DETAILED ACTION
Claims 1-20 are currently pending and have been examined in this application. This communication is the first action on the merits.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 8/30/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 101
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
The claims are either directed to a method or an apparatus, which is one of the statutory categories of invention. (Step 1: YES) The examiner has identified claim 1, which substantially includes all the limitations of claims 9 and 10, as the claim that represents the claimed invention for analysis. The independent claim 1 recites the following limitations (bolded text corresponds to the abstract idea):
A route computation apparatus comprising: at least one memory configured to store one or more instructions; and at least one processor configured to execute the one or more instructions to:
acquire an image photographed by a camera installed at each of a plurality of observation points on a passageway;
determine an attribute of a passerby included in the image;
compute, based on a determination result on the attribute, a trend of an attribute of a passerby passing each of a plurality of the observation points; and
compute, based on the trend, a traffic route suitable for a passerby with the predetermined attribute.
Under its broadest reasonable interpretations, this apparatus is computing a trend of an attribute of a passerby passing each of a plurality of the observation points and computing based on the trend, a traffic route suitable for a passerby with the predetermined attribute. If the broadest reasonable interpretation of a claim limitations entails performance in the human mind, then it falls within the mental processes grouping of abstract ideas. Therefore, the claim recites an abstract idea. (Step 2A-Prong 1: Yes. The claims are abstract.)
This judicial exception is not integrated into a practical application. Limitations that are not indicative of integration into a practical application include: (1) Adding the words "apply it" (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea (MPEP 2106.05.f), (2) Adding insignificant extra-solution activity to the judicial exception (MPEP 2106.05.g), (3) Generally linking the use of the judicial exception to a particular technological environment or field of use (MPEP 2106.05.h).
In particular, the claims recite additional elements of acquiring an image photographed by a camera and determining an attribute of a passerby included in the image. The steps of acquiring an image photographed by a camera and determining an attribute of a passerby included in the image are recited at a high level of generality and do not comprise any of the above additional elements that individually or in combination, have integrated the judicial exception into a practical application. Specifically, the steps of acquiring an image photographed by a camera and determining an attribute of a passerby included in the image constitute mere data gathering and is insignificant extra-solution activity. There are no additional elements that apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment. (Step 2A-Prong 2: No. The additional claimed elements are not integrated into a practical application.)
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when considered separately and as an ordered combination, they do not add significantly more (also known as an "inventive concept") to the exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements amounts to no more than generally linking the use of the judicial exception to a particular technological environment or field of use. The additional elements claimed amount to insignificant extra-solution activities. See 2106.05(g) for more details. Generally linking the use of the judicial exception to a particular technological environment or field of use, cannot provide an inventive concept-rendering the claim patent ineligible. Thus claim 1 and similarly other independent claims are not patent eligible. (Step 2B: NO. The claims do not provide significantly more)
The dependent claims further define the abstract idea that is present in their respective independent claims and hence are abstract for at least the reasons presented above. The dependent claims do not include any additional elements that integrate the abstract idea into a practical application or are sufficient to amount to significantly more than the judicial exception when considered both individually and as an ordered combination. Therefore, the dependent claims are directed to an abstract idea. Thus, the aforementioned claims are not patent-eligible.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fukazawa (JP2020024117).
Claim 1.
Fukazawa teaches the following limitations:
A route computation apparatus comprising: at least one memory configured to store one or more instructions; and at least one processor configured to execute the one or more instructions to: (Fukazawa – [0027] Referring to FIG. 2, the device according to this embodiment includes a bus 801, a CPU (Central Processing Unit) 803, a ROM (Read Only Memory) 805, a RAM (Random Access Memory) 807)
acquire an image photographed by a camera installed at each of a plurality of observation points on a passageway; (Fukazawa – [0039] The data on behavior and biological reactions may be, for example, moving behavior within a station measured by a camera, image data including facial expressions and body posture, and voice data measured by a microphone. [0057] However, data (video) may be constantly input from all the on-premises cameras 200 to the exceptional person tracking unit 133)
determine an attribute of a passerby included in the image; (Fukazawa – [0012] The information management server may include an exception group appearance characteristic information generating unit that generates a representative value of the appearance characteristic information of the plurality of exception individuals corresponding to each of the plurality of pieces of travel route information.)
