DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This is a First Action on the merits in response to the application filed on 03/11/2025.
Claims 1 – 12 are currently pending and have been examined in this application.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 03/11/2025 and 02/26/2026 have been acknowledged. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. The initialed and dated copies of Applicant’s IDS forms, 1449, are attached to the instant Office Action.
Claim Rejections – 35 U.S.C. §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 1 – 12 are rejected under 35 U.S.C. §101 because the claimed invention is directed towards an abstract idea without significantly more.
Claims 1, 9, and 11 recite:
images a vehicle traveling on a road in the area and, data of a time at which the vehicle is imaged, and data of a site at which the vehicle is imaged in association with each other;
identify a vehicle that has entered a predetermined region;
and collate the identified vehicle with an image to identify a departure place based on data of the time and data of the site that have been associated with the matching image.
The limitations of claim 1, under its broadest reasonable interpretation, recites mental processes, related to observation of data. For example claim 1 recites observing a vehicle traveling on a road in the area and data of a time at which the vehicle is imaged, and data of a site at which the vehicle is imaged in association with each other; observing a vehicle that has entered a predetermined region; and observing the identified vehicle with an image to observe a departure place
The dependent claims encompass the same abstract ideas as well. For instance, claim 2, is directed towards observing the vehicle and a departure place of the vehicle; claim3 is directed towards observing a departure place of the vehicle by tracking data of the time and data of the site associated with an image; claim 4 is directed towards observing a departure place of the vehicle based on a site of the vehicle captured first during a period from a time when the vehicle enters the predetermined region to a time going back by a predetermined time; claim 5 is directed towards observing a place that the vehicle has stopped by, referring to an image; and observing a place that the vehicle has stopped; claim 6 is directed towards evaluating information about a vehicle that meets a predetermined condition or information about a vehicle having a high frequency of entering the region; claim 7 is directed towards observing advertisement information based on a place stopped by; claim 8 is directed towards observing a vehicle that has left the predetermined region; and observing an image captured; and observing a destination of the vehicle; claim 10 is directed towards observing a vehicle that has left the predetermined region; and observing an image captured by the camera group and observing a destination of the observed vehicle; and claim 12 is directed towards observing a vehicle that has left the predetermined region; and observing an image captured by the camera group and observing a destination of the observed vehicle. Accordingly, the dependent claims further limit the abstract idea.
These judicial exceptions are not integrated into a practical application. Claim 1 recites the additional elements of a visitor analysis system, at least one memory storing instructions, and at least one processor configured to access the at least one memory and execute the instructions to, access an image recording device of an information system that includes a camera group that is dispersedly disposed in a predetermined area, the image recording device that stores an image captured by the camera group, vehicle, and an image stored in the image recording device; in addition to reciting the additional elements of claim 1, claim 9 also recites a computer, and the computer being capable of accessing an image recording device of an information system; in addition to reciting the additional elements of claim 1, claim 11 also recites the additional elements of a non-transitory recording medium recording a program being capable of accessing an image recording device of an information system. However, the additional
elements of a visitor analysis system, at least one memory storing instructions, and at least one processor configured to access the at least one memory and execute the instructions to, access an image recording device of an information system that includes a camera group that is dispersedly disposed in a predetermined area, the image recording device that stores an image captured by the camera group, vehicle, and an image stored in the image recording device, a computer, and the computer being capable of accessing an image recording device of an information system, and a non-transitory recording medium recording a program being capable of accessing an image recording device of an information system are considered generic computer components performing generic computer functions as per Applicant’s Specifications shown below:
“[0014] The program is executed via a computer device, and the computer device includes, for example, a processor, a storage device, an input device, a communication interface, and a display device as necessary. The computer device is configured to be able to communicate with equipment (including a computer) inside or outside the device via a communication interface regardless of wired or wireless.”
and thus, are not practically integrated nor significantly more.
