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 .
Status of Claims
This communication is in response to the Application Filed on 09/24/2024
Claims 1–12 are pending in this application.
Drawings
The drawing(s) filed on 09/24/2024 are accepted by the Examiner.
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.
Claim(s) 5, 6, 11 and 12 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 5 and 11 recites the limitation "predetermined pose gesture" in in the first line. There is insufficient antecedent basis for this limitation in the claim. For purpose of examination the Examiner is interpreting it as “the predetermined pose”.
Claims 6 and 12 recites the limitation "predetermined gesture" in the first line. There is insufficient antecedent basis for this limitation in the claim. For purpose of examination the Examiner is interpreting it as the gesture performed in the search area.
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 (i.e., changing from AIA to pre-AIA ) 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, 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.
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 non-obviousness.
Claim(s) 1, 5–7, 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Jones et al. (US 20200202628 A1, hereafter, "Jones") in view of Dalal (US 20110304541 A1, hereafter, "Dalal").
Regarding claim 1, Jones teaches an apparatus that communicates with an image capture apparatus configured to capture video data (See Jones, ¶ [0084], The method includes receiving data from a sensor 503. The sensor may be a still camera or a video camera sensitive to visible light, infrared light, or any other spectrum of light. The sensor may be an ultrasound sensor, a sonar sensor, or a radar sensor. Any type of sensor may be used, depending on the embodiment), the apparatus comprising:
one or more memories storing instructions (See Jones, [FIG. 4], 430 Memory);
one or more processors that, upon execution of the instructions stored in the one or more memories (See Jones, [FIG. 4], 410 Processor), are configured to:
receive video data from the image capture apparatus (See Jones, ¶ [0084], The method includes receiving data from a sensor 503. The sensor may be a still camera or a video camera sensitive to visible light, infrared light, or any other spectrum of light. The sensor may be an ultrasound sensor, a sonar sensor, or a radar sensor. Any type of sensor may be used, depending on the embodiment. See also [FIG. 5]);
identifying at least one subject in the received video data that is in a predetermined pose (See Jones, ¶ [0085], An individual is detected in the sensor data 505. ¶ [0087], The method continues by determining a body pose 520 based on the first situation of the at least one body part. The situation of the at least one body part may include a position and/or orientation of one or more of the individual body parts included in the at least one body part. See also [FIG. 5]);
identify a first position on the subject identified as being in the predetermined pose (See Jones, ¶ [0087], The method continues by determining a body pose 520 based on the first situation of the at least one body part. The situation of the at least one body part may include a position and/or orientation of one or more of the individual body parts included in the at least one body part. See also [FIG. 5]);
generate a pose region surrounding the identified subject having the identified first position (See Jone, ¶ [0087], As one non-limiting example, a triangle may be created 524 with a first vertex based on a first position of a first body part, a second vertex based on a second position of a second body part, and a third vertex based on a third position of the third body part. The body pose may then be determined based on characteristics of the triangle. Note: Examiner is interpreting the triangle as the pose region);
[generate a search region that includes a portion of the identified subject proximate to the first position;
search within the search region for a gesture being performed by the one or more subjects]; and
execute a processing operation corresponding to the detected gesture (See Jones, ¶ [0090], The method also includes deciding on an action 530 based on the body pose. In embodiments where a gesture is recognized, the action may be based on the gesture).
However, Jones fail(s) to teach generate a search region that includes a portion of the identified subject proximate to the first position; search within the search region for a gesture being performed by the one or more subjects.
Dalal, working in the same field of endeavor, teaches: generate a search region that includes a portion of the identified subject proximate to the first position (See Dalal, ¶ [0020], Step S120, which includes identifying object search area of the images, functions to determine at least one portion of an image to process for gesture detection. Identifying an object search area preferably includes detecting and excluding background areas of an image and/or detecting and selecting motion regions of an image. Additionally or alternatively, past gesture detection and/or object detection may be used to determine where processing should occur. Note: Object detection takes into account the position of object and so the examiner is interpreting using object detection for determining the search area as generating a search area proximate to the object position);
search within the search region for a gesture being performed by the one or more subjects (See Dalal, ¶ [0023], Steps S130 and S132, which include detecting a first gesture object in the search area of an image of a first instance and detecting a second gesture object in the search area of an image of at least a second instance).
