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 .
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 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.
DETAILED ACTION
Priority
This application claims priority to provisional application 63/580,588, filed September 5, 2023.
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 1-20 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. In particular the independent claims recite “the portion of the first image outside of the image region.” It is unclear how there is a portion of the image outside the image region. That is, the plurality of second images are an image themselves that constitute a portion of the first image and does not appear to encompass the entire first image – thus the use of the word portion.
Further, the claims recite “the plurality of second images to determine whether an object is identified within the plurality of image regions.” The use of “image regions” in this clause is indefinite due to the references to “an image region” and “plurality of image regions,” and it is unclear which “image regions” are referred to in the limitation.
For purposes of examination, the examiner interprets the claim as each of the second images creates a mask around a portion of the first image and substitutes reference pixels for portions outside the mask (the image region).
The examiner suggests that applicant find a different term than “image regions” to differentiate the different regions. Applicant can use terms such as “masked image region,” “second image region,” etc. to differentiate the various regions recited.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The closest prior art includes
US patent 8,983,179, Yu, which discloses a system that determines objects using a mask.
US 2023/0259587, Lin, which discloses a neural network system that uses a masking technique.
Neither art appears to disclose the use of the plurality of second images and substituting reference pixels that are disregarded by the image classification model as best understood by the examiner based on the interpretation of the claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ming Shui whose telephone number is (303)297-4247. The examiner can normally be reached on 7-5 Pacific Time, M-Th.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Greg Morse can be reached on 571-272-3838. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Ming Shui/
Primary Examiner, Art Unit 2663
Prosecution Insights