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 .
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.
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Claims 1-2, 6-10, and 14-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5, 7-8, 10, and 12-14 of U.S. Patent No. 12,175,848 (hereinafter reference patent). Although the claims at issue are not identical, they are not patentably distinct from each other because they are obvious variants of each other.
Current Application
Reference Patent
1. A computer implemented method of privacy masking video data, the method comprising:
acquiring the video data and metadata associated with the video data,
the metadata describing an object or activity in the video data and including location data defining a location of the object or activity in a frame to which the metadata relates;
comparing the location data with privacy mask data defining a position of a privacy mask in the frame; and
based on the comparison, controlling displaying of information of the metadata.
2. The method according to claim 1, wherein the information of the metadata is a bounding box.
6. The method according to claim 1, wherein the information of the metadata is not displayed on the frame if it is determined that the location of the object or activity is in the position of the privacy mask in the frame.
7. The method according to claim 1, wherein the location data includes coordinates of a bounding box, the privacy mask is defined by coordinates, and the step of comparing the location data with the privacy mask data comprises determining if the bounding box overlaps the privacy mask based on the coordinates of the bounding box and the privacy mask.
8. A computer implemented method of carrying out a search based on metadata associated with video data, the method comprising
acquiring privacy mask data defining a position of a privacy mask in a frame of the video data, and acquiring the metadata associated with the video data,
the metadata describing an object or activity in the video data and including location data defining a location of the object or activity in the frame to which the metadata relates;
comparing the location data with the privacy mask data defining the position of the privacy mask in the frame; and
based on the comparison, carrying out the search for metadata matching a search criterion.
9. The method according to claim 8, wherein, if it is determined that the location of the object or activity is in the position of the privacy mask in the frame, the metadata whose location is in the position of the privacy mask is excluded from the result of the search.
10. The method according to claim 8, wherein, if it is determined that the location of the object or activity is in the position of the privacy mask in the frame, video data corresponding to the metadata whose location is in the position of the privacy mask is excluded from the result of the search.
14. The method according to claim 8, wherein information of the metadata is not displayed on the frame if it is determined that the location of the object or activity is in the position of the privacy mask in the frame.
15. A system for privacy masking video data, the system comprising: one or more processors; and one or more memories storing instructions that, when executed by the one or more processors, cause the
one or more processors to:
acquire the video data and metadata associated with the video data,
the metadata describing an object or
activity in the video data and including location data defining a location of the object or activity in a frame to which the metadata relates;
compare the location data with privacy mask data defining a position of a privacy mask in the frame; and
based on the comparison, control displaying of information of the metadata.
16. The system according to claim 15, wherein the information of the metadata is not displayed if it is determined that the location of the object or activity is in the position of the privacy mask in the frame.
17. A system for carrying out a search based on metadata associated with video data, the system comprising:
one or more processors; and
one or more memories storing instructions that, when executed by the one or more processors, cause the
one or more processors to:
acquire privacy mask data defining a position of a privacy mask in a frame of the video data, and acquire the metadata associated with the video data, the metadata describing an object or activity in the video data and including location data defining a location of the object or activity in the frame to which the metadata relates;
compare the location data with the privacy mask data defining the position of the privacy mask in the frame; and
based on the comparison, carry out the search for metadata matching a search criterion.
18. The system according to claim 17, wherein information of the metadata is not displayed on the frame if it is determined that the location of the object or activity is in the position of the privacy mask in the frame.
19. A non-transitory computer-readable medium including a computer program which, when run on a computer, causes the computer to carry out the method
according to claim 1.
20. A non-transitory computer-readable medium including a computer program which, when run on a computer, causes the computer to carry out the method
according to claim 8.
1. A computer implemented method of privacy masking video surveillance data, wherein the video surveillance data includes metadata associated with video data,
implicitly implied in steps “comparing” below, in which the metadata is acquired first before comparing, and the comparing requires acquisition of the frame of the video data.
the metadata describing objects or activity in the video data and including location data defining a location within a frame of the object or activity to which the metadata relates, comprising:
comparing the location data with privacy mask data defining a position of a privacy mask in the frame; and
based on the comparison, determining if the metadata is to be masked and masking the metadata if it is determined that the metadata is to be masked.
Examiner interprets masking the metadata as “blocking the information from being revealed, thus including preventing the information of the metadata from being displayed, i.e. either removing the information from being displayed, blurring, blacking out, or redacting the information.
4. The method according to claim 1, wherein the location data includes coordinates of a bounding box, and wherein the privacy mask is defined by coordinates and the step of comparing the location data with privacy mask data comprises determining if the bounding box overlaps the privacy mask based on the coordinates of the bounding box and the privacy mask.
2. The method according to claim 1, wherein masking the metadata comprises excluding the metadata.
Examiner interprets excluding the metadata as “blocking the information from being revealed, thus including preventing the information of the metadata from being displayed, i.e. either removing the information from being displayed, blurring, blacking out, or redacting the information.
3. The method according to claim 1, wherein masking the metadata comprises flagging the metadata as masked such that it is excluded by a subsequent search.
4. The method according to claim 1, wherein the location data includes coordinates of a bounding box, and wherein the privacy mask is defined by coordinates and the step of comparing the location data with privacy mask data comprises determining if the bounding box overlaps the privacy mask based on the coordinates of the bounding box and the privacy mask.
5. A computer implemented method of searching video surveillance data based on metadata associated with the video surveillance data comprising carrying out the method of privacy masking video surveillance data, wherein
implicitly implied in steps “comparing” below, in which the metadata is acquired first before comparing, and the comparing requires acquisition of the privacy mask data in the frame of the video data.
the video surveillance data includes metadata associated with video data, the metadata describing objects or activity in the video data and including location data defining a location within a frame of the object or activity to which the metadata relates, comprising:
comparing the location data with privacy mask data defining a position of a privacy mask in the frame;
based on the comparison, determining if the metadata is to be masked and masking the metadata if it is determined that the metadata is to be masked; and carrying out a search for metadata matching a search criterion.
