DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
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.
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.
Claims 1, 2, 4, 5, 13, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Noriyuki et al., (JP 2021165994 A) hereinafter referred to as Noriyuki.
Regarding Claims 1, 13, and 14, Noriyuki discloses An information processing system comprising: at least one memory that is configured to store instructions; and at least one processor that is configured to execute the instructions to: acquire an image of a target moving from an inside to an outside of a predetermined area; perform tracking of the target included in the image; and control an authentication level of authentication processing to be performed on the target moving from the outside to the inside of the predetermined area, based on a result of the tracking. [Abstract, To identify that a person who left a shooting area of a camera has returned to the shooting area. SOLUTION: An information processor 2 includes: a captured image acquisition unit 231 that acquires a captured image of a predetermined area; a feature identification unit 232 that identifies features of a person included in a first captured image acquired by the captured image acquisition unit 231; a change recording unit 233 that allows a storage unit 22 to store the features of an exiting person, who has changed from a first state to a second state, in association with a change time from the first state to the second state, in the first captured image and a second captured image; a determination unit 234 that determines that the exiting person has returned to the area when the feature identification unit 232 identifies the features of the same person as the exiting person that the change recording unit 233 allowed the storage unit 22 to store in association with the change time, in a third captured image; and a notification unit 235 that notifies an external device of information based on the determination result of the determination unit 234]
Regarding Claim 2, Noriyuki discloses wherein the authentication processing is biometric authentication using biometric information on the target. [The feature specifying unit 232 identifies the characteristics of a person included in the first captured image acquired by the captured image acquisition unit 231. The feature identification unit 232 extracts, for example, a plurality of feature points such as a person's face (presence / absence of glasses, shape of glasses, etc.), body shape, clothes, posture, belongings, etc. included in the first captured image. Identify the characteristics of the person]
Regarding Claim 4, Noriyuki discloses wherein the at least one processor is configured to execute the instructions to: calculate a tracking score indicating reliability of the tracking, based on the result of the tracking; and determine necessity of the authentication processing at a time of the target moving from the outside to the inside of the moving body, depending on the tracking score.[More specifically, the determination unit 234 corresponds to the change time stored in the storage unit 22 in association with the characteristics of the exit person among the characteristics of one or more exiters stored in the storage unit 22. It is determined whether or not the exiter has returned to a predetermined area based on whether or not the exiter has the same characteristics as the person identified based on the third captured image. The "characteristics of the exit person who are the same as the characteristics of the person" are, for example, the characteristics of the person (plurality of feature points extracted from the captured image) and the characteristics of the exiter (plurality of the exitees stored in the storage unit 22). This is a case where the ratio of coincidence with the feature point) is equal to or more than a predetermined threshold value]
Regarding Claim 5, Noriyuki discloses wherein the authentication processing is face authentication and liveness determination of the target, [The feature specifying unit 232 identifies the characteristics of a person included in the first captured image acquired by the captured image acquisition unit 231. The feature identification unit 232 extracts, for example, a plurality of feature points such as a person's face (presence / absence of glasses, shape of glasses, etc.), body shape, clothes, posture, belongings, etc. included in the first captured image. Identify the characteristics of the person]
and the at least one processor is configured to execute the instructions to control the authentication level of the authentication processing to permit a first target to move to the inside of the moving body, without performing the face authentication and the liveness determination, the first target approaching the moving body in a state in which the tracking score exceeds a first threshold.[More specifically, the determination unit 234 corresponds to the change time stored in the storage unit 22 in association with the characteristics of the exit person among the characteristics of one or more exiters stored in the storage unit 22. It is determined whether or not the exiter has returned to a predetermined area based on whether or not the exiter has the same characteristics as the person identified based on the third captured image. The "characteristics of the exit person who are the same as the characteristics of the person" are, for example, the characteristics of the person (plurality of feature points extracted from the captured image) and the characteristics of the exiter (plurality of the exitees stored in the storage unit 22). This is a case where the ratio of coincidence with the feature point) is equal to or more than a predetermined threshold value.The determination unit 234 exits when the feature identification unit 232 identifies the characteristics of a person who is the same as the characteristics of the exit person stored in the storage unit 22 in association with the change time in the third captured image. It is determined that the person has returned to the predetermined area (the person whose feature is specified by the feature identification unit 232 is the exit person). The notification unit 235 notifies the authentication device 3 of the result information based on the result determined by the determination unit 234 via the communication unit 21. Specifically, when the determination unit 234 determines that the exiter has returned to the predetermined area, the notification unit 235 indicates that the exiter has returned to the predetermined area via the communication unit 21. The admission information is notified to the authentication device 3 as the result information. The authentication device 3 does not authenticate the person who enters the predetermined area when the information processing device 2 notifies the re-entry information before the person enters the predetermined area. In this case, the authentication device 3 opens the gate in response to the notification of the re-entry information]
Claim Rejections - 35 USC § 103
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.
