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 .
Claims 1-20 are pending in this application.
Claim Objections
Claims 1 and 20 are objected to because of the following informalities:
As to claims 1 and 20, at lines 18 and 24 respectively, there is no antecedent basis for “the sets of second type identification events.” Although the claims do previously recite “determining… a respective set of second type identification events from the second plurality of identification events” “for each first type identification event of the set of first type identification events”, and prior to that “determining, from the first plurality of identification events, a set of first type identification events associated therewith”, the term “events” is merely grammatical when referring to a set and does not necessitate a plurality. A set can have zero (i.e. an empty set), one, or a plurality items in it. The claims do not explicitly require that the set of first type identification events includes a plurality of first type identification events, although this may be the intent. As such, when determining a corresponding respective set of second type identification events for each first type identification event of the set, only a single event may be in the set, thus only requiring a single set of second type identification events. Examiner suggests clarifying that the set of first type identification events includes a plurality of first type identification events, which is how the claims are interpreted for examination.
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12,277,114. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-19 of U.S. Patent No. 12,277,114 anticipate claims 1-29 of the instant application as set forth in the table below.
Instant Application
US Pat. No. 12,277,114
1. A computer-implemented method for determining an association between a vehicle identifier and a user identifier, the computer-implemented method comprising:
obtaining, at a computing device, a first plurality of identification events comprising respective identifiers of a first type of identifier and a second plurality of identification events comprising respective identifiers of a second type of identifier different from the first type,
the first type and second type of identifier selected from amongst vehicle identifiers and user identifiers,
wherein identification events of the first plurality and of the second plurality of identification events occur at different moments in time;
obtaining an indication of a selected identifier, the selected identifier being of the first type of identifier;
for the selected identifier, determining, from the first plurality of identification events, a set of first type identification events associated therewith, each comprising the selected identifier;
determining, at the computing device and for each first type identification event of the set of first type identification events, a respective set of second type identification events from the second plurality of identification events based on occurrence of the second type identification events within a respective time window associated with each first type identification event,
each second type identification event within a given set of second type identification events comprising a respective different second type identifier;
identifying, at the computing device, a correspondence of a number of second type identification events from multiple of the sets of second type identification events, each comprising a same particular second type identifier, with respective first type identification events from the set of first type identification events and matching, at the computing device, the particular second type identifier with the selected one of the first type of identifier based on said correspondence; and
outputting, by the computing device via a graphical user interface (GUI) displayed on a display device, an indication that the particular second type identifier is a match for the selected one of the first type of identifier for presentation on the GUI.
1. A computer-implemented method for determining an association between a vehicle identifier and a user identifier, the computer-implemented method comprising:
obtaining, at a computing device, a first plurality of identification events comprising respective identifiers of a first type of identifier and a second plurality of identification events comprising respective identifiers of a second type of identifier different from the first type,
wherein multiple occurrences of the identification events of the first plurality and of the second plurality of identification events occur at different moments in time within a respective time period,
the identification events of the first plurality and second plurality of identification events selected from amongst identifying a vehicle identifier and identifying a user identifier;
obtaining, at the computing device, an indication of a selected identifier, the selected identifier being of the first type of identifier;
for the selected identifier, determining, at the computing device and from the first plurality of identification events, a set of first type identification events associated therewith, each comprising the selected identifier;
determining, at the computing device and for each first type identification event of the set of first type identification events, a respective set of second type identification events from the second plurality of identification events based on occurrence of the second type identification events within the respective time window associated with each first type identification event,
each second type identification event within a given set of second type identification events comprising a respective different second type identifier;
identifying, at the computing device, a correspondence of a number of second type identification events from multiple of the sets of second type identification events, each comprising a same particular second type identifier, with respective first type identification events from the set of first type identification events and matching, at the computing device, the particular second type identifier with the selected one of the first type of identifier based on said correspondence;
disregarding identification events of the first plurality and of the second plurality of identification events that have a number of occurrences below a predetermined threshold within the respective time period; and
outputting, for non-disregarded identifications events and by the computing device via a graphical user interface (GUI) displayed on a display device, an indication that the particular second type identifier is a match for the selected one of the first type of identifier for presentation on the GUI.