Thus, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Jones’s reference to generate a search region that includes a portion of the identified subject proximate to the first position; search within the search region for a gesture being performed by the one or more subjects based on the method of Dalal’s reference. The suggestion/motivation would have been to accurately determine gestures and timely perform actions as a result of gestures (See Dalal, ¶ [0003, 0018]).
Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results.
Therefore, it would have been obvious to combine Dalal with Jones to obtain the invention as specified in claim 1.
Regarding claim 5, Jones teaches the apparatus according to claim 1, wherein the predetermined pose gesture includes a hand raising action (See Jones, ¶ [0087], In other embodiments, the body pose may be determined by an angle of the individual's elbow if their upper arm is near horizontal, or a distance between the individual's feet while they have both hands raised above their head).
Regarding claim 6, Jones teaches the apparatus according to claim 1, wherein the predetermined gesture includes a hand sign (See Jones, ¶ [0087], In some embodiments, traditional hand signals, such as touching the top of one's head with the fingers pointed down to signify “OK” or waving both arms up and down to signify “I need help!”, may be recognized (i.e. determined)).
Regarding claim 7, claim 7 is rejected the same as claim 1 and the arguments similar to that presented above for claim 1 are equally applicable to the claim 7, and all of the other limitations similar to claim 1 are not repeated herein, but incorporated by reference
Regarding claim 11, claim 11 is rejected the same as claim 5 and the arguments similar to that presented above for claim 5 are equally applicable to the claim 11, and all of the other limitations similar to claim 5 are not repeated herein, but incorporated by reference.
Regarding claim 12, claim 12 is rejected the same as claim 6 and the arguments similar to that presented above for claim 6 are equally applicable to the claim 12, and all of the other limitations similar to claim 6 are not repeated herein, but incorporated by reference.
Claim(s) 2 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Jones et al. (US 20200202628 A1, hereafter, "Jones") in view of Dalal (US 20110304541 A1, hereafter, "Dalal") further in view of Seo et al. (US 20230401774 A1, hereafter, "Seo").
Regarding claim 2, Jones in view of Dalal teaches the apparatus according to claim 1, wherein execution of the stored instructions further configure the one or more processors (See Jones, [FIG. 4], 410 Processor) to:
[identify, based on the first position, a second position on the subject that is above the first position relative a ground surface;
generate a face region surrounding the identified second position;
wherein the search region is generated based on the position of the face region and the identified first position in the pose region].
However, Jones and Dalal fail(s) to teach identify, based on the first position, a second position on the subject that is above the first position relative a ground surface; generate a face region surrounding the identified second position; wherein the search region is generated based on the position of the face region and the identified first position in the pose region.
Seo, working in the same field of endeavor, teaches: identify, based on the first position, a second position on the subject that is above the first position relative a ground surface (See Seo, ¶ [0144], In addition, as shown in FIG. 15, the face or hand region may be detected from a direction, a size, and a rotation range of the face or the hand based on the detected joint of the neck or the wrist. Note: The neck join position is located under the head. The examiner is interpreting the second position as the face region);
generate a face region surrounding the identified second position (See Seo, ¶ [0144], In addition, as shown in FIG. 15, the face or hand region may be detected from a direction, a size, and a rotation range of the face or the hand based on the detected joint of the neck or the wrist. Note: The neck join position is located under the head. The examiner is interpreting the second position as the face region);
wherein the search region is generated based on the position of the face region and the identified first position in the pose region (See Seo, ¶ [0148], That is, according to the present invention, the high-resolution video for a region corresponding to positions of the face and the hand may be extracted as compared with a position of the entire body, and joints and skeletons of the face and the hand may be searched for only in a selected region of the high-resolution video. Therefore, according to the present invention, in order to increase efficiency of processing an image for a high resolution, which requires a long time, a search region for face and hand parts may be minimized).
Thus, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Jones’s reference to identify, based on the first position, a second position on the subject that is above the first position relative a ground surface; generate a face region surrounding the identified second position; wherein the search region is generated based on the position of the face region and the identified first position in the pose region based on the method of Seo’s reference. The suggestion/motivation would have been to precisely detect gestures and extract joints in low resolution video (See Seo, ¶ [0001–0018]).
Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results.
Therefore, it would have been obvious to combine Seo with Jones and Dalal to obtain the invention as specified in claim 2.
Regarding claim 8, claim 8 is rejected the same as claim 2 and the arguments similar to that presented above for claim 2 are equally applicable to the claim 8, and all of the other limitations similar to claim 2 are not repeated herein, but incorporated by reference.
