a first amount such that the first conference participant appears at a size and a quality level within the first user interface tile, and wherein the second normalized resolution equals the native resolution of the initial video stream increased by a second amount such that the second conference participant appears at the size and the quality level within the second user interface tile, (see at least: Par. 0042, 0049-0050, the spatial resolution adjustment module 320 performs up or down sampling of each detected object 311 to match the desired resolution informed as parameter 202, which the up-sampling technically results in increasing the plurality native resolutions of the initial video stream, “i.e., first and second amounts”, such the different conference participants, “first and second conference participants”, appear at a size and a quality level within the user interface tiles”).
Bohn and Andalo are combinable because they are both concerned with video conferencing. Therefore, it would have been obvious to a person of ordinary skill in the art, to modify Bohn, to use the spatial resolution adjustment module 320, as though by Andalo, in order to perform up-sampling of each detected object 311, to match the desired resolution, (Andalo, Par. 0042)
In regards to claim 3, Bohn obviously discloses limitations of claim 1.
Bohn further discloses wherein the first conference participant is located closer to the video capture device than the second conference participant, (see at least: Fig. 5, where the first conference participant of the region of interest 504A is located closer to the imaging system 500, than the second conference participant of the region of interest 504B).
Bohn does not expressly disclose wherein the first normalized resolution equals a native resolution of the initial video stream decreased by a first amount such that the first conference participant appears at a size and a quality level within the first user interface tile, and wherein the second normalized resolution equals the native resolution of the initial video stream decreased by a second amount such that the second conference participant appears at the size and the quality level within the second user interface tile.
However, Andalo discloses wherein the first normalized resolution equals a native resolution of the initial video stream decreased by a first amount such that the first conference participant appears at a size and a quality level within the first user interface tile, and wherein the second normalized resolution equals the native resolution of the initial video stream decreased by a second amount such that the second conference participant appears at the size and the quality level within the second user interface tile, (see at least: Par. 0042, 0049-0050, the spatial resolution adjustment module 320 performs up or down sampling of each detected object 311 to match the desired resolution informed as parameter 202, which the down-sampling technically results in decreasing the plurality native resolutions of the initial video stream, “i.e., first and second amounts”, such the different conference participants, “first and second conference participants”, appear at a size and a quality level within the different user interface tiles”).
Bohn and Andalo are combinable because they are both concerned with video conferencing. Therefore, it would have been obvious to a person of ordinary skill in the art, to modify Bohn, to use the spatial resolution adjustment module 320, as though by Andalo, in order to perform the down-sampling of each detected object 311, to match the desired resolution, (Andalo, Par. 0042).
Regarding claim 10, claim 10 recites substantially similar limitations as set forth in claim 2. As such, claim 10 is rejected for at least similar rational.
Regarding claim 11, claim 11 recites substantially similar limitations as set forth in claim 3. As such, claim 11 is rejected for at least similar rational.
In regards to claim 16, Bohn obviously discloses limitations of claim 9.
Bohn does not expressly disclose wherein the first normalized resolution represents an increase to a resolution of a portion of the initial video stream corresponding to the first region of interest by a first amount, and wherein the second normalized resolution represents an increase to a resolution of a portion of the initial video stream corresponding to the second region of interest by a second amount greater than the first amount.
Andalo discloses wherein the first normalized resolution represents an increase to a resolution of a portion of the initial video stream corresponding to the first region of interest by a first amount, and wherein the second normalized resolution represents an increase to a resolution of a portion of the initial video stream corresponding to the second region of interest by a second amount greater than the first amount, (see at least: Par. 0042, 0049-0050, the spatial resolution adjustment module 320 performs up or down sampling of each detected object 311 to match the desired resolution informed as parameter 202, which the up-sampling technically results in increasing the plurality normalized resolutions by different amounts).
Bohn and Andalo are combinable because they are both concerned with video conferencing. Therefore, it would have been obvious to a person of ordinary skill in the art, to modify Bohn, to use the spatial resolution adjustment module 320, as though by Andalo, in order to perform up-sampling of each detected object 311, to match the desired resolution, (Andalo, Par. 0042)
In regards to claim 17, Bohn obviously discloses limitations of claim 9.
