DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-20 are presented for examination on the merits.
Claim Rejections – 35 USC § 101
2. 35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
3. Claims 1-9 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claim 1-5 and 7-9 are directed to steps that can be interpreted as mental processes.
The claim is rejected under 35 U.S.C. § 101 because it is directed to an abstract idea, specifically a mental process (i.e., concepts performed in the human mind or with pen and paper), and the claim does not recite additional elements that amount to significantly more than the abstract idea. The claim is directed to a method performed by “at least one processing unit and a memory.” Thus, it nominally fits within the statutory category of a process. However, the mere use of generic computer components is not enough to confer eligibility.
Step 1: Statutory Categories,
The claim 1 is directed to “image processing apparatus.” Because the claim recites specific hardware configured to perform functions, it is directed to a Machine, claim 8 is directed to an “image processing method.” Because the claim recites a sequence of steps or acts, it is directed to a process and Claim 9, is directed to a “non-transitory computer readable storage medium.” Because the claim recites an article produced from a raw material, it is directed to a manufacture. Therefore, claims 1, 8 and 9 passes Step 1.
Step 2A, Prong 1: Does the claim recites a Judicial Exception?
Claims 1-5 and 7-9 recite a series of information-based steps, including: acquire and image capture, counting person, comparing numbers, acquire attribute information and determine whether number of persons exceeds. These steps are fundamental mathematics or mental tasks that a person could perform with a clicker and a clipboard. The claim does not recite a specific technical improvement to image recognition, processor and image capturing apparatus.
Step 2A, Prong 2 – Integration into a Practical Application:
The claim does not integrate the abstract idea into a practical application. The recited computer components (“processor,” “memory”) are generic and perform only basic data storage and processing. No improved computer technology, sensor system, control module, or vehicle operation is recited as being changed or controlled. The claim does not use the results (determine) to affect any real-world physical action in the vehicle, nor to improve the functioning of the computer itself. “determination” is an informational output, not a technical solution that changes how the vehicle or system operates. It ends at the “determination” step. Merely “determining” a status without a subsequent action often viewed as “collecting and analyzing data,” which does not integration the idea into a practical application. Claim 7 displays information, it specifically provides “guiding” and “urging” instructions. There is no specific improvement to the display.
Thus, the claim merely uses a generic computer as a tool to perform calculations and present feedback (display the result) activity consistently held to be insufficient for integration into a practical application.
Step 2B –Inventive Concept:
The claim does not contain additional elements that amount to “significantly more” than the abstract idea. Generic computer components performing their well-understood, routine, conventional functions do not supply an inventive concept. The recited operations acquire and image capture, counting person, comparing numbers, acquire attribute information and determine whether number of persons exceeds are typical information processing activities. There is no recited improvement to the processor, memory, or computer hardware. The only purported “action” is “determine the number of persons” in claim 1, which is not a technological improvement and does not transform the abstract idea into a patent-eligible application.
Thus, taken alone, the additional elements do not amount to significantly more than the above identified abstract idea. There is no indication that the elements either: a) improves another technology/technical fields; b) improves the functioning of the computer itself; c) applies the judicial exception with, or by user of a particular machine; d) effects a transformation or reduction of a particular article to a different state or thing; e) adds a specific limitation other than what is well-understood, routine and conventional in the field, or adding unconventional steps that confine the claim to a particular useful application; and f) includes other meaningful limitations beyond generally linking the use of an abstract idea to a particular technological environment.
There is no technical improvement or practical technological application or an improvement to vehicle safety or navigation systems. The outstanding claim language does not make this clear. The claim limitations: “The method comprising the steps of:” “identifying,” “downloading,” “comparing” and “generating” simply interpreted as data gathering, data analysis and a generic notification.
Claim 2-5 and 7 depend on claims 1 and they are not eligible under USC 101. They claim additional computer elements at a high level of generality, provide conventional computer functions that do not add meaningful limits to practicing the abstract idea.
Claim 6 depend on claims 1 therefore, it suffer the same deficiencies. However, claim 6 limitation is eligible under USC 101.
