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 Arguments
Applicant’s arguments with respect to claim(s) 1-20, which were previously rejected under 35 U.S. 102(a)(1), have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. In particular, applicant has amended the independent claims to include some form of the limitation of “spatially filtering out detected objects determined to be outside the virtual timing zone”. Please see the new grounds of rejection on the following pages.
Applicant’s amendment to claims 2, 8, 9, and 17; and cancellation of claim 18, has overcome the rejection under 35 U.S.C. 112(b) to claims 2, 4, 5, 7-9, 17, and 18, set forth in the previous office action.
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.
Claim(s) 1, 3, 6, 8-16, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Verwoerd et al. (European Publ. No. EP 3792815 A1) in view of Makoto (Japanese Publ. No. 2019-071578 A). It is noted that this application and the Verwoerd application have the same applicant and inventors. However, no prior art exceptions under 35 USC 102(b)(1) apply because the Verwoerd publication falls outside of the grace period (1 year).
Regarding claim 1, Verwoerd discloses a sports timing system based on a camera system. More specifically and as it relates to the applicant’s claims, Verwoerd discloses A method for determining a passing time of objects (object, 108) passing a virtual timing line (see paragraph 0040 where a method of determining whether a moving object has passed a virtual timing line), the method comprising:
receiving video frames captured by a calibrated camera system (see Figure 5 and paragraphs 0051-0052 where the camera system is calibrated), each video frame representing a picture of scene including one or more objects moving on a track (see Figure 1 and Figure 8, step 802; and paragraph 0060) where objects moving on a track are captured by the camera system) and objects outside of the track (as shown in Figure 2 the camera system can capture a field of view that lies outside of the confines of the track, 204; thus, it is inherent that at least some other type of object that is outside of the track is captured; also see Figure 10 where objects outside of the timing zone are represented in the scene), each video frame being associated with a time instance (see paragraph 0060 where each video frame is time-stamped), the calibrated camera system comprising calibration data defining a virtual timing zone (see Figure 4A and 4B; and paragraph 0052 where a 3D volume is established as a detection zone) in the video frames positioned at a predetermined distance from the calibrated camera system (once established the virtual timing zone would be positioned at a predetermined distance), the virtual timing zone extending across the track and extending along sides of the track (see Figures 1, 2, 4A, and 4B, where the 3D volume extends across the track and along the sides of the track)
detecting objects in the video frames using an object detection algorithm, the objects detected by the detection algorithm defining detected objects (see Figure 8, step 806 and paragraphs 0060 and 0061);
determining depth information for at least part of the video frames, the depth information comprising information regarding the a position of the detected objects relative to the calibrated camera system (see Figure 8, step 804; and paragraph 0060);
determining whether detected objects are positioned inside the virtual timing zone or outside the virtual timing zone based on the calibration data and the depth information (see paragraph 0060, 0061; also see paragraph 0049 where the established 3D volume is used for identifying objects – this is taken to mean that the 3D volume only uses objects located inside the 3D volume; also see paragraph 0055 where it is determined if the object is in the detection zone or not);
applying a feature analysis algorithm to at least part of the detected objects in the video frames that are determined to be inside the virtual timing zone, the feature analysis algorithm determining identifying features for the one or more detected objects inside the virtual timing zone (see Figure 8, step 812 and paragraph 0063 where a feature analysis algorithm is used to identify features of the objects within the 3D volume); and,
determining a passing time for detected objects that determined to be positioned inside the virtual timing zone and pass a virtual timing line across the track based on the calibration data, the depth information and one or more time instances of one or more video frames of the detected objects that pass the virtual timing line (see Figures 8 and 9; paragraphs 0063 and 0065).