2. The method of claim 1, wherein said matching the particular second type identifier to the selected one of the first type of identifier is further based on a respective confidence score determined for each of the second type identifiers.
2. The method of claim 1, wherein said matching the particular second type identifier to the selected one of the first type of identifier is further based on a respective confidence score determined for each of the second type identifiers.
3. The method of claim 2, comprising determining, at the computing device and for each second type identifier of each set of second type identification events, said respective confidence score, the confidence score indicative of a degree of correspondence between the each second type identifier and the selected identifier in the first type identification events of the set of first type identification events.
3. The method of claim 2, comprising determining, at the computing device and for each second type identifier of each set of second type identification events, said respective confidence score, the confidence score indicative of a degree of correspondence between the each second type identifier and the selected identifier in the first type identification events of the set of first type identification events.
4. The method of claim 2, wherein said matching the particular second type identifier to the selected one of the first type identifier comprises comparing, for each first type identification event of the set of first type identification events, the respective confidence scores of the second type identifiers and determining the particular second type identifier based on said comparing.
4. The method of claim 2, wherein said matching the particular second type identifier to the selected one of the first type identifier comprises comparing, for each first type identification event of the set of first type identification events, the respective confidence scores of the second type identifiers and determining the particular second type identifier based on said comparing.
5. The method of claim 1, wherein said matching the second type identifier to the selected one of the first type of identifier comprises determining a statistical parameter for each second type identifier based on a set of time differences between the first type identification events of the set of first type identification events and the second type identification events of each respective set of second type identification events.
5. The method of claim 1, wherein said matching the second type identifier to the selected one of the first type of identifier comprises determining a statistical parameter for each second type identifier based on a set of time differences between the first type identification events of the set of first type identification events and the second type identification events of each respective set of second type identification events.
6. The method of claim 5, wherein said determining the statistical parameter comprises determining one or more of one or more of a variance, a standard deviation, and a parameter indicative of a goodness of fit based on the set of time differences.
6. The method of claim 5, wherein said determining the statistical parameter comprises determining one or more of one or more of a variance, a standard deviation, and a parameter indicative of a goodness of fit based on the set of time differences.
7. The method of claim 5, wherein determining the statistical parameter comprises determining a variance for each second type identifier as a weighted average over a plurality of periods of time of a day.
7. The method of claim 5, wherein determining the statistical parameter comprises determining a variance for each second type identifier as a weighted average over a plurality of periods of time of a day.
8. The method of claim 5, wherein the confidence score for each second type identifier is determined as a product of a relative frequency associated with the second type identifier and a variance associated with the second type identifier.
8. The method of claim 5, wherein the confidence score for each second type identifier is determined as a product of a relative frequency associated with the second type identifier and a variance associated with the second type identifier.
9. The method of claim 1, wherein determining the respective set of second type identification events for each first type identification event based on occurrence of the second type identification events with a respective time window associated with each first type identification event comprises determining those of the plurality of second type identification events which occur after a minimum delay after each first type identification event.
9. The method of claim 1, wherein determining the respective set of second type identification events for each first type identification event based on occurrence of the second type identification events with a respective time window associated with each first type identification event comprises determining those of the plurality of second type identification events which occur after a minimum delay after each first type identification event.
10. The method of claim 1, wherein determining the respective set of second type identification events for each first type identification event based on occurrence of the second type identification events with a respective time window associated with each first type identification event comprises determining those of the plurality of second type identification events which occur before a maximum delay after each first type identification event.
10. The method of claim 1, wherein determining the respective set of second type identification events for each first type identification event based on occurrence of the second type identification events with a respective time window associated with each first type identification event comprises determining those of the plurality of second type identification events which occur before a maximum delay after each first type identification event.
11. The method of claim 1, comprising determining, at the computing device, a travel time between a first location, associated with capture of the first plurality of identification events, and a second location, associated with capture of the second plurality of identification events, wherein the duration of the time window is based at least in part on the travel time.
11. The method of claim 1, comprising determining, at the computing device, a travel time between a first location, associated with capture of the first plurality of identification events, and a second location, associated with capture of the second plurality of identification events, wherein the duration of the time window is based at least on part on the travel time.