compute, based on a determination result on the attribute, a trend of an attribute of a passerby passing each of a plurality of the observation points; and (Fukazawa – [0041] The indoor camera 200 may not only perform measurements but also perform pre-processing, feature extraction processing, and analysis processing including estimation, and the control unit 230 may perform the various calculation processes in this case. [0083] In this way, even if multiple events that attract customers happen to be held on the same date and time, it is highly likely that the attributes of the participants (users 900) at each event will be different, so it is considered useful to generate representative information for each travel route and provide it to user 910.)
compute, based on the trend, a traffic route suitable for a passerby with the predetermined attribute. (Fukazawa – [0082] Therefore, if information representative of the external characteristics of the group of users 900 is also presented for each travel route, user 910 may be able to determine which station entrance/exit is appropriate for him/her to head to.)
Claim 2.
Fukazawa teaches the following limitations:
The route computation apparatus according to claim 1, wherein the at least one processor is further configured to execute the one or more instructions to accept a user input of specifying the attribute, (Fukazawa – [0061] The information presentation terminal 300 communicates with the information management server 100 to request the special person route information in response to an input from the user 910, and presents the acquired special person route information)
and compute a traffic route suitable for a passerby with the attribute specified by the user input. (Fukazawa – [0099] The calculation process of these measurement indices may be performed within the information presentation terminal 300 by the control unit 330, or may be performed within the information management server 100 by transmitting raw measurement data from the information presentation terminal 300 to the information management server 100. [0082] Therefore, if information representative of the external characteristics of the group of users 900 is also presented for each travel route, user 910 may be able to determine which station entrance/exit is appropriate for him/her to head to.
Claim 3.
Fukazawa teaches the following limitations:
The route computation apparatus according to claim 1, wherein the attribute includes at least one of gender, an age group, physical build, a content of belongings, transportation means, and presence or absence of a companion. (Fukazawa – [0085] First, regarding generating representative appearance characteristic information from the appearance characteristic information of multiple users 900, since appearance characteristic information is often a qualitative variable (for example, gender, type of clothing, type of behavior, etc.))
Claim 4.
Fukazawa teaches the following limitations:
The route computation apparatus according to claim 1,wherein the at least one processor is further configured to execute the one or more instructions to determine a characteristic of timing that the image is photographed, (Fukazawa – [0077] In step S1117, the information management server 100 performs an exceptional person group flow information management process in which the data of the person tracking information is linked with time information and stored as one piece of exceptional person route information)
compute a trend of an attribute of a passerby passing each of a plurality of the observation points, in a case where each of a plurality of conditions defined by the characteristic is satisfied, and compute a traffic route suitable for a passerby with the predetermined attribute in a predetermined condition. (Fukazawa – [0099] The calculation process of these measurement indices may be performed within the information presentation terminal 300 by the control unit 330, or may be performed within the information management server 100 by transmitting raw measurement data from the information presentation terminal 300 to the information management server 100. [0082] Therefore, if information representative of the external characteristics of the group of users 900 is also presented for each travel route, user 910 may be able to determine which station entrance/exit is appropriate for him/her to head to.)
Claim 5.
Fukazawa teaches the following limitations:
The route computation apparatus according to claim 4, wherein the at least one processor is further configured to execute the one or more instructions to accept a user input of specifying the attribute and the condition, and compute a traffic route suitable for a passerby with the attribute specified by the user input in the condition specified by the user input. (Fukazawa – [0061] The information presentation terminal 300 communicates with the information management server 100 to request the special person route information in response to an input from the user 910, and presents the acquired special person route information; [0099] The calculation process of these measurement indices may be performed within the information presentation terminal 300 by the control unit 330, or may be performed within the information management server 100 by transmitting raw measurement data from the information presentation terminal 300 to the information management server 100. [0082] Therefore, if information representative of the external characteristics of the group of users 900 is also presented for each travel route, user 910 may be able to determine which station entrance/exit is appropriate for him/her to head to.
