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 .
Priority
This application repeats a substantial portion of prior Application No. 14/451,067, filed 08/04/2014, and adds disclosure not presented in the prior application. Because this application names the inventor or at least one joint inventor named in the prior application, it constitutes a continuation-in-part of the prior application.
This application discloses and claims only subject matter disclosed in prior Application No. 16/867,316, filed 05/05/2020, and names the inventor or at least one joint inventor named in the prior application. Accordingly, this application constitutes a continuation.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/04/2024, 01/17/2025, 04/11/2025 were considered by the examiner.
Drawings
The drawings were received on 12/04/2024. These drawings are acceptable.
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 1-3, 7-12, and 15-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 8, and 15 of U.S. Patent No. 12,217,583 B2 in view of Wang et al. US 2013/0166711 A1, hereafter Wang.
Instant Application No. 18/968,705
Claim 1
US Patent No. 12,217,583 B2
Claim 15
A system, comprising: a camera at a camera location and configured to capture video;
A system, comprising: at least one camera at a camera location and configured to capture one or more videos and one or more images;
a storage device at the camera location and configured to store the captured video; and
at least one storage device at the camera location and communicatively coupled to the at least one camera; and a communication device at the camera location and communicatively coupled to at least one of the at least one storage device or the at least one camera.
a server remote from the camera location and including an application program configured to, via a metered connection
the system configured to: download, from the camera location to a cloud device over a metered connection, and
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store at the cloud device, at least one image of the one or more images captured at the camera location; enable the at least one downloaded image to be displayed at an electronic device remote from the camera location; and
in response to receipt of an input identifying a time range, download, from the camera location to the server, a specific portion of a number of previously captured videos stored on the storage device without downloading every other portion of the number of previously captured videos, the specific portion captured within the time range.
in response to a user input associated with a displayed image of the at least one downloaded image, download, from the camera location to the cloud device over the metered connection, and store at the cloud device, a specific portion of the one or more videos captured at the camera location without downloading every other portion of the one or more videos, the specific portion associated with the displayed image.
Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of the instant application differs from claim 15 of the U.S. Patent in that the instant application is broader in scope and also includes an input identifying a time range; and the specific [video] portion captured within the time range. However, this is well known in the art as disclosed by Wang, which is in the same field of endeavor. Wang discloses a user requesting video clips from security cameras within an inputted time range [0021]. Therefore, it would have been obvious to use the video search using a time range as disclosed by Wang, the motivation being enable a user to analyze video content [0021].
Regarding claim 2 with respect to claim 15 of the US Patent, although the claims at issue are not identical, they are not patentably distinct from each other because claim 2 of the instant application differs from claim 15 of the U.S. Patent in that the instant application is broader in scope and also includes wherein the camera is configured to record video based on at least one of a defined schedule or responsive to a detected event. However, this is well known in the art as disclosed by Wang, which is in the same field of endeavor. Wang discloses a real-time event detection service [FIG. 3]. Therefore, it would have been obvious to use the video search using a time range as disclosed by Wang, the motivation being tracking objects [0005].
Regarding claim 3 with respect to claim 15 of the US Patent, although the claims at issue are not identical, they are not patentably distinct from each other because claim 3 of the instant application differs from claim 15 of the U.S. Patent in that the instant application is broader in scope and also includes the application program is further configured to enable a user to select the time range via a user interface of a user device. However, this is well known in the art as disclosed by Wang, which is in the same field of endeavor. Wang discloses a user requesting video clips from security cameras within an inputted time range [0021]. Therefore, it would have been obvious to use the video search using a time range as disclosed by Wang, the motivation being enable a user to analyze video content [0021].
Instant Application No. 18/968,705
Claim 7
US Patent No. 12,217,583 B2
Claim 15
The system of claim 1, wherein the application program is further configured to download time-stamped images from the camera location to the server via the metered connection.
download, from the camera location to a cloud device over a metered connection, and store at the cloud device, at least one image of the one or more images captured at the camera location
Although the claims at issue are not identical, they are not patentably distinct from each other because claim 7 of the instant application differs from claim 15 of the U.S. Patent in that the instant application is broader in scope and also includes time-stamps. However, this is well known in the art as disclosed by Wang, which is in the same field of endeavor. Wang discloses time stamps [0037]. Therefore, it would have been obvious to use the video search using a time range as disclosed by Wang, the motivation being enable a user to analyze video content [0021].
