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 .
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, 18 and 27 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 10, 971, 192 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because See the following table.
Instant Application
U.S. Patent No. 10, 971, 192 B2
1. (Original) A computer-implemented media processing method, comprising: - obtaining a media stream; - for each time window of a plurality of time windows of the media stream, determining a state associated with that time window, the state being one of a plurality of possible states; - obtaining input from a user, the input identifying one or more event criteria; - processing at least the state associated with each time window of the media stream to identify a subset of time windows of the plurality of time windows of the media stream that meet the one or more event criteria; and - taking an action involving the identified subset of time windows.
1. A computer-implemented method, comprising: obtaining motion indicators for a plurality of samples of a video stream; obtaining an anomaly state for a given time window of a plurality of time windows of the video stream, each of the time windows spanning a subset of the samples, by: obtaining estimated statistical parameters for the given time window based on measured statistical parameters characterizing the motion indicators for the samples in at least one time window of the video stream that precedes the given time window; and determining the anomaly state for the given time window based on the plurality of motion indicators obtained for the samples in the given time window and the estimated statistical parameters; and processing the video stream based on the anomaly state for various ones of the time windows.
Claims 18 and 27 list all similar elements of claim 1, but in non-transitory computer readable medium and system form rather than method form. Therefore, the supporting rationale of the rejection to claim 1 applies equally as well to claims 18 and 27.
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 1-2, 4, 10-12, 20, 24-26, 27, 29, 33-34 and 35 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Haimi-Cohen, US 2016/0021390.
In regarding to claim 1 Haimi-Cohen teaches:
1. (Original) A computer-implemented media processing method, comprising: - obtaining a media stream;
[0045] In various embodiments, server 115 is configured to operate an anomaly determination algorithm and/or routine. According to various embodiments, server 115 may be configured to receive one or more source signals and/or video streams, as measured and/or recorded by the motion detection devices 105, and determine and/or detect an anomaly in the source signal and/or video stream. In such embodiments, server 115 may also be configured to notify one or more client devices (e.g., clients 120A-B) when an anomaly has been detected by issuing a flag, or otherwise indicating, that an anomaly has been detected.
Haimi, 0044-0047, emphasis added.
for each time window of a plurality of time windows of the media stream, determining a state associated with that time window, the state being one of a plurality of possible states;
[0038] Anomalies may be characterized as any deviation, departure, or change from a normal and/or common order, arrangement, and/or form. In a source signal and/or video data, an anomaly may be defined as any difference between two or more images, video frames, and/or other like data structure. For example, in a network of cameras monitoring a crossroad and/or intersection of streets, an anomaly may be defined as any change in an image or video frame that is detected by the network of cameras, which is different than one or more other images or video frames. In various embodiments, anomalies may be characterized as a motion and/or movement in a location and/or position, where no movement should be present. Additionally, an anomaly may be characterized as an unexpected motion and/or movement in a desired location and/or position, where a desired motion usually occurs. For example, in a network of cameras monitoring a crossroad and/or intersection of streets, an anomaly may be defined as motion in a direction that is not allowed by traffic laws at the intersection, a speed of a vehicle at the intersection above a desired threshold, and/or a motion that is outside a desired boundary or boundaries of the streets.
Haimi, 0038, 0044-0047, emphasis added.
obtaining input from a user, the input identifying one or more event criteria;
[0045] In various embodiments, server 115 is configured to operate an anomaly determination algorithm and/or routine. According to various embodiments, server 115 may be configured to receive one or more source signals and/or video streams, as measured and/or recorded by the motion detection devices 105, and determine and/or detect an anomaly in the source signal and/or video stream. In such embodiments, server 115 may also be configured to notify one or more client devices (e.g., clients 120A-B) when an anomaly has been detected by issuing a flag, or otherwise indicating, that an anomaly has been detected.
[0047] As shown in FIG. 1, only two client devices 120A-B and a single server 115 are present. According to various embodiments, multiple client devices, multiple servers, and/or any number of databases (not shown) may be present. Additionally, in some embodiments, client devices 120A-B and server 115 may be virtual machines, and/or they may be provided as part of a cloud computing service. In various embodiments, client devices 120A-B and server 115 may reside on one physical hardware device, and/or may be otherwise fully integrated with one another, such that, in various embodiments, one or more operations that are performed by server 115 may be performed by client devices 120A-B.
[0125] As shown in operation S540, the server 115 constructs video from the received measurement vector. Once the client devices are issued a notification or otherwise alerted of a source signal or video stream that includes a determined motion meeting and/or exceeding the desired threshold, operators associated with the one or more client devices may wish to review the video in order to observe the detected motion. Thus, in various embodiments, the compressed and/or encoded video may be constructed from the received measurement vectors and/or the feature vectors. However, it should be noted that reconstructing the video is optional, and the method may be performed without having to construct and/or reconstruct the video.
Haimi, 0044-0047, 0125 emphasis added.
processing at least the state associated with each time window of the media stream to identify a subset of time windows of the plurality of time windows of the media stream that meet the one or more event criteria; and taking an action involving the identified subset of time windows.
