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.
Claims 1, 3-14 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Martin US 2020/0372725.
In regarding to claim 1 Martin teaches:
1. A method for judging at least one competitor as he crosses a judging line, such as a finish line, of given width, the method comprising:
a step of capturing (100) images of the judging line comprising (i) taking photo-finish images by means of at least one camera (10, 20) for taking photo-finish images disposed in alignment with the judging line,
[0034] Referring to FIG. 4, image collection devices 106 may be arranged in a variety of positions to optimally capture an athlete's image at the finish. For example, a series of alternating cameras 106b may be positioned along an elevated or overhead position at or proximate finish 114 to capture forward, overhead and/or rear perspective views of an athlete approaching and crossing the finish. Additional cameras may be positioned medially and/or laterally of the finish, and/or forward of the finish.
Martin, 0029, 0034, 0045, emphasis added
and (ii) taking views by means of at least one video camera (30) disposed above the judging line, the method comprising a step of generating (105) an image relating to a photo-finish image enhanced by including a vertical line corresponding to the judging line of the competitors to be judged.
[0034] Referring to FIG. 4, image collection devices 106 may be arranged in a variety of positions to optimally capture an athlete's image at the finish. For example, a series of alternating cameras 106b may be positioned along an elevated or overhead position at or proximate finish 114 to capture forward, overhead and/or rear perspective views of an athlete approaching and crossing the finish. Additional cameras may be positioned medially and/or laterally of the finish, and/or forward of the finish.
[0058] A laser-emitter may be positioned at the starting line to create a laser detection grid to further enhance the accuracy of obtaining a commencement time. For example, an athlete encountering or passing through the laser detection grid would activate a sensor to record the precise time the athlete crosses the starting line. A camera may be synced to the sensor and take the digital commencement image of the athlete, which is then time-stamped and compared for race entry and/or timing purposes. A lighting system with one or more lights may be included to provide increased lighting where environmental factors create low lighting conditions.
Martin, 0029, 0034, 0045, 0058, emphasis added
In regarding to claim 3 Martin teaches:
3. The method for judging according to claim 1, wherein the step of generating (105) comprises a sub-step of creating (S1) the image based on at least one photo-finish image provided by the first and/or second cameras (10, 20).
Martin, 0029, 0034, 0045
In regarding to claim 4 Martin teaches:
4. The method for judging according to claim 1, wherein the step of generating (105) comprises a sub-step of modifying (S6) the image created to obtain the photo-finish image enhanced by placing in it a vertical line corresponding to said judgement line (D).
Martin, 0029, 0034, 0045
In regarding to claim 5 Martin teaches:
5. The method for judging according to claim 1, further comprising a step of calibrating (101) the third camera (30) with the first and second cameras (10, 20) from set of point correspondences between these cameras (10, 20, 30) with respect to the finish line.
Martin, 0029, 0034, 0045
In regarding to claim 6 Martin teaches:
6. The method for judging according to claim 1, further comprising a step of detecting the competitor (102) passing the finish line.
Martin, 0058
In regarding to claim 7 Martin teaches:
7. The method for judging according to claim 1, further comprising a step of detecting the competitor (102) passing the finish line, this step (102) comprising a sub-step of generating (103) identification data of each competitor having passed the finish line based on the processing of data relating to the view recorded by the video camera (30), carried out by the integrated artificial intelligence and OCR modules of the third video camera (30).
Martin, 0029, 0034, 0042-0045
In regarding to claim 8 Martin teaches:
8. The method for judging according to claim 1, further comprising a step of detecting the competitor (102) passing the finish line, this step (102) comprising a sub-step of generating (104) position data of each competitor having passed the finish line based on a correlation processing of data relating to images of the finish line captured by the first and second cameras (10, 20) and data relating to views recorded by the third video camera (30).
Martin, 0029, 0034, 0045
In regarding to claim 9 Martin teaches:
9. A system for judging at least one competitor as he crosses a judging line, such as a finishing line (50), with defined width, the said system implementing the method according to claim 1 comprising at least one camera (10, 20) for taking photo-finish images, disposed in alignment with the judging line, the system comprising at least one video camera (30) disposed above the judging line.
Martin, 0029, 0034, 0045
In regarding to claim 10 Martin teaches:
10. The system for judging at least one competitor according to claim 9, wherein the camera (10, 20) for taking photo-finish images and the video camera (30) are cameras calibrated with respect to each other in relation to the width of the judging line.
Martin, 0029, 0034, 0045
In regarding to claim 11 Martin teaches:
11. The system for judging at least one competitor according to claim 9, wherein the video camera (30) is centered with respect to the width of the judging line.
Martin, 0029, 0034, 0045
In regarding to claim 12 Martin teaches:
12. The system for judging at least one competitor according to claim 9, wherein the video camera (30) is located in a vertical plane perpendicular to the judging line.
Martin, 0029, 0034, 0045
In regarding to claim 13 Martin teaches:
13. The system for judging at least one competitor according to claim 9, further comprising a first and a second cameras (10, 20) for taking photo-finish images disposed on either side of the judging line, in alignment therewith.