Bohn does not expressly disclose wherein the first normalized resolution represents a decrease to a resolution of a portion of the initial video stream corresponding to the first region of interest by a first amount, wherein the second normalized resolution represents an increase to a resolution of a portion of the initial video stream corresponding to the second region of interest by a second amount, wherein the decrease by the first amount causes the first conference participant to appear at a first size and at a first quality level and the increase by the second amount causes the second conference participant to appear at a second size within a range of the first size and at a second quality level within a range of the first quality level.
Andalo discloses wherein the first normalized resolution represents a decrease to a resolution of a portion of the initial video stream corresponding to the first region of interest by a first amount, wherein the second normalized resolution represents an increase to a resolution of a portion of the initial video stream corresponding to the second region of interest by a second amount, wherein the decrease by the first amount causes the first conference participant to appear at a first size and at a first quality level and the increase by the second amount causes the second conference participant to appear at a second size within a range of the first size and at a second quality level within a range of the first quality level, (see at least: Par. 0047-0048, the module 310 outputs the detected target objects 311 as different image tiles and their image coordinates 312, such that if the object's current resolution is lower than the desired resolution, an up-sampling process is performed. Otherwise, a down-sampling process is performed, [i.e., increasing or decreasing the resolution of a portion of the initial video stream corresponding to the first region of interest by respectively first and second amounts, to cause the first and second conference participants to implicitly appear at different sizes, “first and second sizes”, and different quality levels, “first and second quality levels”, within the first and second user interface tiles, respectively]. Andalo further discloses in Par. 0042, that the spatial resolution adjustment module 320 performs up or down sampling of each detected object 311 to match the desired resolution informed as parameter 202, [i.e., appearing at a second size within a range of the first size and at a second quality level within a range of the first quality level, as the first and second sizes and the first and second quality levels are matching the desired resolution informed as parameter 202]).
Bohn and Andalo are combinable because they are both concerned with video conferencing. Therefore, it would have been obvious to a person of ordinary skill in the art, to modify Bohn, to use the spatial resolution adjustment module 320, as though by Andalo, in order to perform up-sampling of each detected object 311, to match the desired resolution, (Andalo, Par. 0042)
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Bohn et al, (US-PGPUB 20170085790) in view of Gadnir et al, (US-PGPUB 20180098026)
Bohn obviously discloses limitations of claim 1.
Bohn does not expressly disclose wherein the first size and the second size are within a size range of each other, and wherein the first quality level and the second quality level are within a quality range of each other.
However, Gadnir discloses wherein the first size and the second size are within a size range of each other, and wherein the first quality level and the second quality level are within a quality range of each other, (see at least: Par. 0086, the participant monitor 252, when the selected object image is selected to replace a previously acquired image, acquires and digitally crops and/or zooms an image of the selected object from the digital image and optionally normalizes or resizes the selected object image so that all of the images for the different objects appear to be equally sized or spaced equidistant from the capture device, which the normalization may allow each of the facial images to be properly displayed within a viewport, [i.e., wherein the first size and the second size are within a size range of each other, “implicit by normalization or resizing so that all of the images for the different objects appear to be equally sized”, and wherein the first quality level and the second quality level are within a quality range of each other, “implicit by acquiring and digitally crops and/or zooms an image of the selected object from the digital image for each regions of conference participants]).
Bohn and Gadnir are combinable because they are both concerned with video conferencing. Therefore, it would have been obvious to a person of ordinary skill in the art, to modify Bohn, to resizes the selected object image to equally sized object’s appearance, and zooming an image of the selected object from the digital image for each region, as though by Gadnir, in order to allow for the presentation of facial images in standard sized viewports to the party receiving the videoconference, (Gadnir, Par. 0086).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Bohn et al, (US-PGPUB 20170085790) in view of Babkin et al, (US Patent 10999344)
Bohn obviously discloses limitations of claim 9.
Bohn does not expressly disclose updating the first normalized resolution and the second normalized resolution based on a detection of a new video capture device within the physical space.
