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 .
Detailed Action
This communication is in response to the application filed on 09/24/2024 in which Claims 1-13 are presented for examination.
Drawings
The applicant’s drawings submitted on 09/1242024 are acceptable for examination purposes.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-13 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.
The term “AI” in claims 1-3, 5-6, 11-13 are vague and unclear which renders the claim indefinite. The term “AI” is not defined by the claim. It’s unclear what it stands for, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 of this title, 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 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (EP 3 944 628 A1) view of LALLY US 20220414237 A1.
As to claim 1, Kim teaches A sensor apparatus comprising: an image-capturing section that captures an image of a subject; an AI processing section that performs AI processing which is a process using an AI model on an image captured by the image-capturing section (Kim Pa. [0013-0014]) [The artificial intelligence camera may further include an image sensor, and the operating method may further include: capturing an image through the image sensor; and analyzing the captured image using the artificial intelligence processor]
It is noted that Kim does not explicitly disclose a control section that receives, from an external apparatus, license data representing a use upper limit condition related to the AI model and performs execution control of the AI processing performed by the AI processing section, such that the use upper limit condition is satisfied.
However, LALLY discloses a control section that receives, from an external apparatus, license data representing a use upper limit condition related to the AI model and performs execution control of the AI processing performed by the AI processing section, such that the use upper limit condition is satisfied (LALLY Abstract) [controlling the conditions under which other entities may access which pieces of AI information at a particular time.] [0056] [starting from a set of license templates, terms under which requesting computers may license the generated AI information and incorporates URLs and cryptographic hashes of the license terms into the linked data metadata of the AI information in step S12. Example license terms may relate to payment, (non-)distribution, (non-)disclosure, academic vs. commercial use, and/or agreement to dispose of information under certain conditions.] [0092] [The providing computer encrypted data vault(s) and leger agent then validate the request, authorize access to the requested AI information, and record auditable evidence of the consent and access events in step S40, through the following sub-steps: validating the authorization capability invocation, including the consent to license terms]
Thus, it would have been recognized by one of ordinary skill in the art before the effective filing date of the claimed invention, that applying the known technique taught by LALLY to the image-capturing system of Kim would have yield predictable results and resulted in an improved system, namely, a system that would provide enable collaborative AI techniques to enhance the performance of AI models and gain new insights with larger and/or better curated data sets. (LALLY Abstract)
As to claim 2, the combination of Kim and LALLY discloses wherein the AI processing section is configured to be capable of changing an AI model to be used (LALLY Pa. [0098) [incorporated along with the updated AI model and additional AI data and annotations into generated AI information], the control section performs a process of setting an AI model received from an external apparatus, as an AI model to be used by the AI processing section, and the license data is data transmitted from an external apparatus as data separate from the AI model (LALLY Abstract) [controlling the conditions under which other entities may access which pieces of AI information at a particular time.] [0056] [starting from a set of license templates, terms under which requesting computers may license the generated AI information and incorporates URLs and cryptographic hashes of the license terms into the linked data metadata of the AI information in step S12. Example license terms may relate to payment, (non-)distribution, (non-)disclosure, academic vs. commercial use, and/or agreement to dispose of information under certain conditions.] [0092] [The providing computer encrypted data vault(s) and leger agent then validate the request, authorize access to the requested AI information, and record auditable evidence of the consent and access events in step S40, through the following sub-steps: validating the authorization capability invocation, including the consent to license terms]
Thus, it would have been recognized by one of ordinary skill in the art before the effective filing date of the claimed invention, that applying the known technique taught by LALLY to the image-capturing system of Kim would have yield predictable results and resulted in an improved system, namely, a system that would provide enable collaborative AI techniques to enhance the performance of AI models and gain new insights with larger and/or better curated data sets. (LALLY Abstract)