Verwoerd, however, fails to explicitly disclose the step of spatially filtering out detected object determined to be outside of the virtual timing zone. Makoto, on the other hand, discloses that it is well known in the art to filter out detected objects that are determined to be outside some type of monitoring zone. In particular, Makoto discloses a camera monitoring system (monitoring system, see Figure 1 and paragraph 0034-0038 of the provided translation) that allows a user to set up a detection zone within a monitoring area. The detection zone allows the system to ignore (by spatially filtering) objects outside of detection zone set up the user. See paragraphs 0069-0070, 0077-0079; and Figure 4 where a user can set up the detection area within the monitoring area. Objects within the monitoring area but outside of the detection area will not trigger the alarm. See paragraph 0046 of the provided translation. Furthermore, when the object enters the detection area further processing is performed to place a bounding box (frame image, 62) around the object (see paragraphs 0073 and 0085) and an alarm is sounded (see paragraph 0038 of the provided translation). Makoto discloses that this feature allows a user to set up specific areas within a monitored area in which to detect objects that are of interest and allows for reduced processing loads. See the abstract. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Verwoerd to spatially filter out detected objects that are outside of the virtual timing zone so that only object of interest in a designated area are processed and processing load is reduced.
With regard to claim 3, Verwoerd discloses determining the identity of the detected objects based on the identifying features of the detected object (see Figure 7 and paragraph 0059).
With regard to claim 6, Verwoerd discloses that the object detection algorithm of a machine learning algorithm that is trained to detected one or more objects in one or more video frames (see paragraph 0064).
As for claim 8, Verwoerd discloses that the calibration data include coordinates of a 2D area over the track, the 2D area defining a 2D virtual timing zone, wherein sides of the 2D virtual timing zone extend substantially parallel to the sides of the track (see Figures 1, 4A, 4B; and paragraphs 0040, 0052; where coordinates of the 3D volume are established, which inherently has a 2D plane over the track with an edge extending parallel to the sides of the track).
With regard to claim 9, Verwoerd discloses that the calibration data include coordinates of a 3D area over the track, the 3D area defining a 3D virtual timing zone, wherein sides of the 3D virtual timing zone extend substantially parallel to the sides of the track (see Figures 1, 4A, 4B; and paragraphs 0040, 0052; where coordinates of the 3D volume are established; at least one side extends parallel to the sides of the track).
Regarding claim 10, Verwoerd discloses that determining detected objects that are positioned within the virtual timing zone includes: using the depth information to determine position of the objects relative to the camera system (see Figure 8, step 804; and paragraph 0060; where the depth maps are used to determine the position of objects relative to the camera system); determining based on the position and coordinates of the virtual timing zone if an object is positioned in or outside the virtual timing zone (as noted in paragraph 0052 and 0054 and 0055 the 3D volume is used to determine if an object is in the timing zone or not).
As for claim 11, Verwoerd discloses that detecting one or more objects in the video frames includes: determining one or more regions of interest ROIs in a video frame, each ROI comprising pixels representing an object; determine object features in one of the one or more ROIs; and, determine an object in the ROI based on the determined object features (see Figure 7 and paragraph 0059).
With respect to claim 12, Verwoerd discloses that the camera system comprises a plurality of camera modules (camera modules 2041 and 2042 ; see Figure 2 and paragraph 0036).
Regarding claim 13, Verwoerd discloses that the passing time is determined based on at least one video frame of the scene wherein a predetermined part of the detected object that has passed a virtual plane (see paragraph 0040, 0042, 0052, 0054, and 0057 where a passing time is determined when a part of the detected object has passed a virtual plane).
