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 .
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 3 and 17 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 3 and 17 recite the limitation "the image" in lines 1 and 2, respectively. There is insufficient antecedent basis for this limitation in the claim. The Examiner suggests replacing “the image” with –the first image--.
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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 11,514,717. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of the claims is substantially similar and recites similar limitations. It is because the claims in the continuation application are broader than the ones in the patent application, In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982).
For example, claim 1 of the present application recites “accessing”, “generating”, “receiving”, “determining” and “presenting” steps which are similar to claim 1 of the patented application. Furthermore, the cited patent have more limitations, thereby encompassing the present application's limitations.
Therefore, claim 1 of the present invention is broader than claim 1 of the patented application.
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 nonobviousness.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Khadloya et al., US 2019/0278976 in view of Goldenberg, US 2017/0262472.
Regarding claim 1, Khadloya discloses a computer-implemented method (figs. 1 and 3-4; para 0006; an intelligent face recognition system and method used for smart environment monitoring), comprising:
accessing, by a first device (figs. 1 and 3-4, element 108; a user device), a first image of a first face of a first person, the first image captured by a first camera of the first device (figs. 3-4; para 0057, 0095-0096, and 0105-0106; a mobile or web application executed on the user device 108 can be configured to capture a video or image and send the corresponding data to a face recognition engine for enrollment; a live camera can include guiding or instructing a user or individual to-be-enrolled to place the subject (e.g., the face to enroll) at a proper or suitable distance or orientation);
receiving, by the first device and from a second device comprising a second camera (figs. 1 and 3-4; element 102; a video camera), a second image comprising a second portion of a second face of a second person, the second camera having a viewable area comprising a particular location associated with the first device (figs. 3-4; para 0048, 0057, 0069, 0100, and 0110; the user device 108 can be used to establish two-way or one-way communication between the user and the environment that includes the camera 102. For example, a user can use the user device 108 to begin a conversation with an unknown person in the field of view of the camera 102, for example using cloud connectivity to initiate the communication between the mobile application of the user device 108 on one end and the camera 102 at the other end. In this example, video and/or audio information (e.g., detected face) from the camera 102 can be provided at the user device 108 substantially in real-time; the video camera 102 includes multiple cameras, such as can be installed in the same location or different locations. Examples of such locations include, but are not limited to, homes, roads, parking spaces, garages, toll booths, outside residential areas, outside office spaces, outside public places (such as malls, recreational areas, museums, libraries, hospitals, police stations, fire stations, schools, colleges), and the like);
determining, by the first device, a score that corresponds to a level of similarity between a first set of characteristics associated with the first portion of the first face of the first person and a second set of characteristics associated with the second portion of the second face of the second person (fig. 2; para 0057, 0067, 0070, and 0081; the face recognition engine 200 can be implemented in whole or in part in … the user device 108 from the system 100; the face recognition engine first processes each of one or multiple received images to identify one or more regions that are likely to include a human face or that include candidate faces or candidate facial features. Next, the face recognition engine can identify facial feature relationships and calculate an overall score based on one or more scores associated with the features. The overall score can correspond to a confidence that a particular known or enrolled human or individual is identified in the scene, as opposed to another human or a non-human object); and
presenting, by the first device, a notification about the second face corresponding to the first person based at least in part on the score (figs. 3-4; para 0068-0069, 0100, and 0110; provide an alert or notification to the user based on the recognition result; the system 100 can respond by providing information 324 about the face recognition event; the interface can include or display a timeline of events including an indication of when one or more enrolled individuals were visible, such as on a specified date or date range).
Khadloya discloses claim 1 as enumerated above, but Khadloya does not explicitly disclose generating, by the first device, an image cropping comprising a first portion of the first face, the image cropping based at least in part on the first image as claimed.
However, Goldenberg discloses detect face within a full color image; Output includes: image of detected face e.g. by cropping from the full image (para 0237-0238).
Therefore, taking the combined disclosures of Khadloya and Goldenberg as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate detect face within a full color image; Output includes: image of detected face e.g. by cropping from the full image as taught by Goldenberg into the invention of Khadloya for the benefit of improving face registration (Goldenberg: para 0237).
Regarding claim 2, the computer-implemented method of claim 1, Khadloya in the combination discloses wherein the method further comprises:
accessing a plurality of images stored on the first device, the plurality of images comprising the first image, each image of the plurality of images comprising a respective portion of first face of the first person (figs. 3-4; para 0057, 0095-0096, and 0105-0106); and
determining, for each image of the plurality of images, a respective level of information to be used to determine the score, wherein the first image is accessed based at least in part on the respective level of information (fig. 2; para 0057, 0067, 0070, and 0081).
