CTNF 18/845,489 CTNF 88824 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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(s) (IDS) was/were submitted on 10 September 2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the examiner. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 Claims 2-4, 14-17, and 18-20 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. Claims 2-4, 14-17, and 18-20 recites the limitation "a type" in line 4, “a position” in line 4, “a time length” in line 5, “a time” in line 6, “a certainty factor” and “a detection result” in line 7. The claims from which they depend previously present those limitations and their antecedent basis in the claims. It may be unclear (and therefore indefinite) if they are the same limitations previously disclosed or new limitations. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 person shall be entitled to a patent unless – 07-08-aia AIA (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. 07-15-aia AIA Claim(s) 1-3, 7-15, and 18-19 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Senda (US 2022/0343673 A1) . Regarding Claims 1-3, 12-15, and 18-19 , Senda discloses an apparatus performing a method via CRM, the processing method comprising, by a computer: detecting that a target person captured in an image capturing a person in a facility performs any of a plurality of detection target actions [Senda: ¶ [0047] Furthermore, the information processing system 1 of the present example embodiment detects a person who may be a person requiring assistance from among the users U, and notifies an attendant S of an alarm indicating the detection. A person requiring assistance is a person who needs assistance of others in performing an act, such as a wheelchair user who uses a wheelchair, a child, or the like] ; determining a notification destination [Senda: ¶ [0126]: the management server 10 can identify the user terminal carried by the candidate for person requiring assistance who is to be the notification destination of the alarm, based on the position information or the like transmitted from the application executed in the user terminal] , based on at least one [two or three] of a type of the detected detection target action [Senda: ¶ [0061] FIG. 4 is a diagram illustrating an example of information stored in the operation information DB 13. The operation information DB 13 uses the token ID, a passenger name, a reservation number, a departure place, a destination place, an airline code, a flight number, an operation date, a seat number, nationality, a passport number, surname, first name, date of birth, sex, a flag of person requiring assistance, and a type of person requiring assistance as data items] , a position where the detected detection target action is performed [Senda: ¶ [0104] Next, the management server 10 notifies the attendant terminal 25 via the network NW of an alarm indicating that the candidate for person requiring assistance has been detected (step S1404). The alarm may include, for example, the position, the terminal ID, and the like of the check-in terminal 20 at which the candidate for person requiring assistance is detected; and ¶ [0126]: For example, the management server 10 can also notify a user terminal, which is a portable terminal carried and used by the user U detected as the candidate for person requiring assistance, of the alarm. In this case, the management server 10 can identify the user terminal carried by the candidate for person requiring assistance who is to be the notification destination of the alarm, based on the position information or the like transmitted from the application executed in the user terminal. Note that, when the alarm is sent to the signage terminal or the user terminal for the user U, information including guidance information (for example, information indicating the position of the wheelchair slope) can be sent as the alarm] , a time length for which the detected detection target action is performed [Senda: ¶ [0060] FIG. 3 is a diagram illustrating an example of information stored in the passing history information DB 12. The passing history information DB 12 uses a passing history ID, the token ID, a passing time, a device name, a business system type, and a passing touch point as data items. The passing history ID is an identifier for uniquely identifying passing history information. The passing time is a time stamp when the touch point is passed] , a time at which the detected detection target action is performed [Senda: ¶ [0065]: The detection time is the time when the face image of the candidate for person requiring assistance is detected. When the management server 10 detects a candidate for person requiring assistance, the management server 10 registers the candidate for person requiring assistance information in the candidate for person requiring assistance information DB 15 until the attendant S confirms whether the candidate for person requiring assistance is a person requiring assistance or not] , and a certainty factor of a detection result; and notifying the determined notification destination of detection of the detection target action [Senda: ¶ [0126]] . Regarding Claim 7 , Senda discloses all the limitations of Claim 1, and is analyzed as previously discussed with respect to that claim. Furthermore, Senda discloses wherein the detection target action includes at least one of talking on a mobile phone, an action of operating an ATM while talking on a mobile phone, moving using a wheelchair [Senda: ¶ [0047] Furthermore, the information processing system 1 of the present example embodiment detects a person who may be a person requiring assistance from among the users U, and notifies an attendant S of an alarm indicating the detection. A person requiring assistance is a person who needs assistance of others in performing an act, such as a wheelchair user who uses a wheelchair] , moving using a white cane, and an action of showing an interest in a predetermined material placed in the facility. Regarding Claim 8 , Senda discloses all the limitations of Claim 1, and is analyzed as previously discussed with respect to that claim. Furthermore, Senda discloses wherein the