As for claim 14, Verwoerd discloses a sports timing system based on a camera system; and method for its calibration. More specifically and as it relates to the applicant’s claims, Verwoerd discloses A method for calibrating a timing system (see Figure 5) configured to determine a passing time of an object (object, 108; see Figure 1) passing a timing line (virtual plane, 112; see Figure 1) across a sports track (sports track, 106; see Figure 1 and paragraph 0034), the method comprising:
receiving video frames of a timing system, each video frame representing a picture of scene including the track and one or more calibration markers (see Figure 5, step 504 and paragraph 0051; where video frames of a scene are received and the scene is of the track, 106, and calibration markers, 110)
determining depth information, based on the video frames, the depth information comprising information regarding a distance between one or more objects (objects, 108) in the picture of a video frame (see Figure 5 and paragraph 0052);
using the depth information to determine a relative position between of the one or more calibration markers and a camera system (see Figure 5 and paragraph 0052; where the depth information is used to determine a relative position between the calibration markers and the camera system);
determining calibration data, the calibration data including position information of a virtual timing line oriented across the track at a predetermined position relative to the position of the one or more calibration markers (see Figure 5 and paragraphs 0049 and 0052, where calibration data of a virtual plane (i.e. virtual timing line) is ascertained based on the position information); and,
position information associated with a virtual timing zone over the track at a predetermined position relative to the position of the one or more calibration markers (see Figure 5, 4A, and 4B; and paragraphs 0049 and 0052 where a virtual timing zone (i.e. 3D detection zone) is established based on virtual plane relative to the calibration markers), the timing zone extending across the track and along the track (see Figures 4A and 4B); and,
storing coordinates of a virtual plane in a memory of the timing system (see Figure 5, step 512, and paragraph 0052).
Verword, however, fails to explicitly disclose that the position information is used to set up a timing zone for spatially filtering out a detected object outside of the virtual timing zone. Makoto, on the other hand, discloses that it is well known in the art to filter out detected objects that are determined to be outside some type of monitoring zone. In particular, Makoto discloses a camera monitoring system (monitoring system, see Figure 1 and paragraph 0034-0038 of the provided translation) that allows a user to set up a detection zone within a monitoring area. The detection zone allows the system to ignore (by spatially filtering) objects outside of detection zone set up the user. See paragraphs 0069-0070, 0077-0079; and Figure 4 where a user can set up the detection area within the monitoring area. Objects within the monitoring area but outside of the detection area will not trigger the alarm. See paragraph 0046 of the provided translation. Furthermore, when the object enters the detection area further processing is performed to place a bounding box (frame image, 62) around the object (see paragraphs 0073 and 0085) and an alarm is sounded (see paragraph 0038 of the provided translation). Makoto discloses that this feature allows a user to set up specific areas within a monitored area in which to detect objects that are of interest and allows for reduced processing loads. See the abstract. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Verwoerd to spatially filter out detected objects that are outside of the virtual timing zone so that only object of interest in a designated area are processed and processing load is reduced.
As for claim 15, Verwoerd discloses that the calibration data include coordinates defining the virtual timing zone (see paragraph 0052, last sentence).
With regard to claim 16, Verwoerd discloses a sports timing system based on a camera system; and method for its calibration. More specifically and as it relates to the applicant’s claims, Verwoerd discloses A system for determining a passing time of objects (object, 108) passing a virtual timing line (see paragraph 0040 where a method of determining whether a moving object has passed a virtual timing line) across a sports track (sports track, 106) comprising:
at least one camera system (camera systems 9011 and 9012) connected to a computer (computer, see Figure 9 and paragraph 0066);
the computer comprising a computer readable storage medium (memory elements, 1104; see paragraph 0071) having computer readable program code embodied therewith (see paragraph 0071, and a processor (processor, 1102; see paragraph 0071) coupled to the computer readable storage medium,