12. The method of claim 11, comprising determining, at the computing device, a first waiting time associated with the first location and a second waiting time associated with the second location, wherein the duration of the time window is based on the first waiting time and/or the second waiting time.
12. The method of claim 11, comprising determining, at the computing device, a first waiting time associated with the first location and a second waiting time associated with the second location, wherein the duration of the time window is based on the first waiting time and/or the second waiting time.
13. The method of claim 1, comprising determining that the identification events of the first plurality of identification events are license plate read events and establishing respective license plate identifiers, and
determining that the identification events of the second plurality of identification events are access control events and establishing access device identifiers.
13. The method of claim 1, comprising determining that the identification events of the first plurality of identification events are license plate read events and establishing respective license plate identifiers, and determining that the identification events of the second plurality of identification events are access control events and establishing access device identifiers.
14. The method of claim 13, wherein obtaining the first plurality of identification events comprises obtaining a plurality of license plate read events from a license plate reader.
14. The method of claim 13, wherein obtaining the first plurality of identification events comprises obtaining a plurality of license plate read events from a license plate reader.
15. The method of claim 14, wherein the license plate reader is situated at an entrance to a parking lot and produces an entrance feed, and obtaining, at the computing device, the plurality of license plate read events from the entrance feed.
15. The method of claim 14, wherein the license plate reader is situated at an entrance to a parking lot and produces an entrance feed, and obtaining, at the computing device, the plurality of license plate read events from the entrance feed.
16. The method of claim 13, wherein obtaining the second plurality of identification events comprises obtaining a plurality of access control events from an access device reader.
16. The method of claim 13, wherein obtaining the second plurality of identification events comprises obtaining a plurality of access control events from an access device reader.
17. The method of claim 16, wherein the plurality of access control events are obtained from the access device reader situated at an access point of a building or campus.
17. The method of claim 16, wherein the plurality of access control events are obtained from the access device reader situated at an access point of a building or campus.
18. The method of claim 1, wherein the indication of the selected identifier is obtained after the first plurality and second plurality of identification events have been obtained.
18. The method of claim 1, wherein the indication of the selected identifier is obtained after the first plurality and second plurality of identification events have been obtained.
19. The method of claim 1, wherein matching the particular second type identifier with the selected one of the first type of identifier is based on the number of second type identification events comprising the same particular second type identifier being at least equivalent to a minimum threshold value.
19. The method of claim 1, wherein matching the particular second type identifier with the selected one of the first type of identifier is based on the number of second type identification events comprising the same particular second type identifier being at least equivalent to a minimum threshold value.
Claim 20 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 20 of U.S. Patent No. 12,277,114, hereinafter Patent ‘114, in view of Shu et al. (US 2007/0291118 A1), hereinafter Shu.
As demonstrated in the table below, claim 22 of Patent ‘114 discloses all of the features of claim 20 of the instant application except for “receiving a video feed” and performing the obtaining step “from the video feed”.
However, Shu discloses receiving a video feed (Fig. 2; [0035]-[0036], A video feed is received comprising multiple events from various cameras.);
obtaining, from the video feed, a first plurality of identification events comprising respective identifiers of a first type of identifier and a second plurality of identification events comprising respective identifiers of a second type of identifier different from the first type, the first type and second type of identifier selected from amongst vehicle identifiers and user identifiers, wherein identification events of the first plurality and of the second plurality of identification events occur at different moments in time (Fig. 2; [0035]-[0036], [0040], Multiple identification events are detected corresponding to multiple identifier types. E.g. Identifying cars entering a parking lot and identifying their license plates; and detecting faces of people and recognizing them.).
Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to modify the teachings of Patent ‘114 such that the identification events obtained by Patent ‘114 are obtained digitally from events captured by one or more surveillance cameras like is done by Shu. Said artisan would have been motivated to do so in order to provide real time detection of activities in Patent ‘114 (Shu, [0032]).