[0045] In various embodiments, server 115 is configured to operate an anomaly determination algorithm and/or routine. According to various embodiments, server 115 may be configured to receive one or more source signals and/or video streams, as measured and/or recorded by the motion detection devices 105, and determine and/or detect an anomaly in the source signal and/or video stream. In such embodiments, server 115 may also be configured to notify one or more client devices (e.g., clients 120A-B) when an anomaly has been detected by issuing a flag, or otherwise indicating, that an anomaly has been detected.
[0047] As shown in FIG. 1, only two client devices 120A-B and a single server 115 are present. According to various embodiments, multiple client devices, multiple servers, and/or any number of databases (not shown) may be present. Additionally, in some embodiments, client devices 120A-B and server 115 may be virtual machines, and/or they may be provided as part of a cloud computing service. In various embodiments, client devices 120A-B and server 115 may reside on one physical hardware device, and/or may be otherwise fully integrated with one another, such that, in various embodiments, one or more operations that are performed by server 115 may be performed by client devices 120A-B.
[0125] As shown in operation S540, the server 115 constructs video from the received measurement vector. Once the client devices are issued a notification or otherwise alerted of a source signal or video stream that includes a determined motion meeting and/or exceeding the desired threshold, operators associated with the one or more client devices may wish to review the video in order to observe the detected motion. Thus, in various embodiments, the compressed and/or encoded video may be constructed from the received measurement vectors and/or the feature vectors. However, it should be noted that reconstructing the video is optional, and the method may be performed without having to construct and/or reconstruct the video.
Haimi, 0044-0047, 0125, emphasis added.
In regarding to claim 2 Haimi-Cohen teaches:
2. (New) The method defined in claim 1, wherein the media stream is a video stream, and wherein the state comprises an anomaly state.
[0038] Anomalies may be characterized as any deviation, departure, or change from a normal and/or common order, arrangement, and/or form. In a source signal and/or video data, an anomaly may be defined as any difference between two or more images, video frames, and/or other like data structure. For example, in a network of cameras monitoring a crossroad and/or intersection of streets, an anomaly may be defined as any change in an image or video frame that is detected by the network of cameras, which is different than one or more other images or video frames. In various embodiments, anomalies may be characterized as a motion and/or movement in a location and/or position, where no movement should be present. Additionally, an anomaly may be characterized as an unexpected motion and/or movement in a desired location and/or position, where a desired motion usually occurs. For example, in a network of cameras monitoring a crossroad and/or intersection of streets, an anomaly may be defined as motion in a direction that is not allowed by traffic laws at the intersection, a speed of a vehicle at the intersection above a desired threshold, and/or a motion that is outside a desired boundary or boundaries of the streets.
Haimi, 0038, emphasis added.
In regarding to claim 4 Haimi-Cohen teaches:
4. (New) The method defined in claim 3, wherein the one or more event criteria comprise at least one user-specified anomaly state of interest.
Haimi, 0143-0146
In regarding to claim 10 Haimi-Cohen teaches:
10. (New) The method defined in claim 1, further comprising presenting to the user a graphical user interface (GUI) for enabling selection of the one or more event criteria by the user.
Haimi, 0124-0125
In regarding to claim 11 Haimi-Cohen teaches:
11. (New) The method defined in claim 1, wherein the one or more event criteria comprise user-specified contextual metadata.
Haimi, 0124-0125
In regarding to claim 12 Haimi-Cohen teaches:
12. (New) The method defined in claim 1, wherein the one or more event criteria comprise a combination of statistical and non-statistical criteria.
Haimi, 0136
Claims 18, 20, 24-25 and 26 list all similar elements of claims 1, 4, 10-11 and 12, but in non-transitory computer readable medium form rather than method form. Therefore, the supporting rationale of the rejection to claims 1, 4, 10-11 and 12 applies equally as well to claims 18, 20, 24-25 and 26.
Claims 27, 29, 33-34 and 35 list all similar elements of claims 1, 4, 10-11 and 12, but in system form rather than method form. Therefore, the supporting rationale of the rejection to claims 1, 4, 10-11 and 12 applies equally as well to claims 27, 29, 33-34 and 35.
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.
Claims 3, 5-7, 19, 21-23, 28, 30-31 and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Haimi-Cohen, US 2016/0021390 as applied to claims 1-2 above, and further in view of Javan Roshtkhari et al. US 2017/0103264.
In regarding to claim 3 Haimi-Cohen teaches:
3. (New) The method defined in claim 2, however, Haimi fails to explicitly teach, but Javan teaches: wherein the video stream comprises a sequence of samples, wherein each of the plurality of time windows spans a subset of samples of the video stream,
[0158] As illustrated in FIG. 3, the algorithm includes three main steps: sampling and coding the video to construct spatio-temporal volumes, probabilistic modeling of relative compositions of the spatio-temporal volumes, and application of the inference mechanism 18 to make decisions about newly observed videos. To construct a probabilistic model for an arrangement of the spatio-temporal volumes of “normal” actions, a few sample video frames containing such behaviors are used. These examples are observed in order to initialize (or train) the algorithm. Within the following sections these video frames are referred to as the “training set” 46. Although, currently, this probabilistic model is created during initialization, any other valid action that has not actually been observed during initialization can also be used.