wherein responsive to executing the computer readable program code, the processor is configured to perform executable operations comprising (see paragraph 0071):
receiving video frames captured by a calibrated camera system (see Figure 5 and paragraphs 0051-0052 where the camera system is calibrated), each video frame representing a picture of scene including one or more objects moving on a track (see Figure 1 and Figure 8, step 802; and paragraph 0060) where objects moving on a track are captured by the camera system) and objects outside of the track (as shown in Figure 2 the camera system can capture a field of view that lies outside of the confines of the track, 204; thus, it is inherent that at least some other type of object that is outside of the track is captured; also see Figure 10 where objects outside of the timing zone are represented in the scene), each video frame being associated with a time instance (see paragraph 0060 where each video frame is time-stamped), the calibrated camera system comprising calibration data defining a virtual timing zone (see Figure 4A and 4B; and paragraph 0052 where a 3D volume is established as a detection zone) in the video frames positioned at a predetermined distance from the calibrated camera system (once established the virtual timing zone would be positioned at a predetermined distance), the virtual timing zone extending across the track and extending along sides of the track (see Figures 1, 2, 4A, and 4B, where the 3D volume extends across the track and along the sides of the track)
detecting objects in the video frames using an object detection algorithm, the objects detected by the detection algorithm defining detected objects (see Figure 8, step 806 and paragraphs 0060 and 0061);
determining depth information for at least part of the video frames, the depth information comprising information regarding the a position of the detected objects relative to the calibrated camera system (see Figure 8, step 804; and paragraph 0060);
determining whether detected objects are positioned inside the virtual timing zone or outside the virtual timing zone based on the calibration data and the depth information (see paragraph 0060, 0061; also see paragraph 0049 where the established 3D volume is used for identifying objects – this is taken to mean that the 3D volume only uses objects located inside the 3D volume; also see paragraph 0055 where it is determined if the object is in the detection zone or not);
applying a feature analysis algorithm to at least part of the detected objects in the video frames that are determined to be inside the virtual timing zone, the feature analysis algorithm determining identifying features for the one or more detected objects inside the virtual timing zone (see Figure 8, step 812 and paragraph 0063 where a feature analysis algorithm is used to identify features of the objects within the 3D volume); and,
determining a passing time for detected objects that determined to be positioned inside the virtual timing zone and pass a virtual timing line across the track based on the calibration data, the depth information and one or more time instances of one or more video frames of the detected objects that pass the virtual timing line (see Figures 8 and 9; paragraphs 0063 and 0065).
Verwoerd, however, fails to explicitly disclose the step of filtering out detected object determined to be outside of the virtual timing zone. Makoto, on the other hand, discloses that it is well known in the art to filter out detected objects that are determined to be outside some type of monitoring zone. In particular, Makoto discloses a camera monitoring system (monitoring system, see Figure 1 and paragraph 0034-0038 of the provided translation) that allows a user to set up a detection zone within a monitoring area. The detection zone allows the system to ignore (by spatially filtering) objects outside of detection zone set up the user. See paragraphs 0069-0070, 0077-0079; and Figure 4 where a user can set up the detection area within the monitoring area. Objects within the monitoring area but outside of the detection area will not trigger the alarm. See paragraph 0046 of the provided translation. Furthermore, when the object enters the detection area further processing is performed to place a bounding box (frame image, 62) around the object (see paragraphs 0073 and 0085) and an alarm is sounded (see paragraph 0038 of the provided translation). Makoto discloses that this feature allows a user to set up specific areas within a monitored area in which to detect objects that are of interest and allows for reduced processing loads. See the abstract. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Verwoerd to spatially filter out detected objects that are outside of the virtual timing zone so that only object of interest in a designated area are processed and processing load is reduced.