Claim 6.
Fukazawa teaches the following limitations:
The route computation apparatus according to claim 4, wherein the characteristic includes at least one of a time period, the day of week, a month, weather, and a season. (Fukazawa – [0067] For example, if user 910 gets off at a station at 9:00 AM, he or she may issue an instruction to request only the special passenger route information generated during the one hour period from 8:00 AM to 9:00 AM that day, or may request only the special passenger route information generated during the 30 minutes from 8:15 AM to 8:45 AM.)
Claim 7.
Fukazawa teaches the following limitations:
The route computation apparatus according to claim 1, wherein the at least one processor is further configured to execute the one or more instructions to cause an output apparatus installed on the passageway to output information indicating whether passing an installed point is suitable for passing of a passerby with the predetermined attribute. (Fukazawa – [0093] For example, a user using an information communication system according to an embodiment of the present invention can use an information display terminal such as a smartphone at the nearest station to the venue of a desired event to find out information such as the number of other users and their direction of movement who are likely to be heading to the venue of the event, making it possible to easily find the most suitable station entrance /exit even if the user is visiting the station for the first time.)
Claim 8.
Fukazawa teaches the following limitations:
The route computation apparatus according to claim 7, wherein the at least one processor is further configured to execute the one or more instructions to determine, based on an image generated by a camera for photographing a vicinity of the output apparatus, a first attribute being the attribute of a passerby present at the time at a point where the output apparatus is installed, and cause the output apparatus to output information indicating whether passing an installed point is suitable for passing of a passerby with the first attribute. (Fukazawa – [0093] For example, a user using an information communication system according to an embodiment of the present invention can use an information display terminal such as a smartphone at the nearest station to the venue of a desired event to find out information such as the number of other users and their direction of movement who are likely to be heading to the venue of the event, making it possible to easily find the most suitable station entrance /exit even if the user is visiting the station for the first time.)
Claim 9.
Fukazawa teaches the following limitations:
A route computation method comprising :acquiring an image photographed by a camera installed at each of a plurality of observation points on a passageway; (Fukazawa – [0039] The data on behavior and biological reactions may be, for example, moving behavior within a station measured by a camera, image data including facial expressions and body posture, and voice data measured by a microphone. [0057] However, data (video) may be constantly input from all the on-premises cameras 200 to the exceptional person tracking unit 133)
determining an attribute of a passerby included in the image; (Fukazawa – [0012] The information management server may include an exception group appearance characteristic information generating unit that generates a representative value of the appearance characteristic information of the plurality of exception individuals corresponding to each of the plurality of pieces of travel route information.)
computing, based on a determination result on the attribute, a trend of an attribute of a passerby passing each of a plurality of the observation points; and (Fukazawa – [0041] The indoor camera 200 may not only perform measurements but also perform pre-processing, feature extraction processing, and analysis processing including estimation, and the control unit 230 may perform the various calculation processes in this case. [0083] In this way, even if multiple events that attract customers happen to be held on the same date and time, it is highly likely that the attributes of the participants (users 900) at each event will be different, so it is considered useful to generate representative information for each travel route and provide it to user 910.)
computing, based on the trend, a traffic route suitable for a passerby with the predetermined attribute.
(Fukazawa – [0082] Therefore, if information representative of the external characteristics of the group of users 900 is also presented for each travel route, user 910 may be able to determine which station entrance/exit is appropriate for him/her to head to.)
Claim 10.
Fukazawa teaches the following limitations:
A non-transitory storage medium (Fukazawa – [0030] The storage device 809 may be, for example, a magnetic storage device such as a hard disk, or may be a nonvolatile memory such as an EEPROM (Electrically Erasable and Programmable Read Only Memory), a flash memory, an MRAM (Magnetoresistive Random Access Memory), an FeRAM (Ferroelectric Random Access Memory), or a PRAM (Phase change Random Access Memory)
storing a program causing a computer to acquire an image photographed by a camera installed at each of a plurality of observation points on a passageway; (Fukazawa – [0039] The data on behavior and biological reactions may be, for example, moving behavior within a station measured by a camera, image data including facial expressions and body posture, and voice data measured by a microphone. [0057] However, data (video) may be constantly input from all the on-premises cameras 200 to the exceptional person tracking unit 133)
determine an attribute of a passerby included in the image; (Fukazawa – [0012] The information management server may include an exception group appearance characteristic information generating unit that generates a representative value of the appearance characteristic information of the plurality of exception individuals corresponding to each of the plurality of pieces of travel route information.)
