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 .
Response to Preliminary Amendment
In response to applicant’s preliminary amendment received on 8/21/24, all requested changes to the specification and claims have been entered. Claims 1-10 were previously pending. Claims 11-14 have been added. Claims 6-8 have been cancelled. Claims 1-5 and 9-14 are currently pending.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, 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 1-3, 5, 9-12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over US 2004/0081338 to Takenaka in view of US 2023/0252821 to Jia et al. (“Jia”).
Regarding claim 1, Takenaka discloses an image processing apparatus comprising:
at least one memory storing instructions (Fig. 1; paragraphs 27-29, wherein the computer necessarily stores instructions to implement the disclosed process), and
at least one processor configured to execute the instructions (Fig. 1; paragraphs 27-29, wherein the computer necessarily stores instructions to implement the disclosed process) to:
determine whether or not a predetermined target person is included in a captured image obtained by capturing an area within a predetermined range with respect to a gate (Figs. 3, 5; paragraphs 26, 29-32, wherein an image is captured within a predetermined range of an area/gate under surveillance and it is determined whether or not target persons are in the image using facial recognition);
specify a first area that is a face area of the target person Figs. 3, 5; paragraphs 26, 29-32, wherein if the face of the target person is matched then their face area in the image is specified with a marker and not subjected to abstraction); and
perform abstraction processing on an image area except for the specified specific area (Figs. 3, 5; paragraphs 26, 29-32, wherein the face areas of persons not matched are subjected to abstraction or mosaic processing).
Takenaka does not disclose expressly setting a designated part other than a face of a target person as a target part and then specify a second area that is an image area of the target part.
Jia discloses an image processing apparatus comprising:
at least one memory storing instructions (Fig. 8 and paragraph 122), and
at least one processor configured to execute the instructions (Fig. 8 and paragraph 122) to:
set a designated part other than a face of a target person as a target part (Fig. 2, elements S31 and 102, paragraphs 50, 52 and 73, wherein a hand region, for example, is set in advance as a designated part, other than a face of a target person, for gesture recognition and function control);
determine whether or not a predetermined target person is included in a captured image obtained by capturing an area within a predetermined range (Fig. 2, elements S20-S22; Fig. 4; paragraphs 69-72 and 88-94, wherein an image of a target is captured within range of a camera and it is determined if the face of the target person in the image matches that of a predetermined target person stored in a face database);
specify a first area that is a face area of the target person and a second area that is an image area of the target part as a specific area (Fig. 2, element S21, S31, 101 and 102; paragraphs 69-73, wherein the face and hand areas in the image are specified for further analysis).
Takenaka & Jia are combinable because they are from the same art of image processing, specifically related to facial image processing.
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to incorporate the technique of setting a designated part other than a face of a target person as a target part and then specify a second area that is an image area of the target part, as taught by Jia, into the target person image processing disclosed by Takenaka.
The suggestion/motivation for doing so would have been to provide convenient and effective human-computer interaction (Jia, paragraph 01-03).
Therefore, it would have been obvious to combine Jia with Takenaka to obtain the invention as specified in claim 1.
Regarding claim 2, the combination of Takenaka and Jia discloses the image processing apparatus according to claim 1, wherein the target part includes at least one of a body part of the target person except for the face, baggage possessed by the target person, and decorative articles worn by the target person (The Examiner understands, based on the disclosure, the limitation to list the parts as alternatives such as “at least one of a body part…baggage, OR decorative articles. As opposed to the literally meaning (i.e. at least one body part…at least one baggage…AND at least one decorative article). As such Jia, Fig. 2, elements S31 and 102, paragraphs 50, 52 and 73, wherein a hand region, for example, is set in advance as a designated target part).
Regarding claim 3, the combination of Takenaka and Jia discloses the image processing apparatus according to claim 2, wherein at least one processor configured to execute the instructions to detect the second area based on a specified position of the face area of the target person and a type of the target part (Jia, Fig. 5; paragraphs 99-104, wherein the hand region is detected based in it being of the body part type and its position relative to other body parts including the face).
Regarding claim 5, the combination of Takenaka and Jia discloses the image processing apparatus according to claim 1, wherein at least one processor configured to execute the instructions to specify, as a specific area, the first area and the second area within a predetermined period with respect to a time at which the target person is estimated to enter the gate or a time at which the target person is estimated to exit (Jia, fig. 6 and paragraphs 106-112, wherein specify the hand and face regions in subsequent iterations is performed until a predetermined period of time when a target face or gesture is not recognized, corresponding to the person exiting).
Claim 9 recites substantially similar limitations to those of claim 1 and is therefore rejected for the same reasoning indicated above with regards to claim 1.
Claim 10 recites substantially similar limitations to those of claim 1 and is therefore rejected for the same reasoning indicated above with regards to claim 1. Additionally, bot Takenaka (Fig. 1; paragraphs 27-29) and Jia (Fig. 8 and paragraph 122) discloses a non-transitory computer-readable medium storing a program for causing a computer to implement the functions.
Claims 11, 12 and 14, recites substantially similar limitations to those of claims 2, 3 and 5, respectively. Therefore claims 11, 12 and 14 are rejected for the same reasoning indicated above with regards to claims 2, 3 and 5, respectively.
Claims 4 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over US 2004/0081338 to Takenaka in view of US 2023/0252821 to Jia et al. (“Jia”) in further view of US 2005/0205668 to Sogo.
Regarding claim 4, the combination of Takenaka and Jia discloses the image processing apparatus according to claim 1.
The combination Takenaka and Jia does not disclose expressly wherein the target part includes a reading unit installed at the gate.
Sogo discloses an image processing apparatus including capturing an image of area that includes a target person and reading unit installed at a gate (Figs. 1 and 6; paragraphs 78-87, 126-129, wherein capturing an image of the target person while approaching the gate and touch the card to the card reading unit).
Takenaka, Jia & Sogo are combinable because they are from the same art of image processing.
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to incorporate the technique of including a reading unit installed at a gate as a target part, as taught by Sogo, into the processing apparatus disclosed by the combination of Takenaka and Jia.
The suggestion/motivation for doing so would have been prevent abuse of a gate system (Sogo, paragraph 24).
Therefore, it would have been obvious to combine Sogo with Takenaka and Jia to obtain the invention as specified in claim 4.
Claim 13 recites substantially similar limitations to those of claim 4 and is therefore rejected for the same reasoning indicated above with regards to claim 4.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON W CARTER whose telephone number is (571)272-7445. The examiner can normally be reached 8am - 5pm (Mon - Fri).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Villecco can be reached at (571) 272-7319. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AARON W CARTER/Primary Examiner, Art Unit 2661
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