Instant Application No. 18/968,705
Claim 8
US Patent No. 12,217,583 B2
Claim 1
A system, comprising:
A system, comprising: at least one camera at a camera location and configured to record one or more videos and one or more images; and
an application program configured to:
an application program configured to: download, from the camera location to a cloud device over a metered connection, and store at the cloud device, at least one image of the one or more images captured at the camera location;
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enable the at least one downloaded image to be displayed via an electronic device remote from the camera location; and
in response to input indicative of at least one of a date or a time, download, from a remote camera system to a cloud device over a metered connection, and store at the cloud device, a specific portion of one or more videos captured by and stored at the remote camera system; and
in response to user input associated with a downloaded and displayed image of the at least one downloaded and displayed image and via the electronic device, download, from the camera location to the cloud device over the metered connection, and store at the cloud device, a specific portion of the one or more videos previously captured at the camera location and associated with the downloaded and displayed image.
enable the specific portion of the one or more videos to be accessed via an electronic device.
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Although the claims at issue are not identical, they are not patentably distinct from each other because claim 8 of the instant application differs from claim 1 of the U.S. Patent in that the instant application is broader in scope and also includes an input indicative of a date or a time; and enable the specific portion of the one or more videos to be accessed via an electronic device. However, this is well known in the art as disclosed by Wang, which is in the same field of endeavor. Wang discloses a user requesting video clips from security cameras within an inputted time range [0021]. Therefore, it would have been obvious to use the video search using a time range as disclosed by Wang, the motivation being enable a user to analyze video content [0021].
Regarding claim 9 with respect to claim 1 of the US Patent, although the claims at issue are not identical, they are not patentably distinct from each other because claim 9 of the instant application differs from claim 1 of the U.S. Patent in that the instant application is broader in scope and also includes the time comprises a time range. However, this is well known in the art as disclosed by Wang, which is in the same field of endeavor. Wang discloses a user requesting video clips from security cameras within an inputted time range [0021]. Therefore, it would have been obvious to use the video search using a time range as disclosed by Wang, the motivation being enable a user to analyze video content [0021].
Instant Application No. 18/968,705
Claim 10
US Patent No. 12,217,583 B2
Claim 1
The system of claim 8, wherein the application program is stored on at least one of the cloud device or the remote camera system.
A system, comprising: at least one camera at a camera location and configured to record one or more videos and one or more images; and an application program
Although the claims at issue are not identical, they are not patentably distinct from each other because claim 11 of the instant application differs from claim 1 of the U.S. Patent in that the instant application is broader in scope and also includes time-stamps. However, this is well known in the art as disclosed by Wang, which is in the same field of endeavor. Wang discloses time stamps [0037]. Therefore, it would have been obvious to use the video search using a time range as disclosed by Wang, the motivation being enable a user to analyze video content [0021].
Instant Application No. 18/968,705
Claim 12
US Patent No. 12,217,583 B2
Claim 8
The system of claim 8, wherein the application program is further configured to periodically download images from the remote camera system to the cloud device.
downloading the at least one image comprises periodically downloading an image of the at least one image.
Instant Application No. 18/968,705
Claim 15
US Patent No. 12,217,583 B2
Claim 2
A system, comprising: a camera configured to capture one or more videos;
A system, comprising: at least one camera at a camera location and configured to record one or more videos and one or more images; and
a storage device configured to store the one or more videos;
at least one storage device at the camera location and communicatively coupled the at least one camera; and
a modem communicatively coupled to at least one of the storage device or the camera; and a server at a location remote from each of the camera, the storage device, and the modem, the server communicatively coupled to the modem and including an application program configured to:
a modem at the camera location and communicatively coupled to at least one of the at least one storage device or the at least one camera.
an application program configured to:
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download, from the camera location to a cloud device over a metered connection, and store at the cloud device, at least one image of the one or more images captured at the camera location; enable the at least one downloaded image to be displayed via an electronic device remote from the camera location; and
in response to receipt of input identifying at least one of a date, a time, or a time range, download a specific portion of previously captured and stored one or more videos from the storage device to the server via a metered connection without downloading every other portion of the previously captured and stored one or more videos, the specific portion being at least one of captured on the identified date, captured at the time, or captured within the time range; and enable the downloaded specific portion to be accessed by an electronic device.
in response to user input associated with a downloaded and displayed image of the at least one downloaded and displayed image and via the electronic device, download, from the camera location to the cloud device over the metered connection, and store at the cloud device, a specific portion of the one or more videos previously captured at the camera location and associated with the downloaded and displayed image.