compute, based on a determination result on the attribute, a trend of an attribute of a passerby passing each of a plurality of the observation points; and (Fukazawa – [0041] The indoor camera 200 may not only perform measurements but also perform pre-processing, feature extraction processing, and analysis processing including estimation, and the control unit 230 may perform the various calculation processes in this case. [0083] In this way, even if multiple events that attract customers happen to be held on the same date and time, it is highly likely that the attributes of the participants (users 900) at each event will be different, so it is considered useful to generate representative information for each travel route and provide it to user 910.)
compute, based on the trend, a traffic route suitable for a passerby with the predetermined attribute. (Fukazawa – [0082] Therefore, if information representative of the external characteristics of the group of users 900 is also presented for each travel route, user 910 may be able to determine which station entrance/exit is appropriate for him/her to head to.)
Claim 11.
Fukazawa teaches the following limitations:
The route computation method according to claim 9, further comprising: accepting a user input of specifying the attribute; (Fukazawa – [0061] The information presentation terminal 300 communicates with the information management server 100 to request the special person route information in response to an input from the user 910, and presents the acquired special person route information)
and computing a traffic route suitable for a passerby with the attribute specified by the user input. (Fukazawa – [0099] The calculation process of these measurement indices may be performed within the information presentation terminal 300 by the control unit 330, or may be performed within the information management server 100 by transmitting raw measurement data from the information presentation terminal 300 to the information management server 100. [0082] Therefore, if information representative of the external characteristics of the group of users 900 is also presented for each travel route, user 910 may be able to determine which station entrance/exit is appropriate for him/her to head to.
Claim 12.
Fukazawa teaches the following limitations:
The route computation method according to claim 9, wherein the attribute includes at least one of gender, an age group, physical build, a content of belongings, transportation means, and presence or absence of a companion. (Fukazawa – [0085] First, regarding generating representative appearance characteristic information from the appearance characteristic information of multiple users 900, since appearance characteristic information is often a qualitative variable (for example, gender, type of clothing, type of behavior, etc.))
Claim 13.
Fukazawa teaches the following limitations:
The route computation method according to claim 9, further comprising: determining a characteristic of timing that the image is photographed, (Fukazawa – [0077] In step S1117, the information management server 100 performs an exceptional person group flow information management process in which the data of the person tracking information is linked with time information and stored as one piece of exceptional person route information)
computing a trend of an attribute of a passerby passing each of a plurality of the observation points, in a case where each of a plurality of conditions defined by the characteristic is satisfied, and computing a traffic route suitable for a passerby with the predetermined attribute in a predetermined condition. (Fukazawa – [0099] The calculation process of these measurement indices may be performed within the information presentation terminal 300 by the control unit 330, or may be performed within the information management server 100 by transmitting raw measurement data from the information presentation terminal 300 to the information management server 100. [0082] Therefore, if information representative of the external characteristics of the group of users 900 is also presented for each travel route, user 910 may be able to determine which station entrance/exit is appropriate for him/her to head to.)
Claim 14.
Fukazawa teaches the following limitations:
The route computation method according to claim 13, further comprising: accepting a user input of specifying the attribute and the condition; and computing a traffic route suitable for a passerby with the attribute specified by the user input in the condition specified by the user input. (Fukazawa – [0061] The information presentation terminal 300 communicates with the information management server 100 to request the special person route information in response to an input from the user 910, and presents the acquired special person route information; [0099] The calculation process of these measurement indices may be performed within the information presentation terminal 300 by the control unit 330, or may be performed within the information management server 100 by transmitting raw measurement data from the information presentation terminal 300 to the information management server 100. [0082] Therefore, if information representative of the external characteristics of the group of users 900 is also presented for each travel route, user 910 may be able to determine which station entrance/exit is appropriate for him/her to head to.