As to claim 3, the combination of Kim and LALLY discloses wherein the external apparatus encrypts the AI model (LALLY Pa. [0007) [AI model-generated output data generated from the one or more AI models. The generated AI information is stored in encrypted format in portions of the decentralized database allocated to the generated AI information], transmits the encrypted AI model to the sensor apparatus, and transmits, as the license data, data including an encryption key of the AI model (LALLY Pa. [0040) [Each encrypted data vault 8 may further comprise an interface through which the providing computer encrypts AI information prior to upload to the encrypted data vault or as an integral part of the information storage process of the encrypted data vault. In an example embodiment, this encryption is performed by the client computer such that the client computer has control of the encryption keys and such that no third party has access to the encryption keys unless granted by the providing computer], and the control section decrypts the AI model on a basis of the encryption key included in the license data (LALLY Pa. [0087) [authorization capabilities to access the private metadata and license terms in the providing computer encrypted data vault in step S33, accessing and unwrapping the encryption keys in the providing computer keystore in step S23, downloading and decrypting the private metadata and license terms in step S24,]
Thus, it would have been recognized by one of ordinary skill in the art before the effective filing date of the claimed invention, that applying the known technique taught by LALLY to the image-capturing system of Kim would have yield predictable results and resulted in an improved system, namely, a system that would provide enable collaborative AI techniques to enhance the performance of AI models and gain new insights with larger and/or better curated data sets. (LALLY Abstract)
As to claim 4, the combination of Kim and LALLY discloses wherein the control section performs, with the external apparatus, a process of challenge response authentication as an authentication process regarding the license data (LALLY Pa. [0092) [providing computer encrypted data vault(s) and leger agent then validate the request, authorize access to the requested AI information, and record auditable evidence of the consent and access events in step S40, through the following sub-steps: validating the authorization capability invocation, including the consent to license terms and requesting computer digital signature ]
Thus, it would have been recognized by one of ordinary skill in the art before the effective filing date of the claimed invention, that applying the known technique taught by LALLY to the image-capturing system of Kim would have yield predictable results and resulted in an improved system, namely, a system that would provide enable collaborative AI techniques to enhance the performance of AI models and gain new insights with larger and/or better curated data sets. (LALLY Abstract)
As to claim 5, the combination of Kim and LALLY discloses wherein the license data is transmitted multiple times in a license contract period of the AI model, and the control section performs the execution control on a basis of the received license data every time the license data is received (LALLY Pa. [0056) [computers may license the generated AI information and incorporates URLs and cryptographic hashes of the license terms into the linked data metadata of the AI information in step S12. Example license terms may relate to payment, (non-)distribution, (non-)disclosure, academic vs. commercial use, and/or agreement to dispose of information under certain conditions. Such license terms may further incorporate sub-licenses from ancestors of the generated AI information according to the cascading license terms defined for those ancestor AI information sets.]
Thus, it would have been recognized by one of ordinary skill in the art before the effective filing date of the claimed invention, that applying the known technique taught by LALLY to the image-capturing system of Kim would have yield predictable results and resulted in an improved system, namely, a system that would provide enable collaborative AI techniques to enhance the performance of AI models and gain new insights with larger and/or better curated data sets. (LALLY Abstract)
As to claim 6, the combination of Kim and LALLY discloses wherein the control section performs the execution control on a basis of the license data and a count value of the number of processing frames of the AI processing section (LALLY Pa. [0098) [Output performance metrics are generated in a standard format specified by the selected context(s) (e.g., JSON files specifying precision, recall, counts of outcomes, execution times, etc.), and incorporated along with the updated AI model and additional AI data and annotations into generated AI information set(s) in step S49. ]
Thus, it would have been recognized by one of ordinary skill in the art before the effective filing date of the claimed invention, that applying the known technique taught by LALLY to the image-capturing system of Kim would have yield predictable results and resulted in an improved system, namely, a system that would provide enable collaborative AI techniques to enhance the performance of AI models and gain new insights with larger and/or better curated data sets. (LALLY Abstract)
As to claim 7, the combination of Kim and LALLY discloses comprising: a random number generating section that generates a random number to be used for the challenge response authentication, on a basis of noise generated in the captured image (Kim Pa. [0086]) [Many noises may be generated in the image in a preprocessing process, and it may take a lot of time to perform the preprocessing process.