However, Babkin discloses updating the first normalized resolution and the second normalized resolution based on a detection of a new video capture device within the physical space, (col. 5, lines 17-21, computing device (e.g., a server computing device) can receive a request from a client device for new video streams that reflect a change in speaking roles. In response, the server can generate updated video streams to match the changed speaking roles)
Bohn and Babkin are combinable because they are both concerned with video conferencing. Therefore, it would have been obvious to a person of ordinary skill in the art, to modify Andalo, to use the server computing device, as though by Babkin, in order to generate an updated video stream in response to the request from a client device for new video streams that reflect a change in speaking roles, (Babkin, col. 5, lines 17-21).
Claims 14 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Bohn et al, (US-PGPUB 20170085790) in view of Lindberg et al, (US Patent 8,832,193)
In regards to claim 14, Bohn obviously discloses limitations of claim 9.
Bohn does not expressly disclose wherein the first normalized resolution and the second normalized resolution are determined based on at least one of a room condition associated with the physical space, a network condition associated with the physical space, or a device constraint associated with the physical space.
Lindberg discloses wherein the first normalized resolution and the second normalized resolution are determined based on at least one of a room condition associated with the physical space, a network condition associated with the physical space, or a device constraint associated with the physical space, (see at least: col. 13, lines 41-63, adjusting the resolution based on detecting a room size associated with first location 120A, by the server device 101, “room condition associated with the physical space”)
Bohn and Lindberg are combinable because they are both concerned with video conferencing. Therefore, it would have been obvious to a person of ordinary skill in the art, to modify Bohn, to detecting a room size associated with first location 120A, as though by Lindberg, in order to adjust the resolution based on the room size, (Lindberg, see at least: col. 13, lines 41-44)
In regards to claim 18, Bohn obviously discloses limitations of claim 15.
Bohn does not expressly disclose wherein, to determine the first normalized resolution and the second normalized resolution, the processor is configured to execute the instructions to: determine a first distance between the first conference participant and the video capture device within the physical space; determine a second distance between the second conference participant and the video capture device within the physical space; and determine the first normalized resolution and the second normalized resolution based on a relationship between the first distance and the second distance.
However, Lindberg discloses determine a first distance between the first conference participant and the video capture device within the physical space; determine a second distance between the second conference participant and the video capture device within the physical space; and determine the first normalized resolution and the second normalized resolution based on a relationship between the first distance and the second distance, (see at least: col. 13, lines 17-63, the server device 101 may detect distance from the video camera of client device 102A to one or more of the participants at first location 120A, [i.e., implicitly detecting the first and second distances from the video camera of client device 102A to the first and second participants , respectively, within the physical space ], and the server device 101 may adjust one or both of the display size and the resolution of video stream 140A based on the detected conditions, [i.e., determining the normalized resolutions based on to the distance from the video camera of client device 102A to one or more of the participants at first location]).
Bohn and Lindberg are combinable because they are both concerned with video conferencing. Therefore, it would have been obvious to a person of ordinary skill in the art, to modify Bohn, to detect distance from the video camera of client device 102A to one or more of the participants at first location 120A, as though by Lindberg, in order to adjust one or both of the display size and the resolution of video stream 140A based on the detected distance to each participant, (Lindberg, see at least: col. 13, lines 41-44).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Bohn et al, (US-PGPUB 20170085790) in view of Nguyen, (US-PGPUB 2017/0236252)
Bohn obviously discloses limitations of claim 15.
Bohn does not expressly disclose determining the first and second regions of interest based on metadata obtained from the video capture device.
Nguyen discloses determining the first and second regions of interest based on metadata obtained from the video capture device, (see at least: Par., 0125, Areas of interest may be determined by movement in a scene, facial recognition, or may be determined by metadata accompanying high quality original video 18, [i.e., determining the first and second regions of interest based on metadata])
Bohn and Nguyen are combinable because they are both concerned with video conferencing. Therefore, it would have been obvious to a person of ordinary skill in the art, to modify Bohn, to determine the areas of interest based on metadata, as though by Nguyen, in order to accompany high quality original video, (Nguyen, Par. 0125)
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Bohn et al, (US-PGPUB 20170085790) in view of Goesnar et al, (US-PGPUB 2018/0063482)
Bohn obviously discloses limitations of claim 15.
Bohn does not expressly disclose evaluating candidate regions of interest within initial video streams obtained from multiple video capture devices within the physical space to determine to use at least one of the first region of interest or the second region of interest.