Claim 15.
Fukazawa teaches the following limitations:
The route computation method according to claim 13, wherein the characteristic includes at least one of a time period, the day of week, a month, weather, and a season. (Fukazawa – [0067] For example, if user 910 gets off at a station at 9:00 AM, he or she may issue an instruction to request only the special passenger route information generated during the one hour period from 8:00 AM to 9:00 AM that day, or may request only the special passenger route information generated during the 30 minutes from 8:15 AM to 8:45 AM.)
Claim 16.
Fukazawa teaches the following limitations:
The non-transitory storage medium according to claim 10, wherein the program causing the computer to accept a user input of specifying the attribute, and compute a traffic route suitable for a passerby with the attribute specified by the user input. (Fukazawa – [0093] For example, a user using an information communication system according to an embodiment of the present invention can use an information display terminal such as a smartphone at the nearest station to the venue of a desired event to find out information such as the number of other users and their direction of movement who are likely to be heading to the venue of the event, making it possible to easily find the most suitable station entrance /exit even if the user is visiting the station for the first time.)
Claim 17.
Fukazawa teaches the following limitations:
The non-transitory storage medium according to claim 10, wherein the attribute includes at least one of gender, an age group, physical build, a content of belongings, transportation means, and presence or absence of a companion. (Fukazawa – [0085] First, regarding generating representative appearance characteristic information from the appearance characteristic information of multiple users 900, since appearance characteristic information is often a qualitative variable (for example, gender, type of clothing, type of behavior, etc.))
Claim 18.
Fukazawa teaches the following limitations:
The non-transitory storage medium according to claim 10, wherein the program causing the computer to determine a characteristic of timing that the image is photographed, (Fukazawa – [0077] In step S1117, the information management server 100 performs an exceptional person group flow information management process in which the data of the person tracking information is linked with time information and stored as one piece of exceptional person route information)
compute a trend of an attribute of a passerby passing each of a plurality of the observation points, in a case where each of a plurality of conditions defined by the characteristic is satisfied, and compute a traffic route suitable for a passerby with the predetermined attribute in a predetermined condition. (Fukazawa – [0099] The calculation process of these measurement indices may be performed within the information presentation terminal 300 by the control unit 330, or may be performed within the information management server 100 by transmitting raw measurement data from the information presentation terminal 300 to the information management server 100. [0082] Therefore, if information representative of the external characteristics of the group of users 900 is also presented for each travel route, user 910 may be able to determine which station entrance/exit is appropriate for him/her to head to.)
Claim 19.
Fukazawa teaches the following limitations:
The non-transitory storage medium according to claim 18, wherein the program causing the computer to accept a user input of specifying the attribute and the condition, and compute a traffic route suitable for a passerby with the attribute specified by the user input in the condition specified by the user input. (Fukazawa – [0093] For example, a user using an information communication system according to an embodiment of the present invention can use an information display terminal such as a smartphone at the nearest station to the venue of a desired event to find out information such as the number of other users and their direction of movement who are likely to be heading to the venue of the event, making it possible to easily find the most suitable station entrance /exit even if the user is visiting the station for the first time.)
Claim 20.
Fukazawa teaches the following limitations:
The non-transitory storage medium according to claim 18, wherein the characteristic includes at least one of a time period, the day of week, a month, weather, and a season. (Fukazawa – [0067] For example, if user 910 gets off at a station at 9:00 AM, he or she may issue an instruction to request only the special passenger route information generated during the one hour period from 8:00 AM to 9:00 AM that day, or may request only the special passenger route information generated during the 30 minutes from 8:15 AM to 8:45 AM.)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VINCENT FENG whose telephone number is (703)756-4715. The examiner can normally be reached M-F 8:00AM - 5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NAVID MEHDIZADEH can be reached on (571) 272-7691. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VINCENT FENG/Examiner, Art Unit 3669
/NAVID Z. MEHDIZADEH/Supervisory Patent Examiner, Art Unit 3669