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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claim 1-12 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-12 of copending Application No. 18/887,451. Although the claims at issue are not identical, they are not patentably distinct from each other because the present claims are obvious variants of the copending application claims. The following table shows the corresponding limitations between representative claims and representative copending application claims.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Present Application Claims
Copending Application Claims (18/887,451)
1. A non-transitory computer-readable recording medium storing an information processing program for causing a computer to execute processing comprising: acquiring time-series data of skeleton information that includes a position of each of a plurality of portions of a subject; specifying a type of an operation of the subject that corresponds to skeleton information at a first time point in the acquired time-series data, based on a feature amount of the skeleton information of the acquired time-series data; determining a model of a probability distribution that restricts a temporal change in a position of any one portion of the plurality of portions in the skeleton information at the first time point in the acquired time-series data, according to tendency of a motion of the any one portion that corresponds to the specified type of the operation; generating a graph that includes a node that indicates a position of each portion at each time point, a first edge that couples between nodes that indicate positions of different portions that are biologically connected at each time point, and a second edge that couples between nodes that indicate the positions of the any one portion at different time points, and in which the determined model is associated with the second edge; and correcting the skeleton information at the first time point in the time-series data, based on the generated graph.
5. An information processing method for a computer to execute a processing comprising: acquiring time-series data of skeleton information that includes a position of each of a plurality of portions of a subject; specifying a type of an operation of the subject that corresponds to skeleton information at a first time point in the acquired time-series data, based on a feature amount of the skeleton information of the acquired time-series data; determining a model of a probability distribution that restricts a temporal change in a position of any one portion of the plurality of portions in the skeleton information at the first time point in the acquired time-series data, according to tendency of a motion of the any one portion that corresponds to the specified type of the operation; generating a graph that includes a node that indicates a position of each portion at each time point, a first edge that couples between nodes that indicate positions of different portions that are biologically connected at each time point, and a second edge that couples between nodes that indicate the positions of the any one portion at different time points, and in which the determined model is associated with the second edge; and correcting the skeleton information at the first time point in the time-series data, based on the generated graph.
9. An information processing device comprising: a memory; and a processor coupled to the memory and configured to: acquire time-series data of skeleton information that includes a position of each of a plurality of portions of a subject; specify a type of an operation of the subject that corresponds to skeleton information at a first time point in the acquired time-series data, based on a feature amount of the skeleton information of the acquired time-series data; determine a model of a probability distribution that restricts a temporal change in a position of any one portion of the plurality of portions in the skeleton information at the first time point in the acquired time-series data, according to tendency of a motion of the any one portion that corresponds to the specified type of the operation; generate a graph that includes a node that indicates a position of each portion at each time point, a first edge that couples between nodes that indicate positions of different portions that are biologically connected at each time point, and a second edge that couples between nodes that indicate the positions of the any one portion at different time points, and in which the determined model is associated with the second edge; and correct the skeleton information at the first time point in the time-series data, based on the generated graph.
1. A non-transitory computer-readable recording medium storing an information processing program for causing a computer to execute a processing comprising: acquiring time-series data of skeleton information that includes a position of each of a plurality of portions of a subject; specifying any one portion in an abnormal state regarding a position, for skeleton information at a first time point in the acquired time-series data, based on a feature amount regarding the skeleton information in the acquired time-series data; determining a model of a probability distribution that restricts a position of the specified any one portion, in the skeleton information at the first time point, based on the feature amount regarding the skeleton information in the acquired time-series data, according to a magnitude of a probability that the specified any one portion is in the abnormal state; generating a graph that includes a node that indicates a position of each portion at each time point and a first edge that couples between nodes that indicate positions of different portions biologically connected at each time point and in which the determined model is associated with the node that indicates the position of the any one portion; and correcting the skeleton information at the first time point in the time-series data, based on the generated graph.
5. An information processing method for a computer to execute a process comprising: acquiring time-series data of skeleton information that includes a position of each of a plurality of portions of a subject; specifying any one portion in an abnormal state regarding a position, for skeleton information at a first time point in the acquired time-series data, based on a feature amount regarding the skeleton information in the acquired time-series data; determining a model of a probability distribution that restricts a position of the specified any one portion, in the skeleton information at the first time point, based on the feature amount regarding the skeleton information in the acquired time-series data, according to a magnitude of a probability that the specified any one portion is in the abnormal state; generating a graph that includes a node that indicates a position of each portion at each time point and a first edge that couples between nodes that indicate positions of different portions biologically connected at each time point and in which the determined model is associated with the node that indicates the position of the any one portion; and correcting the skeleton information at the first time point in the time-series data, based on the generated graph.
9. An information processing device comprising: a memory; and a processor coupled to the memory, the processor being configured to: acquire time-series data of skeleton information that includes a position of each of a plurality of portions of a subject; specify any one portion in an abnormal state regarding a position, for skeleton information at a first time point in the acquired time-series data, based on a feature amount regarding the skeleton information in the acquired time-series data; determine a model of a probability distribution that restricts a position of the specified any one portion, in the skeleton information at the first time point, based on the feature amount regarding the skeleton information in the acquired time-series data, according to a magnitude of a probability that the specified any one portion is in the abnormal state; generate a graph that includes a node that indicates a position of each portion at each time point and a first edge that couples between nodes that indicate positions of different portions biologically connected at each time point and in which the determined model is associated with the node that indicates the position of the any one portion; and correct the skeleton information at the first time point in the time-series data, based on the generated graph.
Conclusion
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/PHUOC TRAN/Primary Examiner, Art Unit 2668
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