Goesnar discloses evaluating candidate regions of interest within initial video streams obtained from multiple video capture devices within the physical space to determine to use at least one of the first region of interest or the second region of interest, (see at least: Par. 0019-0021, evaluating candidate regions of interest within initial video streams obtained from multiple video capture devices within the physical space by performing the time-averaged filtered foreground mask, [i.e., evaluating candidate regions of interest … ], to define the one or more bounding boxes based on the averaged filtered foreground mask, to thereby compute the potential region of interest (ROI) defined by the bounding box, [i.e., using at least one of the first region of interest or the second region of interest]).
Bohn and Goesnar are combinable because they are both concerned with video conferencing. Therefore, it would have been obvious to a person of ordinary skill in the art, to modify Bohn, to define the one or more bounding boxes based on the averaged filtered foreground mask, as though by Goesnar, in order to compute the potential region of interest, (Goesnar, Par. 0021).
Allowable Subject Matter
Claim 13 is 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.
With respect to claim 13, the prior art of record, alone or in reasonable combination, does not teach or suggest, the following limitation(s), (in consideration of the claim as a whole):
“responsive to detecting a movement of the first conference participant affecting conformance of sizes and quality levels of the first and second conference participants within the first and second user interface tiles, outputting a message recommending that the first conference participant cease the movement”.
The relevant prior art of record, Bohn et al, (US-PGPUB 20170085790), discloses a method, (see Fig. 2), comprising:
determining a first normalized resolution for a first region of interest of an initial
video stream captured by a video capture device located within a physical space, wherein the first region of interest is associated with a first conference participant within the physical space; and determining a second normalized resolution for a second region of interest of the initial video stream, wherein the second region of interest is associated with a second conference participant within the physical space, (see at least: Fig. 2, steps 202-204, Par. 0025-0026, and Fig. 3, Par. 0027, “see the rejection of claim 1 above for more details”);
causing the video capture device to capture, at the first normalized resolution, a first video stream associated with the first region of interest for a first user interface tile of a conferencing software user interface associated with the first conference participant; and causing the video capture device to capture, at the second normalized resolution, a second video stream associated with the second region of interest for a second user interface tile of the conferencing software user interface associated with the second conference participant, (see at least: Fig. 5, Par. 0037, “see the rejection of claim 1 for more details”);
Bohn further discloses that the imaging system 500 further may adjust optical and illumination parameters for the higher-resolution image acquisition process differently for each region of interest, …. the imaging system 500 may adjust the higher-resolution, line-scan camera to have relatively less zoom and a shorter focal length in a first pass to obtain a higher-resolution image of region of interest 504A. Then, in another pass, the zoom and focal length may be increased to obtain a higher-resolution image for the region of interest 504B, (Par. 0038), [i.e., the first video stream associated with the first region of interest, is implicitly obtained at the first normalized resolution, and the second video stream associated with the second region of interest, is implicitly obtained at the second normalized resolution, based on adjusting the optical and illumination parameters for the higher-resolution image acquisition process, differently for each region of interest, “for the first region of interest and the second region of interest”]; and from Par. 0028, information obtained from the lower-resolution image data also may be used to adjust parameters for acquiring the higher-resolution image data of the regions of interest; and Par. 0049, visual representation may take the form of a graphical user interface (GUI), [which technically enables obtaining the first video stream and the second video stream, at different normalized resolutions, for each of the first user interface tile and the second user interface tile, “implicit by the region of interest 504A and 504B, as shown in Fig. 5”, of the conferencing software user interface, “graphical user interface (GUI)”, associated with the first and second conference participants]).
However, Bohn fails to teach or suggest, either alone or in combination with the other cited references, that responsive to detecting a movement of the first conference participant affecting conformance of sizes and quality levels of the first and second conference participants within the first and second user interface tiles, outputting a message recommending that the first conference participant cease the movement
A further prior art of record, Robinson et al, (US-PGPUB 2011/0085017) discloses detecting a movement of the plurality of conference participants, (see at least: Par. 0026, “tracking one or more head movements made by the participants, the video conference application); but fails to teach or suggest, either alone or in combination with the other cited references, the above limitations (as combined with the other claimed limitations).
Contact Information
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/AMARA ABDI/Primary Examiner, Art Unit 2668 07/31/2026
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