The claims do not include additional elements that are sufficient to amount significantly more than the judicial exception. Each of the additional limitations are no more than mere instructions to apply the exception using generic computer components (e.g. , processor). The combination of these additional elements are no more than mere instructions to apply the exception using generic computer components (e.g., processor). the additional elements do not impose meaningful limits on practicing the idea. Thus, the claims are directed to an abstract idea. Mere instructions to apply an exception using generic computer components cannot provide an inventive concept.
Dependent claims 2 – 8, 10, and 12 when analyzed both individually and in combination are also held to be ineligible for the same reason above and the additional recited limitations fail to establish that the claims are not directed to an abstract idea. The additional limitations of the dependent claims when considered individually and as an ordered combination do not amount to significantly more than the abstract idea.
Looking at these limitations as ordered combination and individually add nothing additional that is sufficient to amount to significantly more than the recited abstract idea because they simply provide instructions to use generic computer components, to “apply” the recited abstract idea. Thus, the elements of the claims, considered both individually and as an ordered combination, are not sufficient to ensure that the claim as a whole amount to significantly more than the abstract idea itself. Therefore, claims 1 – 12 are not patent eligible under 35 U.S.C. § 101.
Claim Rejections – 35 U.S.C. §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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) are summarized as follows:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1 9, 11, are rejected under 35 U.S.C. 103 as being unpatentable over Moragas, Loren et al. (US 2019/0156676 A1) in view of Granger, Daniel D. et al. (U.S. Publication No. 2002/0007306).
Claims 1, 9, and 11:
Moragas teaches the following:
access an image recording device of an information system that includes a camera group that is dispersedly disposed in a predetermined area and images a vehicle traveling on a road in the area and the image recording device that stores an image captured by the camera group, data of a time at which the vehicle is imaged, and data of a site at which the vehicle is imaged in association with each other; Moragas teaches in 0024, a plurality of cameras located overhead in the parking lot, each covering at least one area of the outdoor parking lot, to capture images of the vehicle from the time of entry until a final time, which can be the time of parking the vehicle in a space or the time when the vehicle exits the outdoor parking lot; each camera sending the captured images of the vehicle to the server so that it gathers all the images and obtains the global image of the outdoor parking lot, for which the server tracks the vehicle; Moragas teaches in 0025, a database linked to the server for storing each image of the vehicle with the associated identification label that was read upon entry. Morages teaches in 0036, shows a possible embodiment of the control system for vehicles and parking spaces installed in an outdoor parking lot (10) comprising a plurality of video cameras (2) placed overhead. The height at which the cameras (2) are installed depends on the surface of the outdoor parking lot (10) that must be covered, the size of the outdoor parking lot (10), the resolution of the cameras (2) and the installation options. For example, the height can be between approximately 6 and 15 metres. Moragas teaches in 0048, To track the vehicles (11, 12) from the time of entry until the time of exit from the parking lot, several vision algorithms are used, determining singular points of the vehicles (11, 12), such that the invention is capable of distinguishing vehicles when different vehicles (11, 12) cross paths in the parking lot.
and collate the identified vehicle with an image stored in the image recording device to identify a departure place of the vehicle based on data of the time and data of the site that have been associated with the matching image; Moragas teaches in 0019 – 0020, associate each captured image of the vehicle with the identification label read; track the vehicle in the global image of the parking lot using the sum of each captured image of the vehicle. Moragas teaches in 0024, to capture images of the vehicle from the time of entry until a final time, which can be the time of parking the vehicle in a space or the time when the vehicle exits the outdoor parking lot; each camera sending the captured images of the vehicle to the server so that it gathers all the images and obtains the global image of the outdoor parking lot, for which the server tracks the vehicle; Moragas teaches in 0051, mapping or matching of features between consecutive frames is established by means of the Hungarian Method with the weights defined by the known prior route of the vehicle. In other words, if a set of points is directed to the left side of the image and another set of points is directed to the right side of the image, more weight is always placed on the object that is directed to the left so that it continues to the left, and not to the right. Thus, even if two vehicles have similar singular points, they would not be confused when crossing paths thanks to the study of the route.