Regarding claim 19, Verwoerd discloses a sports timing system based on a camera system; and method for its calibration. More specifically and as it relates to the applicant’s claims, Verwoerd discloses A non-transitory computer-readable storage medium storing at least one software code portion, the software code portion, when executed or processed by a computer, is configured to perform a method comprising:
receiving video frames captured by a calibrated camera system (see Figure 5 and paragraphs 0051-0052 where the camera system is calibrated), each video frame representing a picture of scene including one or more objects moving on a track (see Figure 1 and Figure 8, step 802; and paragraph 0060) where objects moving on a track are captured by the camera system) and objects outside of the track (as shown in Figure 2 the camera system can capture a field of view that lies outside of the confines of the track, 204; thus, it is inherent that at least some other type of object that is outside of the track is captured; also see Figure 10 where objects outside of the timing zone are represented in the scene), each video frame being associated with a time instance (see paragraph 0060 where each video frame is time-stamped), the calibrated camera system comprising calibration data defining a virtual timing zone (see Figure 4A and 4B; and paragraph 0052 where a 3D volume is established as a detection zone) in the video frames positioned at a predetermined distance from the calibrated camera system (once established the virtual timing zone would be positioned at a predetermined distance), the virtual timing zone extending across the track and extending along sides of the track (see Figures 1, 2, 4A, and 4B, where the 3D volume extends across the track and along the sides of the track)
detecting objects in the video frames using an object detection algorithm, the objects detected by the detection algorithm defining detected objects (see Figure 8, step 806 and paragraphs 0060 and 0061);
determining depth information for at least part of the video frames, the depth information comprising information regarding the a position of the detected objects relative to the calibrated camera system (see Figure 8, step 804; and paragraph 0060);
determining whether detected objects are positioned inside the virtual timing zone or outside the virtual timing zone based on the calibration data and the depth information (see paragraph 0060, 0061; also see paragraph 0049 where the established 3D volume is used for identifying objects – this is taken to mean that the 3D volume only uses objects located inside the 3D volume; also see paragraph 0055 where it is determined if the object is in the detection zone or not);
applying a feature analysis algorithm to at least part of the detected objects in the video frames that are determined to be inside the virtual timing zone, the feature analysis algorithm determining identifying features for the one or more detected objects inside the virtual timing zone (see Figure 8, step 812 and paragraph 0063 where a feature analysis algorithm is used to identify features of the objects within the 3D volume); and,
determining a passing time for detected objects that determined to be positioned inside the virtual timing zone and pass a virtual timing line across the track based on the calibration data, the depth information and one or more time instances of one or more video frames of the detected objects that pass the virtual timing line (see Figures 8 and 9; paragraphs 0063 and 0065).
Verwoerd, however, fails to explicitly disclose the step of spatially filtering out detected object determined to be outside of the virtual timing zone. Makoto, on the other hand, discloses that it is well known in the art to filter out detected objects that are determined to be outside some type of monitoring zone. In particular, Makoto discloses a camera monitoring system (monitoring system, see Figure 1 and paragraph 0034-0038 of the provided translation) that allows a user to set up a detection zone within a monitoring area. The detection zone allows the system to ignore (by spatially filtering) objects outside of detection zone set up the user. See paragraphs 0069-0070, 0077-0079; and Figure 4 where a user can set up the detection area within the monitoring area. Objects within the monitoring area but outside of the detection area will not trigger the alarm. See paragraph 0046 of the provided translation. Furthermore, when the object enters the detection area further processing is performed to place a bounding box (frame image, 62) around the object (see paragraphs 0073 and 0085) and an alarm is sounded (see paragraph 0038 of the provided translation). Makoto discloses that this feature allows a user to set up specific areas within a monitored area in which to detect objects that are of interest and allows for reduced processing loads. See the abstract. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Verwoerd to spatially filter out detected objects that are outside of the virtual timing zone so that only object of interest in a designated area are processed and processing load is reduced.
As for claim 20, Verwoerd discloses that the camera system comprises two camera modules (camera modules, 2041 and 2042; see Figure 2 and paragraph 0036) forming a stereo camera (see paragraph 0036), the stereo camera being configured to generate at each time instance at least a first video frame and a second video frame of the scene and wherein the depth map is determined based on a disparity mapping algorithm configured to determine a disparity between pixels of the first and second video frame (see paragraphs 0037 and 0038).
Claim(s) 2, 4, 5, 7, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Verwoerd et al. (European Publ. No. EP 3792815 A1) in view of Makoto (Japanese Publ. No. 2019-071578 A) and further in view of Kim et al. (Korean Publ. No. 20110093266 A).