Javan, 0158-0159, emphasis added.
wherein the method further comprises obtaining motion indicators for the subset of samples, and wherein for a given time window,
Javan, 0186
determining the anomaly state associated with the given time window comprises: obtaining estimated statistical parameters for the given time window based on measured statistical parameters characterizing the motion indicators for the subset of samples in at least one time window of the video stream that precedes the given time window;
Javan, 0158, 0159, 0186
and determining the anomaly state for the given time window based on the motion indicators obtained for the subset of samples in the given time window and the estimated statistical parameters.
Javan, 0158, 0159, 0186
Accordingly, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to combine Javan with the system of Haimi in order wherein the video stream comprises a sequence of samples, wherein each of the plurality of time windows spans a subset of samples of the video stream, wherein the method further comprises obtaining motion indicators for the subset of samples, and wherein for a given time window, determining the anomaly state associated with the given time window comprises: obtaining estimated statistical parameters for the given time window based on measured statistical parameters characterizing the motion indicators for the subset of samples in at least one time window of the video stream that precedes the given time window; and determining the anomaly state for the given time window based on the motion indicators obtained for the subset of samples in the given time window and the estimated statistical parameters, as such, comparing the video to a dataset and retrieving at least one similar video, activity and event labeling, and performing abnormal and normal event detection..—Abstract.
Note: The motivation that was applied to claim 3 above, applies equally as well to claims 5-7, 19, 21-23, 28, 30-31 and 32 as presented blow.
In regarding to claim 5 Haimi and Javan teaches:
5. (New) The method defined in claim 1, furthermore, Javan teaches: wherein the media stream is a video stream containing video data and wherein taking an action involving the identified subset of time windows comprises displaying the video data associated with the subset of time windows of the video stream on a screen.
Javan, 0158, 0159, 0186
In regarding to claim 6 Haimi and Javan teaches:
6. (New) The method defined in claim 5, furthermore, Javan teaches: further comprising implementing a graphical user interface providing the user with an opportunity to dynamically change the one or more event criteria.
Javan, 0158-, 0159, 0186
In regarding to claim 7 Haimi and Javan teaches:
7. (New) The method defined in claim 5, furthermore, Javan teaches: further comprising displaying an event list conveying occurrences where an event matching the one or more event criteria is found in the video stream.
Javan, 0158, 0159, 0186
In regarding to claim 8 Haimi and Javan teaches:
8. (New) The method defined in claim 1, furthermore, Javan teaches: wherein the input from the user comprises duration parameters regarding a media summary to be created from the identified subset of time windows and wherein taking an action involving the identified subset of time windows comprises creating a media summary that respects the duration parameters.
Javan, 0158, 0159, 0186
In regarding to claim 9 Haimi and Javan teaches:
9. (New) The method defined in claim 1, furthermore, Javan teaches: wherein states associated with the identified subset of time windows are indicative of one or more events that match the one or more event criteria.
Javan, 0158, 0159, 0186
In regarding to claim 13 Haimi and Javan teaches:
13. (New) The method defined in claim 1, furthermore, Javan teaches: wherein taking an action involving the identified subset of time windows comprises creating a media summary based on the identified subset of time windows.
Javan, 0158, 0159, 0186
In regarding to claim 14 Haimi and Javan teaches:
14. (New) The method defined in claim 13, furthermore, Javan teaches: further comprising storing the media summary in a computer memory.
Javan, 0158, 0159, 0186
In regarding to claim 15 Haimi and Javan teaches:
15. (New) The method defined in claim 13, furthermore, Javan teaches: wherein creating the media summary based on the identified subset of time windows comprises concatenating the identified subset of time windows to create a single media summary stream.
Javan, 0158, 0159, 0186
In regarding to claim 16 Haimi and Javan teaches:
16. (New) The method defined in claim 13, furthermore, Javan teaches: wherein the media summary includes portions of a video stream and additional information associated with the video stream.
Javan, 0158, 0159, 0186
In regarding to claim 17 Haimi and Javan teaches:
17. (New) The method defined in claim 16, furthermore, Javan teaches: wherein the additional information associated with the video stream comprises anomaly information associated with the video stream.
Javan, 0158, 0159, 0186
Claims 19, 21-22 and 23 list all similar elements of claims 3, 5-6 and 7, but in non-transitory computer readable medium form rather than method form. Therefore, the supporting rationale of the rejection to claims 3, 5-6 and 7 applies equally as well to claims 19, 21-22 and 23.
Claims 28, 30-31 and 22 list all similar elements of claims 3, 5-6 and 7, but in system form rather than method form. Therefore, the supporting rationale of the rejection to claims 3, 5-6 and 7 applies equally as well to claims 28, 30-31 and 22.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Nemati et al. US 2018/0322448
Alcock et al US 2018/0285633
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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/DANIEL T TEKLE/Primary Examiner, Art Unit 2481
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