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.
Claims 3, 6, 7, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Noriyuki in view of Mikio (JP 2020082954 A) hereinafter referred to as Mikio.
Regarding Claim 3, Noriyuki does not explicitly teach wherein the inside of the predetermined area is an inside of a moving body, and the outside of the predetermined area is an outside of the moving body.
Mikio teaches wherein the inside of the predetermined area is an inside of a moving body, and the outside of the predetermined area is an outside of the moving body. [Abstract, In a vehicle 1 including an out-vehicle camera 10, an in-vehicle camera 15, and an opening/closing part, an unlocking control device 100 controls the unlocking of the opening/closing part. The unlocking control device 100 includes: a determination unit 101 for determining whether the vehicle is in a traveling state or a stopping state; a first acquisition unit 103 for acquiring a first image which is captured by the in-vehicle camera and includes the face of an occupant; a control unit 102 for allowing the out-vehicle camera to capture an image of a second image-capturing range to which an image-capturing range is changed from a first image-capturing range, after a state is switched from the traveling state to the stopping state; a second acquisition unit 104 for acquiring a second image in which the image of the second image-capturing range is captured by the out-vehicle camera; and an authentication unit 105 for comparing the face of the occupant included in the first image with the face of a person included in the second image to perform first face authentication and permitting the unlocking of the opening/closing part when the first face authentication is successful]
Before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to combine the teachings of Mikio with the disclosure of Noriyuki. The motivation or suggestion would have been “To provide an unlocking control device and an unlocking control method which can reduce an installation space for an out-vehicle camera and can reduce production cost.” (Abstract)
Regarding Claim 6, Noriyuki does not explicitly teach wherein the at least one processor is configured to execute the instructions to control the authentication level of the authentication processing to permit a second target to move to the inside of the moving body, in response to a success in both the face authentication and the liveness determination, the second target approaching the moving body in a state in which the tracking score falls below a second threshold that is lower than the first threshold.
Mikio teaches wherein the at least one processor is configured to execute the instructions to control the authentication level of the authentication processing to permit a second target to move to the inside of the moving body, in response to a success in both the face authentication and the liveness determination, the second target approaching the moving body in a state in which the tracking score falls below a second threshold that is lower than the first threshold. [According to the first to third embodiments, the in-vehicle camera 15 has been described as a camera that captures the face of the driver in the vehicle, but the present invention is not limited to this. The in-vehicle camera 15 may be a camera that captures not only the driver's face but also the face of a person in the passenger seat. The in-vehicle camera 15 may be a camera that captures only the face of the person in the passenger seat. The in-vehicle camera 15 may be a camera that captures the face of a person in the back seat of the vehicle 1. The in-vehicle camera 15 does not need to be arranged in the display device 40 when capturing the image of the face of a person in the back seat, and is, for example, behind the first row seat of the vehicle 1 (that is, the seat including the driver's seat). It may be arranged on the side ceiling or on the seat in the first row. The in-vehicle camera 15 may be composed of a plurality of cameras. That is, in this case, the in-vehicle camera 15 may be, for example, a first camera that captures the face of a person in the first row seat of the vehicle 1 and a second camera that captures the face of a person in the rear seat after the second row. It may be configured by a camera. As described above, the in-vehicle camera 15 may be a camera that captures the face of the occupant of the vehicle 1 in the vehicle interior of the vehicle 1, and the person to be imaged by the in-vehicle camera 15 is not limited to the occupant of the vehicle 1. That is, in the description of the first to third embodiments, the driver of the vehicle 1 can be read as the occupant of the vehicle 1. Therefore, the first image captured by the in-vehicle camera 15 may include not only the face of the driver of the vehicle 1 but also the face of the passenger in the passenger seat of the vehicle 1, or the person in the rear seat of the vehicle 1. The face may be included. That is, the first image may include the face of the occupant of the vehicle 1. In this case, the authentication unit 105 includes the first feature amount, which is the feature amount of the occupant's face of the vehicle 1 extracted from the first image, and the second feature amount, which is the feature amount of the human face extracted from the second image. The feature amounts will be compared. As a result, if the first feature amount extracted from the first image includes the face feature amount of the passenger seat person, the passenger seat person can unlock the vehicle 1. If the first characteristic amount extracted from the image includes the characteristic amount of the face of the person in the back seat, the person in the rear seat can unlock the vehicle 1.]