Moragas teaches multiple overhead cameras in a parking lot, reader for identification of a vehicle entering a parking lot, tracking a vehicle, reading vehicle license plates and Granger teaches in-vehicle promotions and displaying promotional information, transmitting coupons by the in-vehicle system, and Moragas and Granger are similar where Moragas and Granger teach determining vehicle information as the vehicle enters a parking lot area, and Granger further teaches the following:
identify a vehicle that has entered a predetermined region; Granger teaches in 0042, such a system is designed to be installed in an automotive vehicle and preferably cooperate with existing electronics. The system of Fig. 3 includes a controller 11 that may include a processor for carrying out data processing, memory accessing and retrieval, and memory management. Connected to controller 11 is a wireless remote communication device 12. Granger teaches in 0072, the second embodiment could also include an RF receiver 84 in host system 80 to receive identification information or other information from vehicles 1 entering the zone. Controller 83 is connected to a store system 85 and provides the identification information to store system 85.
A visitor analysis system comprising: at least one memory storing instructions; and at least one processor configured to access the at least one memory and execute the instructions to: Granger teaches in 0052, Information relating the vehicle position and store 2 may be stored in memory, such as in a lookup table. Controller 11 receiving the position information produced from receiver can compare the position information with data stored in the lookup table. Granger teaches in 0049, controller 11 may be configured as a CPU 31 connected to memory 30 and I/O circuitry 32. Memory 30 represents both internal memory and external (to the CPU) memory, with the internal memory containing the code being executed by CPU and possibly other frequently used information while the external memory is typically of higher capacity and stores other information such as additional code executed by the CPU and a determined amount of promotions information. The external memory may be implemented as one or more of a semiconductor memory, a magnetic or an optical memory.
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to combine a control system and method for vehicles and parking spaces for outdoor parking lots of Moragas with an in-vehicle promotions system and a method for distributing promotions information of Granger to assist businesses with identifying vehicles entering a parking lot or zone when advertising products of nearby stores (Granger Spec. 0057).
Claim 2:
Moragas and Granger teach claims 1, 9, and 11. Moragas further teaches the following:
The visitor analysis system according to claim 1, wherein the at least one processor is further configured to execute the instructions to: record the vehicle and a departure place of the vehicle in association with each other as visitor analysis information; Moragas teaches in 0059, The system provides the operator of the parking lot (10) with a management application that can have a graphical interface which shows the image of the entire parking lot (10), free and occupied spaces, and through which any inquiry/query about a desired space can be made, for example, how much time a space has been occupied, the license plate of a parked vehicle, the video of the vehicle accessing the space or the photo used to read the license plate of the vehicle. By using this application and by means of the license plate or date and time, inquiries on all movements made by the vehicles (11, 12) in the parking lot (10) can be made. The management application can be implemented in web format and run by any browser that is on the network of the server (31) of the parking lot (10). Thus, any operator of the parking lot (10) can carry out actions by using a simple smartphone or tablet or from any terminal in which the network is accessed by a browser.
Claim 3:
Moragas and Granger teach claims 1, 9, and 11. Moragas further teaches the following:
The visitor analysis system according to claim 1, wherein the at least one processor is further configured to execute the instructions to: identify a departure place of the vehicle by tracking data of the time and data of the site associated with an image stored in the image recording device; Moragas teaches in 0018, capture at least one image of the vehicle from the time of entry until a final time, which can refer to the time of parking the vehicle in one of the detected free spaces or the time of exit when the vehicle leaves the outdoor parking lot.
Claim 4:
Moragas and Granger teach claims 1, 9, and 11. Moragas further teaches the following:
The visitor analysis system according to claim 3, wherein the at least one processor is further configured to execute the instructions to: identify a departure place of the vehicle based on a site of the vehicle captured first during a period from a time when the vehicle enters the predetermined region to a time going back by a predetermined time; Moragas teaches in 0029, Recording a video of each vehicle accessing the parking lot and of all movements that occur near each vehicle; thus, if complaints arise, all the videos associated with a vehicle can be consulted/looked up and the incident can be resolved quickly and effectively. For example, in the case of losing the vehicle because the driver does not remember where he left it, the invention makes it possible to find the area of the parking lot where the vehicle is parked. The video of the entry, exit and route of each vehicle in the parking lot captured by the cameras of the parking lot enable possible incidents to be known in real time. Likewise, the video recording of vehicles and people who have been close to each of the parked vehicles contributes to this monitoring of the parking lot.
