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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. allowance or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation(s): “inquiry reception unit”, “mage acquisition unit", “screen configuration unit”, “screen transmission unit”, “group management unit”, “position reception unit”, “terminal determination means”, “instruction transmission means”, “image reception means”, “image accumulation unit”, “screen configuration unit”, “ranking means”, “configuration means”, “preservation means”, “location acquisition unit”, “inquiry acquisition unit”, “user transmission unit”, “user reception unit”, “user output unit”, “inquiry acquisition unit” are: generic placeholder as applied in any of the claims 1-13.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Allowable Subject Matter
Claims 2, 3, 5, 7, 9, 10 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.
Claims 4, 6, 8 objected as being dependent on objected claim.
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.
Claim(s) 1, 11, 12, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suttmann et al. (2018/0174342) “Suttmann”
As of claim 1, Suttmann teaches
An information processing device, comprising:
an inquiry reception unit, receiving, from a user terminal, an inquiry comprising identification information for identifying a plurality of locations of comparison targets ([0025, 0026] teaches reception part sequentially receives moving target terminal identifiers and position coordinates over time. First metadata 115 and second metadata 116 each include filed for camera ID, camera location [latitude/longitude], camera angle, view field, first object, and first object position);
a image acquisition unit, acquiring images transmitted from mobile terminals present at the respective locations identified by the identification information ([0019, 0020]. Figs.1, 2 teach the initial visual media 101 – which may be a standalone photo, multiple images, or video- capture an individual 110 and a post 111 from a primary angle. A secondary angle then records a different perspective 102, showing only a partial view of the person 110 but revealing full, unobstructed views of both the post 111 and a firearm 122);
a screen configuration unit, forming a screen by using the images ([0028], Fig.5 teach an integrated data image 501 is formatted specifically for automated computer processing instead of human review. This machine centric file merges the initial and secondary frames 101, 102 along with their respective features elements 301, 302 and associated information tags 115, 116).
In an obvious variation Suttmann teaches wherein said
a screen transmission unit, transmitting the screen to the user terminal ([0037] teaches processor then sends 606 the combined image to the desired human or electronic processor, wherein the process can be considered as the user terminal).
Therefore, it would be obvious to one ordinary skill in the art before the effective filing date to modify Suttmann apparatus as shown above, so to it is left to the destination machine to decide how to process the combined image (see [0037]).
As of claim 11, Suttmann teaches
A user terminal, comprising:
a location acquisition unit, acquiring a location identifier identifying a location of a user terminal ([0019, 0020]. Figs.1, 2);
an inquiry acquisition unit, acquiring an inquiry comprising identification information by using the location identifier ([0025, 0026]);
a user reception unit, receiving, from the information processing device, a screen formed by using images of a plurality of locations comprising the location identified by the location identifier ([0025, 0026]); and
a user terminal, comprising a user output unit, outputting the screen ([0019, 0020] teaches using camera and video stream to process images accordingly wherein it can be considered that it includes a user terminal that comprise a screen for the image viewing process).
In an obvious variation Suttmann teaches wherein said
a user transmission unit, transmitting the inquiry to an information processing device ([0037] teaches processor then sends 606 the combined image to the desired human or electronic processor, wherein the process can be considered as the user terminal).
Therefore, it would be obvious to one ordinary skill in the art before the effective filing date to modify Suttmann apparatus as shown above, so to it is left to the destination machine to decide how to process the combined image (see [0037]).
As of claim 12, Suttmann teaches
A user terminal, comprising:
an inquiry acquisition unit, acquiring an inquiry comprising identification information comprising a user identifier ([0025, 0026]);
a user reception unit, receiving, from the information processing device, a screen formed by using images of a plurality of locations identified by a plurality of location identifiers corresponding to the user identifier ([0019, 0025, 0026]); and
a user output unit, outputting the screen ([0019, 0020] teaches using camera and video stream to process images accordingly wherein it can be considered that it includes a user terminal that comprise a screen for the image viewing process).
In an obvious variation Suttmann teaches wherein said
a user transmission unit, transmitting the inquiry to an information processing device ([0037] teaches processor then sends 606 the combined image to the desired human or electronic processor, wherein the process can be considered as the user terminal).
Therefore, it would be obvious to one ordinary skill in the art before the effective filing date to modify Suttmann apparatus as shown above, so to it is left to the destination machine to decide how to process the combined image (see [0037]).
As of claim 13, claim 13 is rejected the same as claims 1. Only claim 13 is a method claim.
Conclusion
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INSA . SADIO
Primary Examiner
Art Unit 2628
/INSA SADIO/Primary Examiner, Art Unit 2628
Prosecution Insights