Claim(s) 3, 4, 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Jones et al. (US 20200202628 A1, hereafter, “Jones”) in view of Dalal (US 20110304541 A1, hereafter, “Dalal”) further in view of Seo et al. (US 20230401774 A1, hereafter, “Seo”) further in view of Murakami et al. (US 20140247374 A1, hereafter, "Murakami") and further in view of Sabe et al. (US 20090060290 A1, hereafter, "Sabe").
Regarding claim 3, Jones in view of Dalal teaches The apparatus according to claim 1, wherein, execution of the stored instructions further configure the one or more processors (See Jones, [FIG. 4], 410 Processor) to:
[identify, based on the first position, a second position on the subject that is above the first position relative a ground surface;
generate a face region having predetermined horizontal and vertical pixel values with the identified second position as a substantial center point thereof;
identify, within the face region, a presence of a predetermined portion of the subject; and
generate the search area to include the predetermined portion of the subject identified within the face region].
However, Jones and Dalal fail(s) to teach identify, based on the first position, a second position on the subject that is above the first position relative a ground surface; generate a face region having predetermined horizontal and vertical pixel values with the identified second position as a substantial center point thereof; identify, within the face region, a presence of a predetermined portion of the subject; and generate the search area to include the predetermined portion of the subject identified within the face region.
Seo, working in the same field of endeavor, teaches: identify, based on the first position, a second position on the subject that is above the first position relative a ground surface (See Seo, ¶ [0144], In addition, as shown in FIG. 15, the face or hand region may be detected from a direction, a size, and a rotation range of the face or the hand based on the detected joint of the neck or the wrist. Note: The neck join position is located under the head. The examiner is interpreting the second position as the face region).
Thus, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Jones’s reference to identify, based on the first position, a second position on the subject that is above the first position relative a ground surface based on the method of Seo’s reference. The suggestion/motivation would have been to precisely detect gestures and extract joints in low resolution video (See Seo, ¶ [0001–0018]).
However, Jones, Dalal and Seo fail(s) to teach generate a face region having predetermined horizontal and vertical pixel values with the identified second position as a substantial center point thereof; identify, within the face region, a presence of a predetermined portion of the subject; and generate the search area to include the predetermined portion of the subject identified within the face region.
Murakami, working in the same field of endeavor, teaches: identify, within the face region, a presence of a predetermined portion of the subject (See Murakami, ¶ [0121], In step S380, the tracking target determination section 35 sets a region, adjacent to the neck part of the tracking face region and extending in a positive axial direction of the first reference axis, as the search region); and
generate the search area to include the predetermined portion of the subject identified within the face region (See Murakami, ¶ [0121], In step S380, the tracking target determination section 35 sets a region, adjacent to the neck part of the tracking face region and extending in a positive axial direction of the first reference axis, as the search region. Note that the body region detection section 36 enlarges the search region in a direction perpendicular to the first reference axis. Note: the examiner in interpreting the predetermined portion as the neck part).
Thus, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Jones’s reference to identify, within the face region, a presence of a predetermined portion of the subject; and generate the search area to include the predetermined portion of the subject identified within the face region based on the method of Murakami’s reference. The suggestion/motivation would have been for more reliable tracking and detection (See Murakami, ¶ [0003–0008]).
However, Jones, Dalal, Seo and Murakami fail(s) to teach generate a face region having predetermined horizontal and vertical pixel values with the identified second position as a substantial center point thereof.
Sabe, working in the same field of endeavor, teaches: generate a face region having predetermined horizontal and vertical pixel values with the identified second position as a substantial center point thereof.
Thus, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Jones’s reference to generate a face region having predetermined horizontal and vertical pixel values with the identified second position as a substantial center point thereof based on the method of Sabe’s reference. The suggestion/motivation would have been to accurately frame a face to extract information (See Sabe, ¶ [0003–0006]).
Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results.
Therefore, it would have been obvious to combine Seo, Murakami and Sabe with Jones and Dalal to obtain the invention as specified in claim 3.
Regarding claim 4, Jones in view of Dalal further in view of Seo further in view of Murakami and further in view of Sabe teaches the apparatus according to claim 3, wherein, execution of the stored instructions further configure the one or more processors to:
[identify at least one other portion of the subject connected to the predetermined portion and which extends from the first position on the subject;
generate the search area to include the predetermined portion of the subject identified within the face region and the at least one other portion of the subject].