Although the claims at issue are not identical, they are not patentably distinct from each other because claim 15 of the instant application differs from claim 2 of the U.S. Patent in that the instant application is broader in scope and also includes an input identifying at least one of a date, a time, or a time range; and the specific [video] portion captured within the date, time, or time range. However, this is well known in the art as disclosed by Wang, which is in the same field of endeavor. Wang discloses a user requesting video clips from security cameras within an inputted time range [0021]. Therefore, it would have been obvious to use the video search using a time range as disclosed by Wang, the motivation being enable a user to analyze video content [0021].
Regarding claim 16 with respect to claim 2 of the US Patent, although the claims at issue are not identical, they are not patentably distinct from each other because claim 16 of the instant application differs from claim 2 of the U.S. Patent in that the instant application is broader in scope and also includes the metered connection comprises at least one a cellular connection or a satellite connection. However, this is well known in the art as disclosed by Wang, which is in the same field of endeavor. Wang discloses cellular communication [0063]. Therefore, it would have been obvious to use the video search using a time range as disclosed by Wang, the motivation being permit data to be exchanged with a cellular network [0063].
Instant Application No. 18/968,705
Claim 17
US Patent No. 12,217,583 B2
Claim 2
The system of claim 15, wherein the camera, the storage device, and the modem are at a first location, and the server is a second, different location.
at least one storage device at the camera location and communicatively coupled the at least one camera; and a modem at the camera location and communicatively coupled to at least one of the at least one storage device or the at least one camera.
Instant Application No. 18/968,705
Claim 18
US Patent No. 12,217,583 B2
Claim 2
The system of claim 15, wherein the server comprises a cloud server.
a cloud device
Although the claims at issue are not identical, they are not patentably distinct from each other because claim 19 of the instant application differs from claim 2 of the U.S. Patent in that the instant application is broader in scope and also includes time-stamps. However, this is well known in the art as disclosed by Wang, which is in the same field of endeavor. Wang discloses time stamps [0037]. Therefore, it would have been obvious to use the video search using a time range as disclosed by Wang, the motivation being enable a user to analyze video content [0021].
Claim Rejections - 35 USC § 101
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.
Claims 8-14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claim 8 is rejected under 35 U.S.C. 101 as not falling within one of the four statutory categories of invention because the claimed invention is directed to computer program per se, which is non-statutory. See MPEP 2106(I). A claim directed toward a computer-readable medium having the program encoded thereon establishes a sufficient functional relationship between the program and a computer so as to remove it from the realm of “program per se”. MPEP 2111.05(III). Hence, adding the limitation of “stored on a non-transitory computer-readable medium” would resolve this issue. Dependent claims 9-14 fall together accordingly.
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 8-10 and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Meganathan US 2014/0232873 A1, hereafter Meganathan, in view of Yova et al. US 2013/0016213 A1, hereafter Yova.
Regarding claim 8, Meganathan discloses a system (security system 10) [FIG. 1], comprising:
an application program configured to:
in response to input indicative of at least one of a date or a time (the timeline window of the summary may be set up by the user of the portable device 56 to any appropriate time period…through the interface 60 of the playback control. The user may also set a time period including a start and stop time for data…the portable device 56 may receive real time data that is displayed on the device 56 substantially instantaneously after begin reported within the alarm system 10) [0034], download, from a remote camera system (cameras 24, 26) [FIG. 1] to a cloud device (cloud server) [0046] over a connection, and store at the cloud device, a specific portion of one or more videos captured by and stored at the remote camera system (the apparatus may include a cloud server, an activity analysis processor that monitors the activities of a security system protecting a secured area and of a human operator of the security system and that evaluates the system's and operator's activities within a security system database based upon the deviation, trend, pattern and criticality of each respective activity, the activity analysis processor detects an event within the monitored activities and saves a summary of the event to the cloud server, the summary includes one or more of video, image, text, audio, charts and graphs relating to protection of the secured area, a user interface of the cloud server that detects a request from a user for a report of activities reported within a real time timeline window, the activity report including at least a content of the summary of the event associated with the secured area, the activity report further containing one or more of data, actions, warnings, help requests and recommendations generated by the activity analysis processor…the cloud server that downloads the activity report to the user, the activity report displayed to the user further comprises a playback control executing on a processor of the user and that controls playback of the summary, the playback control further including an interface that accepts requests for additional data from the user and the playback control downloads and displays the additional data to the user in response to the requests) [0046]; and
enable the specific portion of the one or more videos to be accessed via an electronic device (portable device 56; the summary includes one or more of video, image, text, audio, charts and graphs relating to protection of the secured area and a user interface of the cloud server that detects a request from a user for a report of activities occurring within a real time timeline window and downloads the activity report to the user, the activity report including at least a content of the summary of the event associated with the secured area) [0034; 0047].