Claim 5:
Moragas and Granger teach claims 1, 9, and 11. Moragas further teaches the following:
The visitor analysis system according to claim 2, wherein the at least one processor is further configured to execute the instructions to: identify a place that the vehicle has stopped
by, referring to an image stored in the image recording device; Moragas teaches in 0045, License plates readers (1) that use cameras for capturing images, these images are sent to a central server which identifies the license plates of the vehicles (11) that access the parking area with the Optical Character Recognition (OCR) process;
and record a place that the vehicle has stopped by in the visitor analysis information; Moragas teaches in when the vehicle (11) enters the parking lot (10), the system first identifies the vehicle (11, 12) by means of at least one identification label, for example, the license plate, although other features of the vehicle can also be used to identify it, such as model, colour, etc.
Claim 6:
Moragas and Granger teach claims 1, 9, and 11. Moragas further teaches the following:
wherein the at least one processor is further configured to execute the instructions to: extract based on the visitor analysis information, information about a vehicle that meets a predetermined condition or information about a vehicle having a high frequency of entering the region; Moragas teaches in 0022, at least one reader for reading an identification label of a vehicle at the time of entry to the outdoor parking lot; Moragas teaches in 0067, When the parking lot users are frequent users, they can reserve spaces: if a vehicle parks in a space reserved for another vehicle, the system detects it and sends a notification to the operator of the parking lot (10).
Claim 7:
Moragas and Granger teach claims 1, 9, and 11. Moragas teaches multiple overhead cameras in a parking lot, reader for identification of a vehicle entering a parking lot, tracking a vehicle, reading vehicle license plates and Granger teaches in-vehicle promotions and displaying promotional information, transmitting coupons by the in-vehicle system, and Moragas and Granger are similar where Moragas and Granger teach determining vehicle information as the vehicle enters a parking lot area, and Granger further teaches the following:
wherein advertisement information is transmitted to the vehicle based on a place that the vehicle has stopped by, the place being included in the visitor analysis information; Granger an in-vehicle display system 10 is installed in a vehicle 1. The vehicle travels in the proximity of a retail store 2. Retail store 2 could be a stand-alone store or be a shopping center containing a number of merchants, such as a mall or shopping strip, other retail outlet, or business establishment. The description below will use the term "store" to refer to any or all of such businesses. Shown in dashed lines around store 2 is a proximity zone 3 defining an area assigned to the store (or a group of stores in the case of a shopping center). When vehicle 1 enters zone 3, system 10 displays sale, advertising, discount or coupon information ("promotions information") of the stores or stores corresponding with zone 3. Proximity zone 3 may be defined by a radial range centered on store 2, such as 100 m, or could be a defined area such as a parking lot or area bounded by nearby streets. Thus, when the vehicle enters the parking lot of a retail store, any available information relating to that store would be available for display and/or printing by the occupant or occupants of the vehicle. The proximity of other stores could also be factored into the size and shape of zone 3.
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to combine a control system and method for vehicles and parking spaces for outdoor parking lots of Moragas with an in-vehicle promotions system and a method for distributing promotions information of Granger to assist businesses with identifying vehicles entering a parking lot or zone when advertising products of nearby stores (Granger Spec. 0057).