Martin, 0029, 0034, 0045
In regarding to claim 14 Martin teaches:
14. The system for judging at least one competitor according to claim 9, wherein the video camera (30) is arranged at the same distance from the first and second cameras (10, 20) for taking photo-finish images.
Martin, 0029, 0034, 0045
In regarding to claim 15 Martin teaches:
15. The system for judging at least one competitor according to claim 9, wherein the camera (10, 20) for taking photo-finish images and the video camera (30) are arranged so as to have respectively an optical axis directed towards the judging line on the one hand, and arranged with respect to each other so as to have a distinct viewing angle on the other hand.
Martin, 0029, 0034, 0045
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.
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Martin US 2020/0372725 as applied to claim 1 above, and further in view of Octavian et al. WO 2023/177302.
In regarding to claim 2 Martin teaches:
2. The method for judging according to claim 1, wherein the step of generating (105) comprises: defining (S2) in an image created a reference point (A) in the vicinity of the competitor to be judged;
[0036] The user's total race time may be determined by comparing the commencement image with the finish image and comparing the times associated with each image (i.e., subtracting the commencement time from the finish time of the user). Each participant may be identified by comparing at least one of the sporting event images with a profile image using image recognition technology. Preferably the determination is conducted without the use of bib numbers or timing chips. More preferably, the identification is made using solely the images of the athlete. Most preferably, the images are matched with users using facial recognition technology, the details of which would be appreciated by those of ordinary skill in the art. An example of an image recognition timing system and method is described in PCT Publication No. WO2015/088795, the entire contents of which is incorporated by reference herein. If desired, more than one category of features may be used as part of the image recognition process. For example, facial features and at least one non-facial feature may be used to identify a user in a digital image captured during the sporting event. For example, a portion of an article of clothing may be used in combination with a facial feature to assist in identifying a user as a participant.
Martin, 0036, emphasis added
However, Martin fails to explicitly teach, but Octavian teaches:
analyzing (S3) in this image created a columns (B) of pixels contained in an analysis zone being defined between the reference point (A) and the competitor to be judged by being comprised between two lines (C) extending on either side of the horizontal time axis starting from the reference point (A),
In an embodiment, the detecting one or more objects in the video frames may include: determining one or more regions of interest ROIs in a video frame, each ROI comprising pixels representing an object; determine identifying features in one of the one or more ROIs; and, determine an object in the ROI based on the determined identifying features.
In an embodiment, the camera system may comprise a plurality of camera modules, preferably two camera modules forming a stereo camera, the stereo camera being configured to generate at each time instance at least a first video frame and a second video frame of the scene and wherein the depth map is determined based on a disparity mapping algorithm configured to determine a disparity between pixels of the first and second video frame.
Octavian, page 8 line 24-34, emphasis added.
Accordingly, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Octavian with the system of Marin in order to analyzing (S3) in this image created a columns (B) of pixels contained in an analysis zone being defined between the reference point (A) and the competitor to be judged by being comprised between two lines (C) extending on either side of the horizontal time axis starting from the reference point (A), as such, there is a need in the art for improved vision-based timing of sports events, that allows highly accurate and reliable determination of passing times and identification of participants in a sports event, in particular mass sports events…--page 2 lines 24-27.
Furthermore, Martin teaches:
these two lines (C) having an angular separation of at least 45 degrees;
[0029] Referring to FIG. 2, image collection devices 106 may be arranged in a variety of positions to optimally capture an athlete's image. For example, a series of alternating cameras may be positioned along an elevated or overhead position at or proximate start 112 to capture forward and/or overhead perspective views of an athlete approaching and crossing the start. Additional cameras may be positioned medially and/or laterally (left and/or right) of the start, and/or forward of the start. Proximate the starting line, one or more cameras 106b may be positioned at a lower elevation so that the digital commencement image is captured at an angle below a horizontal plane intersecting a chin of the athlete, or where desired, below a horizontal plane intersecting a waist of an athlete. Other camera angles may be used as desired.
Martin, 0029-0030, 0034 and Fig. 3, emphasis added
detecting (S5) a variation in the light intensity received by at least one pixel of one of the columns of pixels (B)[see under Octavian, page 8 line 24-34] contained in the analysis zone, referencing said column (B) as a judgement line (D).
[0058] A laser-emitter may be positioned at the starting line to create a laser detection grid to further enhance the accuracy of obtaining a commencement time. For example, an athlete encountering or passing through the laser detection grid would activate a sensor to record the precise time the athlete crosses the starting line. A camera may be synced to the sensor and take the digital commencement image of the athlete, which is then time-stamped and compared for race entry and/or timing purposes. A lighting system with one or more lights may be included to provide increased lighting where environmental factors create low lighting conditions.
Martin, 0058 and Fig. 3, emphasis added
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL T TEKLE whose telephone number is (571)270-1117. The examiner can normally be reached Monday-Friday 8:00-4:30 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William Vaughn can be reached at 571-272-3922. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL T TEKLE/Primary Examiner, Art Unit 2481
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