Before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to combine the teachings of Mikio with the disclosure of Noriyuki. The motivation or suggestion would have been “To provide an unlocking control device and an unlocking control method which can reduce an installation space for an out-vehicle camera and can reduce production cost.” (Abstract)
Regarding Claim 7, Noriyuki does not explicitly teach wherein the at least one processor is configured to execute the instructions to control the authentication level of the authentication processing to permit a third target to move to the inside of the moving body, in response to a success in at least one of the face authentication and the liveness determination, the third target approaching the moving body in a state in which the tracking score falls below the first threshold and exceeds the second threshold.
Mikio teaches wherein the at least one processor is configured to execute the instructions to control the authentication level of the authentication processing to permit a third target to move to the inside of the moving body, in response to a success in at least one of the face authentication and the liveness determination, the third target approaching the moving body in a state in which the tracking score falls below the first threshold and exceeds the second threshold. [According to the first to third embodiments, the in-vehicle camera 15 has been described as a camera that captures the face of the driver in the vehicle, but the present invention is not limited to this. The in-vehicle camera 15 may be a camera that captures not only the driver's face but also the face of a person in the passenger seat. The in-vehicle camera 15 may be a camera that captures only the face of the person in the passenger seat. The in-vehicle camera 15 may be a camera that captures the face of a person in the back seat of the vehicle 1. The in-vehicle camera 15 does not need to be arranged in the display device 40 when capturing the image of the face of a person in the back seat, and is, for example, behind the first row seat of the vehicle 1 (that is, the seat including the driver's seat). It may be arranged on the side ceiling or on the seat in the first row. The in-vehicle camera 15 may be composed of a plurality of cameras. That is, in this case, the in-vehicle camera 15 may be, for example, a first camera that captures the face of a person in the first row seat of the vehicle 1 and a second camera that captures the face of a person in the rear seat after the second row. It may be configured by a camera. As described above, the in-vehicle camera 15 may be a camera that captures the face of the occupant of the vehicle 1 in the vehicle interior of the vehicle 1, and the person to be imaged by the in-vehicle camera 15 is not limited to the occupant of the vehicle 1. That is, in the description of the first to third embodiments, the driver of the vehicle 1 can be read as the occupant of the vehicle 1. Therefore, the first image captured by the in-vehicle camera 15 may include not only the face of the driver of the vehicle 1 but also the face of the passenger in the passenger seat of the vehicle 1, or the person in the rear seat of the vehicle 1. The face may be included. That is, the first image may include the face of the occupant of the vehicle 1. In this case, the authentication unit 105 includes the first feature amount, which is the feature amount of the occupant's face of the vehicle 1 extracted from the first image, and the second feature amount, which is the feature amount of the human face extracted from the second image. The feature amounts will be compared. As a result, if the first feature amount extracted from the first image includes the face feature amount of the passenger seat person, the passenger seat person can unlock the vehicle 1. If the first characteristic amount extracted from the image includes the characteristic amount of the face of the person in the back seat, the person in the rear seat can unlock the vehicle 1.]
Before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to combine the teachings of Mikio with the disclosure of Noriyuki. The motivation or suggestion would have been “To provide an unlocking control device and an unlocking control method which can reduce an installation space for an out-vehicle camera and can reduce production cost.” (Abstract)
Regarding Claim 10, Noriyuki does not explicitly teach wherein the at least one processor is configured to execute the instructions to: measure an elapsed time from a time of the target getting out of the moving body, and control the authentication level of the authentication processing, based on the result of the tracking and the elapsed time.
Mikio teaches wherein the at least one processor is configured to execute the instructions to: measure an elapsed time from a time of the target getting out of the moving body, and control the authentication level of the authentication processing, based on the result of the tracking and the elapsed time. [That is, the door control device 120 counts the time after the unlocking is permitted, and if the opening/closing part of the vehicle 1 cannot be opened even after the counted time reaches the third predetermined period, the door control device 120 can lock the door. Good. The third predetermined period may be changeable by the driver or may be a predetermined fixed period]
Before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to combine the teachings of Mikio with the disclosure of Noriyuki. The motivation or suggestion would have been “To provide an unlocking control device and an unlocking control method which can reduce an installation space for an out-vehicle camera and can reduce production cost.” (Abstract)
Allowable Subject Matter
Claims 8, 9, and 11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
Regarding Claims 8, 9, and 11, the closest prior art of record does not explicitly teach nor suggest in detail the limitations of these claims in view of other limitations of the intervening claims.
Thus the prior arts of record taking singly or in combination do not teach or suggest the above-stated limitations taking wholly in combination with all the elements of each independent claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW J STEINLE whose telephone number is (571)272-9923. The examiner can normally be reached M-F 10am-6pm CT.
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, Eleni Shiferaw can be reached at (571) 272-3867. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANDREW J STEINLE/Primary Examiner, Art Unit 2497