Instant Application
US Pat. No. 12,277,114
20. A computer system for determining an association between a vehicle identifier and a user identifier, comprising:
a processor; and a non-transitory computer-readable memory storing instructions executable by the processor for:
obtaining, , a first plurality of identification events comprising respective identifiers of a first type of identifier and a second plurality of identification events comprising respective identifiers of a second type of identifier different from the first type,
the first type and second type of identifier selected from amongst vehicle identifiers and user identifiers,
wherein identification events of the first plurality and of the second plurality of identification events occur at different moments in time;
obtaining, by a matching algorithm, an indication of a selected identifier, the selected identifier being of the first type of identifier;
for the selected identifier, determining, by the matching algorithm and from the first plurality of identification events, a set of first type identification events associated therewith, each comprising the selected identifier;
determining, by the matching algorithm, for each first type identification event of the set of first type identification events, a respective set of second type identification events from the second plurality of identification events based on occurrence of the second type identification events within a respective time window associated with each first type identification event, each second type identification event within a given set of second type identification events comprising a respective different second type identifier;
identifying, by the matching algorithm, a correspondence of a number of second type identification events from multiple of the sets of second type identification events, each comprising a same particular second type identifier, with respective first type identification events from the set of first type identification events and matching the particular second type identifier with the selected one of the first type of identifier based on said correspondence; and
outputting, by the matching algorithm and via a graphical user interface (GUI) displayed on a display device, an indication that the particular second type identifier is a match for the selected one of the first type of identifier for presentation on the GUI.
22. A computer system for determining an association between a vehicle identifier and a user identifier, comprising:
a processor; and
a non-transitory computer-readable memory storing instructions executable by the processor for:
obtaining one of a first plurality of identification events comprising respective identifiers of a first type of identifier and a second plurality of identification events comprising respective identifiers of a second type of identifier different from the first type,
wherein multiple occurrences of the identification events of the first plurality and of the second plurality of identification events occur at different moments in time within a respective time period,
the identification events of the first plurality and second plurality of identification events selected from amongst identifying a vehicle identifier and identifying a user identifier;
obtaining, by a matching algorithm, an indication of a selected identifier, the selected identifier being of the first type of identifier;
for the selected identifier, determining, by the matching algorithm and from the first plurality of identification events, a set of first type identification events associated therewith, each comprising the selected identifier;
determining, by the matching algorithm and for each first type identification event of the set of first type identification events, a respective set of second type identification events from the second plurality of identification events based on occurrence of the second type identification events within a respective time window associated with each first type identification event, each second type identification event within a given set of second type identification events comprising a respective different second type identifier;
identifying, by the matching algorithm, a correspondence of a number of second type identification events from multiple of the sets of second type identification events, each comprising a same particular second type identifier, with respective first type identification events from the set of first type identification events and matching the particular second type identifier with the selected one of the first type of identifier based on said correspondence;
disregarding identification events of the first plurality and of the second plurality of identification events that have a number of occurrences below a predetermined threshold within the respective time period; and
outputting, for non-disregarded identifications events and by the matching algorithm via a graphical user interface (GUI) displayed on a display device, an indication that the particular second type identifier is a match for the selected one of the first type of identifier for presentation on the GUI.
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended to overcome the objections and double patenting rejections set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art of record, Shu et al. (US 2008/0273088 A1), hereinafter Shu, discloses a computer-implemented method for determining an association between a vehicle identifier and a user identifier, the computer-implemented method comprising:
obtaining, at a computing device, a first plurality of identification events comprising respective identifiers of a first type of identifier and a second plurality of identification events comprising respective identifiers of a second type of identifier different from the first type, the first type and second type of identifier selected from amongst vehicle identifiers and user identifiers (Figs. 1-3; [0036]-[0037]; [0041]-[0042], E.g. obtaining license plate recognition events from a sensor such as a camera (i.e. first identification events comprising first identifiers (recognized plates), and obtaining facial recognition events from a sensor (i.e. second identification events comprising second identifiers (i.e. recognized faces).), wherein identification events of the first plurality and of the second plurality of identification events occur at different moments in time (Fig. 2; [0036]-[0037], E.g. as shown in timelines 118, multiple events of each occur at different moments in time.);
obtaining an indication of a selected identifier, the selected identifier being of the first type of identifier ([0056], E.g. A query by object type which is indicative of identifiers of that type.);
for the selected identifier, determining, from the first plurality of identification events, a set of first type identification events associated therewith, each comprising the selected identifier (Fig. 2, #206 and 208; [0037], A timeline of License plate number captures for entries and exits along with their event times are determined and displayed. Each timeline displays a selected identifier (120) forming a set.);
determining, at the computing device and for each first type identification event of the set of first type identification events, a respective set of second type identification events from the second plurality of identification events based on occurrence of the second type identification events within a respective time window associated with each first type identification event, each second type identification event within a given set of second type identification events comprising a respective different second type identifier (Fig. 2, #204; [0037], [0038];A set of detected faces corresponding to the same window of time as the license plates are also obtained and shown with their event positions in time.);
and
outputting, by the computing device via a graphical user interface (GUI) displayed on a display device, an indication that the particular second type identifier is a match for the selected one of the first type of identifier for presentation on the GUI (Fig. 2; [0037], [0038], By displaying the different event data on parallel corresponding timelines, an indication is available for an investigator to determine faces corresponding to license plate captures, and other event types.).