notification destination includes at least one of a terminal for a worker of the facility, a security terminal, a terminal for an administrator who manages the processing apparatus, a terminal for a visitor that is installed in the facility and outputs information toward a person in the facility, and a terminal for a provider that has provided the processing apparatus [Senda: ¶ [0104] Next, the management server 10 notifies the attendant terminal 25 via the network NW of an alarm indicating that the candidate for person requiring assistance has been detected (step S1404). The alarm may include, for example, the position, the terminal ID, and the like of the check-in terminal 20 at which the candidate for person requiring assistance is detected. Based on the current position of each attendant terminal 25 registered in the attendant terminal information DB 14, the management server 10 can limit the attendant terminal 25 to which the alarm is notified to one or more attendant terminals 25 having a predetermined positional relationship with the position of the check-in terminal 20 at which the candidate requiring assistance is detected. For example, the management server 10 can limit the attendant terminal 25 for notifying the alarm to the attendant terminal 25 located within a predetermined distance from the position of the check-in terminal 20 at which the candidate for person requiring assistance is detected. For example, the management server 10 may limit the attendant terminal 25 for notifying the alarm to the attendant terminal 25 located at a position where the check-in terminal 20 at which the candidate for person requiring assistance is detected can be seen or at a position where the check-in terminal 20 at which the candidate for person requiring assistance is detected can be seen by moving slightly. Thus, the management server 10 can notify an alarm to the specific attendant terminal 25 among the plurality of attendant terminals 25] . Regarding Claim 9 , Senda discloses all the limitations of Claim 1, and is analyzed as previously discussed with respect to that claim. Furthermore, Senda discloses wherein the at least one processor is further configured to execute the one or more instructions to determine an additional notification content to be notified in addition to detection of the detection target action [Senda: FIG. 17] , based on at least one of a type of the detected detection target action, a position where the detected detection target action is performed, a time length for which the detected detection target action is performed, a time at which the detected detection target action is performed [Senda: various as cited above] , and a certainty factor of a detection result, and notify the determined notification destination of the determined additional notification content [Senda: ¶ [0126]] . Regarding Claim 10 , Senda discloses all the limitations of Claim 9, and is analyzed as previously discussed with respect to that claim. Furthermore, Senda discloses wherein the additional notification content includes at least one of the image capturing a scene in which the detected detection target action is performed [Senda: FIG. 10] , information indicating a basis for deciding that the detection target action is performed [Senda: FIG. 17] , age of a person whose action is detected as the detection target action [Senda: ¶ [0047]: The age range of a child to be treated as a person requiring assistance may be set to a prescribed age range according to the contents of procedures] , gender of a person whose action is detected as the detection target action [Senda: ¶ [0061] FIG. 4 is a diagram illustrating an example of information stored in the operation information DB 13. The operation information DB 13 uses the token ID, a passenger name, a reservation number, a departure place, a destination place, an airline code, a flight number, an operation date, a seat number, nationality, a passport number, surname, first name, date of birth, sex, a flag of person requiring assistance, and a type of person requiring assistance as data items. In this manner, the operation information DB 13 stores operation information related to a predetermined operation for each token ID. In the present example embodiment, “prescribed operation” means procedural operation performed at touch points P1 to P5, respectively] , an external appearance feature of a person whose action is detected as the detection target action [Senda: FIG. 10] , whether a person whose action is detected as the detection target action has a companion, information indicating a content of a past transaction by a person whose action is detected as the detection target action [Senda: ¶ [0211]: the operations in the present example embodiment include operations involving commercial transactions within the theme park TP. Therefore, the operation information includes payment information such as a credit card number. The management server 10 and the automated gate apparatus 50 can control entry and exit of the user U based on face authentication even for the user U whose payment information is not registered] , and a current position of a person whose action is detected as the detection target action [Senda: ¶ [0104] Next, the management server 10 notifies the attendant terminal 25 via the network NW of an alarm indicating that the candidate for person requiring assistance has been detected (step S1404). The alarm may include, for example, the position, the terminal ID, and the like of the check-in terminal 20 at which the candidate for person requiring assistance is detected; and ¶ [0126]: For example, the management server 10 can also notify a user terminal, which is a portable terminal carried and used by the user U detected as the candidate for person requiring assistance, of the alarm. In this case, the management server 10 can identify the user terminal carried by the candidate for person requiring assistance who is to be the notification destination of the alarm, based on the position information or the like transmitted from the application executed in the user terminal. Note that, when the alarm is sent to the signage terminal or the user terminal for the user U, information including guidance information (for example, information indicating the position of the wheelchair slope) can be sent as the alarm] . Regarding Claim 11 , Senda discloses all the limitations of Claim 9, and is analyzed as previously discussed with respect to that claim. Furthermore, Senda discloses wherein the at least one processor is further configured to execute the one or more instructions to determine the additional notification content for each of the notification destinations [Senda: [0068] The CPU 101 is a processor that performs a predetermined operation according to a program stored in the storage device 103 and has a function of controlling each part of the management server 10] . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 07-22-aia AIA Claim (s) 4, 16, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Senda as applied to claim s 1 and 12 above, and further in view of Okazaki et al. (US 2023/0267741 A1) . Regarding Claims 4, 16, and 20 , Senda disclose(s) all the limitations of Claims 1, 12, and 13, respectively, and is/are analyzed as previously discussed with respect to those claims. Furthermore, Senda discloses wherein the computer determines the notification destination [Senda: ¶ [0126]] , based on a type of the detected detection target action [Senda: ¶ [0061]] , a position where the detected detection target action is performed [Senda: ¶ [0104]; and ¶ [0126]] , a time length for which the detected detection target action is performed [Senda: ¶ [0060]] , a time at which the detected detection target action is performed [Senda: ¶ [0065] . Senda may not explicitly disclose a certainty factor of a detection result. However, Okazaki discloses a certainty factor of a detection result [Okazaki: ¶ [0006]: a detection result from the data acquired by the edge device such as the imaging apparatus is only made easy to search for the object using the certainty factor of the detection result] . It would have been obvious to one having ordinary skill in the art before the effective filing date to combine the process of Senda with the measured variable of Okazaki in order to improve operations (see, Okazaki: ¶ [0006]) . 07-22-aia AIA Claim( s) 5-6 and 17 i s/are rejected under 35 U.S.C. 103 as being unpatentable over S enda a s applied to claims 1 and 12 a bove, and further in view of T usch et al. (US 2021/0279475 A1). R egarding Claims 5 and 17 , Senda disclose(s) all the limitations of Claims 1 and 12, respectively, and is/are analyzed as previously discussed with respect to those claims. Furthermore, Senda discloses the computer acquires operation information indicating a content of operation on [terminal], and determines a notification destination for detection of the detection target action, further based on the operation information [Senda: ¶ [0061] FIG. 4 is a diagram illustrating an example of information stored in the operation information DB 13. The operation information DB 13 uses the token ID, a passenger name, a reservation number, a departure place, a destination place, an airline code, a flight number, an operation date, a seat number, nationality, a passport number, surname, first name, date of birth, sex, a flag of person requiring assistance, and a type of person requiring assistance as data items. In this manner, the operation information DB 13 stores operation information related to a predetermined operation for each token ID. In the present example embodiment, “prescribed operation” means procedural operation performed at touch points P1 to P5, respectively] . Senda may not explicitly disclose wherein an automatic teller machine (ATM) is installed in the facility, the image includes an image capturing a user of an ATM. However, Tusch discloses wherein an automatic teller machine (ATM) is installed in the facility, the image includes an image capturing a user of an ATM [Tusch: ¶ [1050] Automatic Teller Machines: Security & Protection for both machine and users—Any unusual behaviour at an ATM machine can be captured and recorded and subsequent transactions monitored e.g. for repetitive patterns of one person using multiple cards to take money out, or a person loitering with face pointing towards keypad while other users are entering their pin number, or unusual behaviour as someone physically tires to interfere with the ATM machine] . It would have been obvious to one having ordinary skill in the art before the effective filing date to combine the process of Senda with the intended use of Tusch in order to provide improved situational awareness to operators in specific situations. Regarding Claim 6 , Senda in view of Tusch disclose(s) all the limitations of Claim 5, and is/are analyzed as previously discussed with respect to that claim. Furthermore, Senda in view of Tusch discloses wherein the operation information includes at least one of a transaction content and a transaction amount [Senda: ¶ [0213] The automatic change machine 912 automatically discharges money corresponding to the change amount calculated by the CPU 901 to the cash outlet when the total amount of money inputted to the cash inlet exceeds the payment amount for the purchase of goods or the use of services] . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN R MESSMORE whose telephone number is (571)272-2773. The examiner can normally be reached Monday-Friday 9-5 EST/EDT. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chris Kelley can be reached at 571-272-7331. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JONATHAN R MESSMORE/Primary Examiner, Art Unit 2482 Application/Control Number: 18/845,489 Page 2 Art Unit: 2482 Application/Control Number: 18/845,489 Page 3 Art Unit: 2482 Application/Control Number: 18/845,489 Page 4 Art Unit: 2482 Application/Control Number: 18/845,489 Page 5 Art Unit: 2482 Application/Control Number: 18/845,489 Page 6 Art Unit: 2482 Application/Control Number: 18/845,489 Page 7 Art Unit: 2482 Application/Control Number: 18/845,489 Page 8 Art Unit: 2482 Application/Control Number: 18/845,489 Page 9 Art Unit: 2482 Application/Control Number: 18/845,489 Page 10 Art Unit: 2482 Application/Control Number: 18/845,489 Page 11 Art Unit: 2482
Prosecution Insights