7. The method according to claim 5, wherein the search is carried out after the masking such that the search is carried out on the masked metadata.
Also see the limitation of “if the metadata is to be masked and masking the metadata if it is determined that the metadata is to be masked” recited in claim 5 of reference patent above.
Since at least the search is carried out after masking the metadata, the masked metadata have been excluded before the search is carried out, thus excluded from the result of the search.
8. The method according to claim 5, comprising the step of retrieving image data from the video data corresponding to the masked search results.
Claim 8 of reference patent implies that “video data corresponding to the masked metadata is excluded from the result of the search.”
See claim 5 of reference patent, in which Examiner interprets masking the metadata as “blocking the information from being revealed, thus including preventing the information of the metadata from being displayed, i.e. either removing the information from being displayed, blurring, blacking out, or redacting the information.
10. A system for privacy masking video surveillance data, wherein the video surveillance data includes metadata associated with video data,
implicitly implied in steps “comparing” below, in which the metadata is acquired first before comparing, and the comparing requires acquisition of the frame of the video data.
the metadata describing objects or activity in the video data and including location data defining a location within a frame of the object or activity to which the metadata relates, comprising:
masking means configured to comparing the location data with privacy mask data defining a position of a privacy mask in the frame; and
based on the comparison, determine if the metadata is to be masked and mask the metadata if it is determined that the metadata is to be masked.
See claim 10 of reference patent, in which Examiner interprets masking the metadata as “blocking the information from being revealed, thus including preventing the information of the metadata from being displayed, i.e. either removing the information from being displayed, blurring, blacking out, or redacting the information
See claim 10 of reference patent, and further:
12. The system according to claim 10, further comprising search means configured to carry out a search for metadata matching a search criterion.
13. The system according to claim 12, wherein the search means is configured to carry out the search before the masking such that the masking is carried out on the metadata matching the search criterion.
14. The system according to claim 12, wherein the search means is configured to carry out the search after the masking such that the search is carried out on the masked metadata.
See claim 12 of reference patent, in which Examiner interprets masking the metadata as “blocking the information from being revealed, thus including preventing the information of the metadata from being displayed, i.e. either removing the information from being displayed, blurring, blacking out, or redacting the information
See claim 1 of reference patent above. Claim 1 of reference patent does not recite a non-transitory computer-readable medium including a computer program which, when run on a computer, causes the computer to carry out the method.
Official Notice is taken that one of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate a non-transitory computer-readable medium including a computer program which, when run on a computer, causes the computer to carry out the method recited in claim 1 of reference patent because such an implementation would have been advantageous due to low cost and easiness to maintain and upgrade.
See claim 5 of reference patent above. Claim 5 of reference patent does not recite a non-transitory computer-readable medium including a computer program which, when run on a computer, causes the computer to carry out the method.
Official Notice is taken that one of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate a non-transitory computer-readable medium including a computer program which, when run on a computer, causes the computer to carry out the method recited in claim 8 of reference patent because such an implementation would have been advantageous due to low cost and easiness to maintain and upgrade.
Claims 3, 5, 11, and 13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5, 7-8, 10, and 12-14 of reference patent as applied to claims 1-2, 6-10, and 14-20 above, and further in view of Takatsuka et al. (US 2022/0375197 A1 – hereinafter Takatsuka).
Regarding claim 3, see claim 1 of reference patent. However, claim 1 of reference patent does not recite “the information of the metadata is information of at least one of colour, model, license plate, and location of a vehicle.”
Takatsuka discloses information of metadata is information of at least one of colour, model, license plate, and location of a vehicle ([0115]).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the teachings of Takatsuka into the method recited in claim 1 of reference patent to identify various important information of objects under surveillance.
Regarding claim 5, see claim 1 of reference patent. However, claim 1 of reference patent does not recite “the information of the metadata is information indicating characteristic of a detected object including at least one of a colour, a model of a vehicle, and gender of a person.”
Takatsuka discloses information of metadata is information indicating characteristic of a detected object including at least one of a colour, a model of a vehicle, and gender of a person ([0114]-[0115]).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the teachings of Takatsuka into the method recited in claim 1 of reference patent to identify various important information of objects under surveillance.
Claim 11 is rejected as being unpatentable over claim 5 of reference patent in view of Takatsuka for the same reason as discussed in claim 3 above.
Claim 13 is rejected as being unpatentable over claim 5 of reference patent in view of Takatsuka for the same reason as discussed in claim 5 above.
Claims 4 and 12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5, 7-8, 10, and 12-14 of reference patent as applied to claims 1-2, 6-10, and 14-20 above, and further in view of Ito (US 2019/0073813 A1 – hereinafter Ito).
Regarding claim 4, see claim 1 of reference patent. However, claim 1 of reference patent does not recite “the information of the metadata is information indicating a type of a detected object including at least one of a person, a car, a dog, and a bicycle.”
Ito discloses information of metadata is information indicating a type of a detected object including at least one of a person, a car, a dog, and a bicycle (Fig. 3).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the teachings of Ito into the method recited in claim 1 of reference patent to identify various important information of objects under surveillance.
Claim 12 is rejected as being unpatentable over claim 5 of reference patent in view of Takatsuka for the same reason as discussed in claim 4 above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUNG Q DANG whose telephone number is (571)270-1116. The examiner can normally be reached IFT.
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/HUNG Q DANG/Primary Examiner, Art Unit 2484