Regarding claim 3, the computer-implemented method of claim 1, Khadloya in the combination discloses wherein the image is associated with a first level of image quality (para 0096 and 0106) and the second image is associated with a second level of image quality that is different from the first level of image quality (para 0096 and 0106).
Regarding claim 4, the computer-implemented method of claim 1, Khadloya in the combination discloses wherein the method further comprises:
receiving a first plurality of labeled images captured by the first camera, the first plurality of labeled images respectively comprising a portion of a third face of a third person (para 0057 and 0070-0075);
receiving a second plurality of labeled images captured by the second camera, the second plurality of labeled images respectively comprising a portion of the third face of the third person (para 0057 and 0070-0075); and
determining a faceprint for the third person based at least in part on a cross-recognition computing operation, the cross-recognition computing operation associating characteristics of the third face determined from the first plurality of labeled images with characteristics of the third face determined from the second plurality of labeled images, wherein the score is determined based at least in part on determining the faceprint for the third person (para 0057, 0067, 0070, and 0081).
Regarding claim 5, the computer-implemented method of claim 1, Khadloya in the combination discloses wherein the level of similarity is a first level of similarity (para 0057, 0067, 0070, and 0081), and wherein the method further comprises:
receiving an input indicating that a third image captured by the second camera comprises the first person (para 0057, 0067, 0070, and 0081);
determining a second level of similarity between the first image and the third image (para 0057, 0067, 0070, and 0081);
determining that the first image comprises the first person based at least in part on the second level of similarity (para 0057, 0067, 0070, and 0081); and
determining a tag for the first image, the tag indicating that the first image comprises the first person, wherein the first image is accessed based at least in part on the tag (para 0057, 0067, 0070, and 0081).
Regarding claim 6, the computer-implemented method of claim 1, Khadloya in the combination discloses wherein the method further comprises:
determining that the first person is the second person based at least in part on the score, wherein the notification indicates that the second person is a contact associated with the first device (fig. 2; para 0057, 0067, and 0081); or
determining that the first person is not the second person based at least in part on the score, wherein the notification indicates that the second person is not a contact associated with the first device (fig. 2; para 0057, 0067, and 0081).
Regarding claim 7, the computer-implemented method of claim 1, Khadloya in the combination discloses wherein the second device is an observational camera device (para 0048).
Regarding claim 8, Khadloya discloses a first device (figs. 1 and 3-4, element 108; a user device), comprising:
one or more processors (fig. 5, element 1302; para 0114; processors); and
one or more computer-readable media including a sequence of instructions that, when executed (para 0121; storage unit 1316 can store one or more sets of instructions and data structures (e.g., software) embodying or used by any one or more of the methodologies or functions described herein. These instructions (e.g., the instructions 1308), when executed by processors 1302), cause the one or more processors to:
access a first image of a first face of a first person, the first image captured by a first camera of the first device (figs. 3-4; para 0057, 0095-0096, and 0105-0106; a mobile or web application executed on the user device 108 can be configured to capture a video or image and send the corresponding data to a face recognition engine for enrollment; a live camera can include guiding or instructing a user or individual to-be-enrolled to place the subject (e.g., the face to enroll) at a proper or suitable distance or orientation);
receiving, by the first device and from a second device comprising a second camera (figs. 1 and 3-4; element 102; a video camera), a second image comprising a second portion of a second face of a second person, the second camera having a viewable area comprising a particular location associated with the first device (figs. 3-4; para 0048, 0057, 0069, 0100, and 0110; the user device 108 can be used to establish two-way or one-way communication between the user and the environment that includes the camera 102. For example, a user can use the user device 108 to begin a conversation with an unknown person in the field of view of the camera 102, for example using cloud connectivity to initiate the communication between the mobile application of the user device 108 on one end and the camera 102 at the other end. In this example, video and/or audio information (e.g., detected face) from the camera 102 can be provided at the user device 108 substantially in real-time; the video camera 102 includes multiple cameras, such as can be installed in the same location or different locations. Examples of such locations include, but are not limited to, homes, roads, parking spaces, garages, toll booths, outside residential areas, outside office spaces, outside public places (such as malls, recreational areas, museums, libraries, hospitals, police stations, fire stations, schools, colleges), and the like);