Claim 8:
The visitor analysis system according to claim 1,wherein the at least one processor is further configured to execute the instructions to:
identify a vehicle that has left the predetermined region; Moragas teaches in 0012, given that the technology used is computer vision, the function of monitoring is added to the previous features, since it is also possible to use cameras to record all movements of the vehicles entering/exiting the parking lot and for parking lot security.
refer to an image captured by the camera group for the identified vehicle; Moragas teaches in 0038, in the outdoor parking lot (10) shown in FIG. 1, which can be divided into four areas (101, 102, 103, 104) by using combination algorithms of the images captured by the four video cameras (2), each camera (2) associated to each area (101, 102, 103, 104). The combination algorithms of images enable the composition of the global image of the parking lot (10) to be made from different images and different geographical arrangements of the same.
Moragas teaches multiple overhead cameras in a parking lot, reader for identification of a vehicle entering a parking lot, tracking a vehicle, and reading vehicle license plates and Granger teaches in-vehicle promotions and displaying promotional information, and transmitting coupons by the in-vehicle system; and Yang teaches an MPS server identifying vehicle information; and Moragas, Granger, and Yang are similar where Moragas, Granger, and Yang teach identifying vehicle information of a particular stop, area, or zone, and Yang further teaches the following:
and identify a destination of the vehicle; Yang, Ping (U.S. Publication No. 2004/0177008) teaches in 0074, the system can then identify the general area of the beginning and end of the route and display a map that covers the general area of the beginning and end of the route with all possible routes available to the user.
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to combine a control system and method for vehicles and parking spaces for outdoor parking lots of Moragas and an in-vehicle promotions system and a method for distributing promotions information of Granger with a method and system for scheduling delivery and pickup of products to buyers to assist businesses with customers shopping and delivery and pickup of products purchased on the Internet and delivery of products purchased on the Internet (Yang Spec. 0063).
Claim 10:
Moragas and Granger teach claims 1, 9, and 11. Moragas further teaches the following:
The visitor analysis method executed according to claim 1,further comprising: identifying a vehicle that has left the predetermined region; Moragas teaches in 0012, given that the technology used is computer vision, the function of monitoring is added to the previous features, since it is also possible to use cameras to record all movements of the vehicles entering/exiting the parking lot and for parking lot security.
and referring to an image captured by the camera group and identifying a destination of the identified vehicle; Moragas teaches in 0038, in the outdoor parking lot (10) shown in Fig. 1, which can be divided into four areas (101, 102, 103, 104) by using combination algorithms of the images captured by the four video cameras (2), each camera (2) associated to each area (101, 102, 103, 104). The combination algorithms of images enable the composition of the global image of the parking lot (10) to be made from different images and different geographical arrangements of the same. Moragas further teaches in 0038, the complete image of the parking lot is provided virtually and the vehicles can be tracked on said image.
Claim 12:
Moragas and Granger teach claims 1, 9, and 11. Moragas further teaches the following:
The non-transitory recording medium recording the program according to claim 11, the program for causing the computer to execute the steps of: identifying a vehicle that has left the predetermined region; Moragas teaches in 0012, given that the technology used is computer vision, the function of monitoring is added to the previous features, since it is also possible to use cameras to record all movements of the vehicles entering/exiting the parking lot and for parking lot security;
and referring to an image captured by the camera group and identifying a destination of the identified vehicle; Moragas teaches in 0038, in the outdoor parking lot (10) shown in Fig. 1, which can be divided into four areas (101, 102, 103, 104) by using combination algorithms of the images captured by the four video cameras (2), each camera (2) associated to each area (101, 102, 103, 104). The combination algorithms of images enable the composition of the global image of the parking lot (10) to be made from different images and different geographical arrangements of the same. Moragas further teaches in 0038, the complete image of the parking lot is provided virtually and the vehicles can be tracked on said image.
Conclusion
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Frank Alston whose telephone number is 703-756-4510. The Examiner can normally be reached 9:00 AM – 5:00 PM Monday - Friday. Examiner can be reached via Fax at 571-483-7338. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor Beth Boswell can be reached at (571) 272-6737.
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/FRANK MAURICE ALSTON/
Examiner, Art Unit 3625
06/13/2026
/BETH V BOSWELL/Supervisory Patent Examiner, Art Unit 3625
Prosecution Insights