Regarding claim 2, as mentioned above in the discussion of claim 1, the combination of Verwoerd and Makoto discloses all of the limitations of the parent claim. The aforementioned references however fail to explicitly disclose that a width of the virtual timing zone is equal or larger than a width of the track and wherein a length of the virtual timing zone is equal or larger than the width of the track. Kim, on the other hand, discloses that it is well known in the art to establish a virtual timing zone in a sports timing system such that the width of the virtual timing zone is equal or larger than a width of the track and wherein a length of the virtual timing zone is equal or larger than the width of the track. More specifically, as shown in Figures 1a and 1b Kim shows a timing zone at the finish line of a race that has a width larger than a width of the track (see Fig. 1b where the width of the timing zone is wider than the total of lanes 1-3); and that the length of the timing zone is larger than the width of the track (see Fig. 1b where the length of the timing zone is larger than the width of lanes 1-3). Thus, as noted above, the prior art contains a device that differed from the claimed invention by the substitution of the size of the timing zone. The substituted components (size of the timing zone) and its function (detecting competitors as they approach the finish line) are known in the art. Furthermore, one of ordinary skill in the art could have easily changed the size of the timing zone in Verwoerd, and the results of the substitution would have been predictable (i.e. the system would still be able to detect runners as they approached and crossed the finish line). Thus, in accordance with KSR rationales, the combination is merely a simple substitution of one known element for another. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Verwoerd to establish a virtual timing zone in a sports timing system such that the width of the virtual timing zone is equal or larger than a width of the track and wherein a length of the virtual timing zone is equal or larger than the width of the track.
Regarding claim 4, Verwoerd discloses that the identifying features of a detected object include one or more identification markers; and/or, one or more characteristics about a shape and/or colour of the detected object (see Figure 7 and paragraph 0059).
As for claim 5, Verwoerd discloses that the identifying features of a detected object include one or more biometric identifiers of the detected object (see Figure 7 and paragraph 0059).
Regarding claim 7, Verwoerd discloses that the feature analysis algorithm is part of a machine learning algorithm that is trained to determine identifying features associated with detected objects (see paragraph 0064).
Regarding claim 17, as mentioned above in the discussion of claim 16, the combination of Verwoerd and Makoto discloses all of the limitations of the parent claim. The aforementioned references however fail to explicitly disclose that a width of the virtual timing zone is equal or larger than a width of the track and wherein a length of the virtual timing zone is equal or larger than the width of the track. Kim, on the other hand, discloses that it is well known in the art to establish a virtual timing zone in a sports timing system such that the width of the virtual timing zone is equal or larger than a width of the track and wherein a length of the virtual timing zone is equal or larger than the width of the track. More specifically, as shown in Figures 1a and 1b Kim shows a timing zone at the finish line of a race that has a width larger than a width of the track (see Fig. 1b where the width of the timing zone is wider than the total of lanes 1-3); and that the length of the timing zone is larger than the width of the track (see Fig. 1b where the length of the timing zone is larger than the width of lanes 1-3). Thus, as noted above, the prior art contains a device that differed from the claimed invention by the substitution of the size of the timing zone. The substituted components (size of the timing zone) and its function (detecting competitors as they approach the finish line) are known in the art. Furthermore, one of ordinary skill in the art could have easily changed the size of the timing zone in Verwoerd, and the results of the substitution would have been predictable (i.e. the system would still be able to detect runners as they approached and crossed the finish line). Thus, in accordance with KSR rationales, the combination is merely a simple substitution of one known element for another. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Verwoerd to establish a virtual timing zone in a sports timing system such that the width of the virtual timing zone is equal or larger than a width of the track and wherein a length of the virtual timing zone is equal or larger than the width of the track.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/JOHN VILLECCO/Supervisory Patent Examiner, Art Unit 2661