determine a score that corresponds to a level of similarity between a first set of characteristics associated with the first portion of the first face of the first person and a second set of characteristics associated with the second portion of the second face of the second person (fig. 2; para 0057, 0067, 0070, and 0081; the face recognition engine 200 can be implemented in whole or in part in … the user device 108 from the system 100; the face recognition engine first processes each of one or multiple received images to identify one or more regions that are likely to include a human face or that include candidate faces or candidate facial features. Next, the face recognition engine can identify facial feature relationships and calculate an overall score based on one or more scores associated with the features. The overall score can correspond to a confidence that a particular known or enrolled human or individual is identified in the scene, as opposed to another human or a non-human object);
determine whether the first person is the second person based at least in part on the score (fig. 2; para 0057, 0067, 0070, and 0081; determine whether a face is detected and whether it matches an enrolled person. If an enrolled face is detected, then the face recognition engine can return the attributes associated with that person, such as together with a time stamp, person name, confidence level, bounding box location of the face, or a frame number. If a face is detected but not determined to be part of the enrolled list of users, then the face recognition engine can return an unknown face detected event, such as together with the time stamp, bounding box, location of the face, or the frame number of the face found in the video; the face recognition engine can identify facial feature relationships and calculate an overall score based on one or more scores associated with the features. The overall score can correspond to a confidence that a particular known or enrolled human or individual is identified in the scene, as opposed to another human or a non-human object); and
present a notification about the second face corresponding to the first person based at least in part on the score (figs. 3-4; para 0068-0069, 0100, and 0110; provide an alert or notification to the user based on the recognition result; the system 100 can respond by providing information 324 about the face recognition event; the interface can include or display a timeline of events including an indication of when one or more enrolled individuals were visible, such as on a specified date or date range).
Khadloya discloses claim 8 as enumerated above, but Khadloya does not explicitly disclose generating, by the first device, an image cropping comprising a first portion of the first face, the image cropping based at least in part on the first image as claimed.
However, Goldenberg discloses detect face within a full color image; Output includes: image of detected face e.g. by cropping from the full image (para 0237-0238).
Therefore, taking the combined disclosures of Khadloya and Goldenberg as a whole, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate detect face within a full color image; Output includes: image of detected face e.g. by cropping from the full image as taught by Goldenberg into the invention of Khadloya for the benefit of improving face registration (Goldenberg: para 0237).
Regarding claim 9, this claim recites substantially the same limitations that are performed by claim 2 above, and it is rejected for the same reasons.
Regarding claim 10, this claim recites substantially the same limitations that are performed by claim 3 above, and it is rejected for the same reasons.
Regarding claim 11, this claim recites substantially the same limitations that are performed by claim 4 above, and it is rejected for the same reasons.
Regarding claim 12, this claim recites substantially the same limitations that are performed by claim 5 above, and it is rejected for the same reasons.
Regarding claim 13, this claim recites substantially the same limitations that are performed by claim 6 above, and it is rejected for the same reasons.
Regarding claim 14, this claim recites substantially the same limitations that are performed by claim 7 above, and it is rejected for the same reasons.
Regarding claim 15, this claim recites substantially the same limitations that are performed by claim 8 above, and it is rejected for the same reasons.
Regarding claim 16, this claim recites substantially the same limitations that are performed by claim 2 above, and it is rejected for the same reasons.
Regarding claim 17, this claim recites substantially the same limitations that are performed by claim 3 above, and it is rejected for the same reasons.
Regarding claim 18, this claim recites substantially the same limitations that are performed by claim 4 above, and it is rejected for the same reasons.
Regarding claim 19, this claim recites substantially the same limitations that are performed by claim 5 above, and it is rejected for the same reasons.
Regarding claim 20, this claim recites substantially the same limitations that are performed by claim 6 above, and it is rejected for the same reasons.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bart et al., US 2018/0350213 discloses integrating a monitoring system with a touchless doorbell device that includes a camera that utilizes video analytics combined with PIR technology to detect a visitor at the monitored property.
Vos et al., US 2020/0151977 discloses a system uses a visitor filtration apparatus to encode and store time-windows for expected visitors and generate optical credentials as visitor indicia and policies to greet, transform messages, and determine various access to visitors, both expected or unexpected.
Goulden et al., US 2019/0087646 discloses a method of detecting and responding to a visitor to a smart home environment via an electronic greeting system of the smart home environment.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VAN D HUYNH whose telephone number is (571)270-1937. The examiner can normally be reached 8AM-6PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephen R Koziol can be reached at (408) 918-7630. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VAN D HUYNH/Primary Examiner, Art Unit 2665
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