Petrey, JR. (US 2020/0410251 A1), hereinafter Petrey, similarly discloses a computer-implemented method for determining an association between a vehicle identifier and a user identifier, the computer-implemented method comprising:
obtaining, at a computing device, a first plurality of identification events comprising respective identifiers of a first type of identifier and a second plurality of identification events comprising respective identifiers of a second type of identifier different from the first type, the first type and second type of identifier selected from amongst vehicle identifiers and user identifiers (Fig. 1 and 4, [0050]-[0051], [0062], E.g. collecting license plate IDs from cars (I.e. identifiers of a first type from first identification events) and facial detection and recognition (I.e. identifiers of a second type from second identification events));
obtaining an indication of a selected identifier, the selected identifier being of the first type of identifier ([0053], A vehicle identified a as suspicious and its license plate ID is selected.);
;
determining, at the computing device and for each first type identification event of the set of first type identification events, a respective set of second type identification events from the second plurality of identification events based on occurrence of the second type identification events within a respective time window associated with each first type identification event, each second type identification event within a given set of second type identification events comprising a respective different second type identifier (([0054]-[0055], [0063]; The selected license plate ID of the vehicle is used to correlate to a user’s face, e.g. b ));
and
outputting, by the computing device via a graphical user interface (GUI) displayed on a display device, an indication that the particular second type identifier is a match for the selected one of the first type of identifier for presentation on the GUI (Fig. 5; [0069], A matching user, e.g. John Smith, is identified and displayed as a match for the selected license plate ID in an alert.).
Kuenzi et al. (WO 2020/014311 A1) discloses matching a particular identifier to selected one of the first license plate number and the first access device is further based on a respective confidence score determined for each of the counterpart identifiers and doing so with a degree of correspondence ([0032]; [0033]; [0054]; [0061]).
Brown et al. (WO 2008/148022 A1) discloses identifying a license plate for a particular employee, learning events correlated with event times for an individual, and setting alerts based on statistics for the event times when activity exceeds a standard deviation from a calculated mean.
Tian Geng (CN 107269054 A) discloses detecting license plates of vehicles entering a garage, determining a user associated with the license plate, and performing statistics associated therewith.
Jankowski et al. (US 2014/0254866 A1) discloses a data analysis module that collects data from other security devices to identify and log a tracking of a person associated with a license plate using facial recognition. For example, the person may be associated with two license plates because that person has been identified driving both cars on separate occasions ([0113]).
Accordingly, the prior art fails to disclose or render obvious, when taken as a whole with all other limitations of independent claims 1 and 20, identifying, at the computing device, a correspondence of a number of second type identification events from multiple of the sets of second type identification events, each comprising a same particular second type identifier, with respective first type identification events from the set of first type identification events and matching, at the computing device, the particular second type identifier with the selected one of the first type of identifier based on said correspondence, so as to determine the match for outputting as claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES E RICHARDSON whose telephone number is (571)270-1917. The examiner can normally be reached Mon-Fri 9:00-5:30.
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/James E Richardson/ Primary Examiner, Art Unit 2167