However, Meganathan fails to explicitly disclose a metered connection.
Yova, in an analogous environment, discloses a metered connection (cellular wireless connection 208) [0034].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the cellular connection, as disclosed by Yova, with the invention disclosed by Meganathan, the motivation being providing an improved system wherein data can be accessed from any other type of network such as a satellite network and/or a cellular network [0034].
Regarding claim 9, Meganathan and Yova address all of the features with respect to claim 8 as outlined above.
Meganathan further discloses the time comprises a time range (time period) [0034].
Regarding claim 10, Meganathan and Yova address all of the features with respect to claim 8 as outlined above.
Meganathan further discloses the application program is stored on at least one of the cloud device or the remote camera system (computer program; security system 10) [FIG. 1; 0014].
Regarding claim 12, Meganathan and Yova address all of the features with respect to claim 8 as outlined above.
Yova further discloses the application program is further configured to periodically download images from the remote camera system to the cloud device (capture images, audio, or video segments in order to stream images, audio, and video segments to…one or more local remote servers, domain servers…for viewing or storage by users either in real time or a later time; camera is tasked to capture a ten second video segment every ten minutes…the final programmed duration and interval will depend on the end use application; the at least one camera 102 sends the ten second video segment…to the local remote server 106) [0011; 0025; 0026].
Regarding claim 13, Meganathan and Yova address all of the features with respect to claim 8 as outlined above.
Meganathan further discloses the application program is further configured to generate a notification of the specific portion being available for one or viewing or downloading (the notification page is displayed so that the operator/administrator can review and take some particular action; the cloud server that downloads the activity report to the user, the activity report displayed to the user further comprises a playback control executing on a processor of the user and that controls playback of the summary) [0044; 0046].
Regarding claim 14, Meganathan and Yova address all of the features with respect to claim 8 as outlined above.
Meganathan further discloses the application program is configured to scan the remote camera system for videos associated with the input to identify the specific portion (the timeline window of the summary may be set by the user of the portable device 56 to any appropriate time period (e.g., one hour, one day, etc.) through the interface 60 of the playback control. The user may also set a time period including a start and stop time for data. However, once set for a predetermined rolling time period, the portable device 56 may receive real time data that is displayed on the device 56 substantially instantaneously after begin reported within the alarm system 10 with the most recent data displayed first) [0034].
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Meganathan and Yova further in view of Kessel et al. US 2004/0146272 A1, hereafter Kessel.
Regarding claim 11, Meganathan and Yova address all of the features with respect to claim 8 as outlined above.
Meganathan further discloses the application program is configured to download a number of images from the remote camera system to the cloud device responsive to the input (the summary includes one or more video, image…activities occurring within a real time timeline window and downloads the activity report to the user) [0030; 0047].
However, the combination fails to explicitly disclose time-stamped images.
Kessel, in an analogous environment, discloses time-stamped images (individual image files…time/date-stamped) [0103].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the image time/date-stamps, as disclosed by Kessel, with the invention disclosed by Meganathan and Yova, the motivation being being searching by date [0141].
Allowable Subject Matter
Claims 1-7 and 15-20 would be allowable if rewritten or amended to overcome the double patenting rejections, set forth in this Office action.
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Kalajan US 9,173,009 B2 discloses sending a request for a video to a server corresponding to a time period
Lee et al. US 2014/0375818 A1 discloses a manger server requesting video from network cameras through distributed media servers
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEFAN GADOMSKI whose telephone number is (571)270-5701. The examiner can normally be reached Monday - Friday, 12-8PM EST.
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STEFAN GADOMSKI
Primary Examiner
Art Unit 2485
/STEFAN GADOMSKI/Primary Examiner, Art Unit 2485