Claim Rejections - 35 USC § 102
4. 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
5. Claims 1-5 and 7-9 are rejected under 35 U.S.C. 102(a)(1) or 102(a)(2) as being anticipated by Xie (CN 101321272 A).
As to claim 1, Xie discloses in a security monitoring system and method for public transport having claimed:
a. an image processing apparatus comprising: at least one memory storing instructions; and at least one processor configured to execute the instructions read on Page 2, Para. 1, (public transportation tool provided by the safety monitoring system, comprising a monitoring camera for obtaining setting safety of public vehicle detection region of a video image, security detection unit, for according to the video image and set security conditions, detect current whether there is insecure factor in the security surveyed area, a warning unit used for the safe current detection area exists in unsafe factor, sending out warning information);
b. acquire an image capturing a target region generated by an image capturing apparatus acquire attribute information indicating at least a number of persons corresponding to the target region process the acquired image to obtain a number of persons in the target region; read on Page , Para. 5, (preferably, for detecting in the video image to obtain the present situation of people in the safe detecting area comprises: performing human detection in a current video image, obtaining the safety detecting area of current personnel number and/or location);
c. and determine whether the obtained number of persons exceeds the number of persons of the attribute information read on Page 4, Para. 4, (when the number of persons in the set area exceeds the maximum number threshold, determining there is insecure factor, otherwise, determining there is no factors. For example, when the public transport station, the setting area of the door inner performing human detection (can be by means of a digital head) to detect the number of persons in the area. when the person number exceeds a maximum number threshold, by flashing the alarm or voice prompt to remind the driver current personnel number is more, further can display).
As to claim 2, Xie further discloses:
a. wherein the target region is multiple, and the at least one processor is configured to execute the instructions to perform allocation of persons in such a way as not to exceed the number of persons in each of the target regions read on Page 4, Para. 5, (example: security surveyed area is the setting area of the common vehicle door outer, and setting the security condition comprises: the minimum distance from the door threshold, the security determination module is a common vehicle door set from door distance locations of people in the area is less than the minimum distance threshold, determining there is insecure factor, otherwise determines that no unsafe factors. For example, when the public transport station, the area of the pair of doors near to the human body detection and the door outer waiting position of a person displayed in the driving table, if the position of the doors distance from the door is less than the set minimum distance threshold, then by flashing the alarm or voice prompt to remind the driver to pay attention to avoid the passenger).
As to claim 3, Xie further discloses:
a. wherein the at least one processor is configured to execute the instructions to sequentially process images in real time as the images are acquired read on Page 2, Para. 2, (a detecting module, used for detecting in said video image to obtain the present situation of people in the safe detecting area, a safety judging module for when the people meets the set security conditions, determines that no unsafe factor, otherwise, determining there is insecure factor. Preferably, the detection module comprises a human body detecting module, for performing human detection in a current video image, the current staff condition comprises the number of people and/or location. Preferably, the security surveyed area is the common vehicle door and/or setting area of the outer door, the set security conditions comprises the maximum number of people threshold value and/or the minimum distance from door from the threshold value).
As to claim 4, Xie further discloses:
a. wherein the at least one processor is configured to execute the instructions to: store the acquired images in a storage; and process the images read from the storage read on Page 3, Para. 7, (wherein the human body detection module for performing human detection in a current video image, obtaining the safety detecting area of the public transport in the present number of persons and/or location. several methods wherein the human detection (including human head detection) can be made in the current technology, for example, can be based on background modeling and image difference method, also can adopt method based on statistics. and a differential method based on background modelling, firstly establishing a fixed area of the background image according to the video information for the current video image and the background image to obtain the foreground moving object, then extracts the human area using shape feature of human body. The advantage of the method is that it is easy to carry out, the speed is fast, but is suitable for detecting human body fixed area, the detection rate is not high. based on statistical method to collect a lot of human image sample and sample, then non-human body image according to the amount of sample to train the classifier. when detecting, the whole multi-scale video image area to search, find the human body area. based on the human body detection method for detecting rate of statistic is high, it is suitable for the fixed area and the unfixed area, but is relatively complex and slow detection speed. the human body detection mainly adopts method based on statistics).