For this reason, the setting values of the normal camera may be changed into values suitable for the image analysis through the artificial intelligence, and the
artificial intelligence camera 200 may receive an image captured under the corresponding setting from the normal camera]
As to claim 8, the combination of Kim and LALLY discloses wherein the license data includes information representing the use upper limit condition and a sensor ID for identifying a sensor apparatus, and the control section performs the execution control on a basis of a result of collation between the sensor ID included in the license data and a sensor ID of the sensor apparatus (Kim Pa. [0013]) [transmitting result information according to the analysis of the additionally received images together with identifiers of the other normal cameras to the external device through the network.]
As to claim 9, the combination of Kim and LALLY discloses wherein key information is stored on a predetermined memory in the sensor apparatus (LALLY Pa. [0007) [AI model-generated output data generated from the one or more AI models. The generated AI information is stored in encrypted format in portions of the decentralized database allocated to the generated AI information], the license data is encrypted on a basis of key information identical to the key information and transmitted to the sensor apparatus, and the control section receives encrypted license data which is the license data having been encrypted (LALLY Pa. [0040) [Each encrypted data vault 8 may further comprise an interface through which the providing computer encrypts AI information prior to upload to the encrypted data vault or as an integral part of the information storage process of the encrypted data vault. In an example embodiment, this encryption is performed by the client computer such that the client computer has control of the encryption keys and such that no third party has access to the encryption keys unless granted by the providing computer], decrypts the encrypted license data on a basis of the key information stored on the memory, and uses the encrypted license data for the execution control (LALLY Pa. [0087) [authorization capabilities to access the private metadata and license terms in the providing computer encrypted data vault in step S33, accessing and unwrapping the encryption keys in the providing computer keystore in step S23, downloading and decrypting the private metadata and license terms in step S24,]
Thus, it would have been recognized by one of ordinary skill in the art before the effective filing date of the claimed invention, that applying the known technique taught by LALLY to the image-capturing system of Kim would have yield predictable results and resulted in an improved system, namely, a system that would provide enable collaborative AI techniques to enhance the performance of AI models and gain new insights with larger and/or better curated data sets. (LALLY Abstract)
As to claim 10, the combination of Kim and LALLY discloses wherein the external apparatus transmits the license data and tampering determination data which is data for determining whether or not the license data has been tampered with, and the control section performs the execution control based on the license data, provided that it is determined on a basis of the tampering determination data that the license data has not been tampered with LALLY Pa. [0110) [each client computer may define license terms for AI models or data generated, and those license terms may follow the AI information and cascade through updates by other client computers. Following this example, the license terms for AI Model 4 may include a cascading license relationship from ancestor AI Models 1, 2, and 3 and/or from Clients 1, 2, and 3 Private Data. In this example, client-controlled services may, prior to each access of AI information, automatically validate license terms for their ability to cascade and automatically incorporate and generate the cascaded license terms in the updated AI information.]
Thus, it would have been recognized by one of ordinary skill in the art before the effective filing date of the claimed invention, that applying the known technique taught by LALLY to the image-capturing system of Kim would have yield predictable results and resulted in an improved system, namely, a system that would provide enable collaborative AI techniques to enhance the performance of AI models and gain new insights with larger and/or better curated data sets. (LALLY Abstract)
As to claims 11-13, claims 11-13 recite the claimed that respectively contain similar limitations as claim 1; therefore, it is rejected under the same rationale.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EVANS DESROSIERS whose telephone number is (571)270-5438. The examiner can normally be reached Monday -Friday 8:00 am - 5:30 pm.
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, William Korzuch can be reached at (571)272-7589. 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.
/EVANS DESROSIERS/Primary Examiner, Art Unit 2491
Prosecution Insights