However, Jones, Dalal and Seo fail(s) to teach identify at least one other portion of the subject connected to the predetermined portion and which extends from the first position on the subject; generate the search area to include the predetermined portion of the subject identified within the face region and the at least one other portion of the subject.
Murakami, working in the same field of endeavor, teaches: identify at least one other portion of the subject connected to the predetermined portion and which extends from the first position on the subject (See Murakami, ¶ [0121], In step S380, the tracking target determination section 35 sets a region, adjacent to the neck part of the tracking face region and extending in a positive axial direction of the first reference axis, as the search region. Note that the body region detection section 36 enlarges the search region in a direction perpendicular to the first reference axis);
generate the search area to include the predetermined portion of the subject identified within the face region and the at least one other portion of the subject (See Murakami, ¶ [0121], In step S380, the tracking target determination section 35 sets a region, adjacent to the neck part of the tracking face region and extending in a positive axial direction of the first reference axis, as the search region. Note that the body region detection section 36 enlarges the search region in a direction perpendicular to the first reference axis).
Thus, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Jones’s reference to identify at least one other portion of the subject connected to the predetermined portion and which extends from the first position on the subject; generate the search area to include the predetermined portion of the subject identified within the face region and the at least one other portion of the subject based on the method of Murakami’s reference. The suggestion/motivation would have been for more reliable tracking and detection (See Murakami, ¶ [0003–0008]).
Further, one skilled in the art could have combined the elements as described above by known method with no change in their respective functions, and the combination would have yielded nothing more than predictable results.
Therefore, it would have been obvious to combine Murakami with Jones, Dalal, Seo and Sabe to obtain the invention as specified in claim 4.
Regarding claim 9, claim 9 is rejected the same as claim 3 and the arguments similar to that presented above for claim 3 are equally applicable to the claim 9, and all of the other limitations similar to claim 3 are not repeated herein, but incorporated by reference.
Regarding claim 10, claim 10 is rejected the same as claim 4 and the arguments similar to that presented above for claim 4 are equally applicable to the claim 10, and all of the other limitations similar to claim 4 are not repeated herein, but incorporated by reference.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Andreen (US 20160159320 A1) teaches in sub-step 202B of FIG. 8, the controller 50 is configured to search a predefined search area 308 around the face boundary 304 for the predefined webbing pattern, such as first/second webbing pattern 32A/32B. Referring to FIG. 2, the search area 308 around the face boundary 304 is searched in order to detect positioning of the shoulder portion 20 of the belt webbing 18, as opposed to the lap portion 22. Referring to FIG. 2, the search area 308 defines a search area width 310 (S.sub.W) and search area length 312 (S.sub.L). The search area width 310 (S.sub.W) and search area length 312 (S.sub.L) may be set up or configured as a linear function of the boundary width 305 (B.sub.w) and boundary length 306 (B.sub.L), respectively
Porikli et al. (US 20190213406 A1) teaches an activity recognition device comprises a port configured to receive a video stream from a video source for a first object and a second object; a memory configured to store instructions and image frames of the video stream; and one or more processors, wherein the one or more processors execute the instructions stored in the memory, the one or more processors configured to: select portions of the image frames based on presence of the first object; determine areas within the portions of image frames, wherein locations of the first object in the video frames are bounded by the determined areas; determine motion of the first object and locations of a second object within the areas of the image frames; and identify an activity according to the determined motion and locations of the second object, and generate an alert according to the identified activity.
Sakai et al. (US 9360931 B2) teaches a processing device, server, and method are provided. According to some illustrative embodiments, the device and method are implemented by detecting a face region of an image, setting at least one action region according to the position of the face region, comparing image data corresponding to the at least one action region to detection information for purposes of determining whether or not a predetermined action has been performed, and executing predetermined processing based on cooperation control information when it is determined that the predetermined action has been performed and the cooperation control information is received.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DION J SATCHER whose telephone number is (703)756-5849. The examiner can normally be reached Monday - Thursday 5:30 am - 2:30 pm, Friday 5:30 am - 9:30 am PST.
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, Henok Shiferaw can be reached at (571) 272-4637. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DION J SATCHER/Patent Examiner, Art Unit 2676
/SUMATI LEFKOWITZ/Supervisory Patent Examiner, Art Unit 2672
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