As to claim 5, Xie further discloses:
a. wherein one of the target regions is divided into a plurality of parts read on Page 4, Para. 6, (example: security surveyed area is common vehicle door in the first setting area and the second setting area of the outer door panel, and the first setting area corresponding to the door in the set security conditions comprising: a maximum number threshold of personnel, corresponding to the safety condition of the second setting area set outside the door comprises a staff minimum distance from the door threshold. the security judging module 4 can be in a common vehicle door first the number of persons is greater than the set maximum number in the set area threshold, determining there is insecure factor, otherwise, determining that no unsafe factors, and the position in the second set region of the common vehicle door distance of the door is less than the minimum distance threshold, determining there is insecure factor, otherwise determines that no unsafe factors).
As to claim 7, Xie further discloses:
a. wherein the at least one processor is configured to execute the instructions to: in a case where the number of persons in the target region exceeds the number of persons of the attribute information, display, on a display apparatus, at least one pieces of information guiding from the target region to another place, and information urging to exit from the target region read on Page 4, Para. Page 6, Para. 12 also discloses, (In this step, the warning information can be the twinkling warning and/or voice warning and/or other alarm sound prompt. The above specific embodiment, the purpose of the invention, technology scheme and beneficial effect to the further described in detail, it should be understood that the above description is only the preferred embodiments of the present invention and is not intended to limit the protection scope of the present invention, within the spirit and principle of the present invention, done the any modification, equivalent replacing, improved and so on, are contained in the protection range of the invention).
As to claim 8, the claim is interpreted and rejected as to claim 1.
As to claim 9, the claim is interpreted and rejected as to claim 1.
Claim Rejections - 35 USC § 103
6. 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.
7. 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.
8. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Xie in view of Bai (CN 209208670 U).
As to claim 6, Xie further discloses:
a. wherein the at least one processor is configured to execute the instructions to: Read on Page 4, Para. 4, (When the number of persons in the set area exceeds the maximum number threshold, determining there is insecure factor, otherwise, determining there is no factors. For example, when the public transport station, the setting area of the door inner performing human detection (can be by means of a digital head) to detect the number of persons in the area. when the person number exceeds a maximum number threshold, by flashing the alarm or voice prompt to remind the driver current personnel number is more, further can display the current preparations for alighting personnel number and position. During specific implementation, near the bridge can also be provided with a display device to display the set near the door area of the video image for the driver to reference). Xie does not explicitly recite in a case where the number of persons in the target region exceeds the number of persons of the attribute information, close an entrance gate of the target region.
However, Bai in bus overload monitoring cures this deficiency by teaching that it may be beneficial:
b. in a case where the number of persons in the target region exceeds the number of persons of the attribute information, close an entrance gate of the target region read on Page 1, Para. 1, (he loading direction is positive and unloading direction is negative, and the pressure sensor 9 an infrared counter 13 completes one count, single chip 17 controls the voice announcer 6 broadcasting the current number of people in the vehicle, at the same time, are displayed on the display screen 11 in the image information and the vehicle camera 5 monitoring the obtained number information. to convenient for the driver to observe, when reaches the defined load number of people in vehicle, the single chip 17 controls the voice player 6 play " to full, attention to keep distance, namely closing the door, at the same time starting the electric switch 16. so that the contact rod 23 contact with the closing contact of the 25 by the rotation of the rotary cylinder 24, so as to realize automatic closing door 7, there is still the passenger boarding to prohibit full, when the door is closed is completed, switch 15 is started, by recycling of the electric telescopic rod 22).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention was filed to incorporate the a bus overload monitoring device based on single chip of Bai into Xie in order to monitor overloading.
Citation of pertinent Prior Arts
9. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: see PTO-892 Notice of References Cited.
Conclusion
10. If the claimed invention is amended, Applicant is respectfully requested to indicate the portion(s) of the specification, which dictate(s) the structure/description relied upon to assist the Examiner in proper interpretation of the amended language and also to verify and ascertain the metes and bounds of the claimed invention. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Fekadeselassie Girma whose telephone number is (571) 270-5886. The examiner can normally be reached on Monday thru Friday, 8:30 – 5:00. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph H. Feild can be reached on (571) 272-4090. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Fekadeselassie Girma/
Primary Examiner Art Unit 2689