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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-3, 6-13, 15, 17-18, 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims1-2, 4-8, 11-12, 14 of U.S. Patent No. 12,380,700 in view of Galvez et al US 2020/0068351.
Patent No.12,380,700
Application No.19/287,877
Claim1 recites a video surveillance system comprising:
paired cameras to capture parallel video data streams of a surveillance field;
at least one beacon comprising at least one light emitting element and a controller providing an actuation sequence to the light emitting element such that it emits a binary signal comprising sequential on/off flashes;
and a video analytics system comprising a processor configured to receive video data captured by at least one of the paired cameras and analyse the video data for a presence of light emissions from a beacon, wherein the binary signal consists of a plurality of transmission packets,
each repeating an encoded set of data,
and each transmission packet comprising at least a first sub-packet comprising a fixed code and a second sub-packet which changes between transmission packets,
wherein the video analytics system processor is configured to identify the actuation sequence corresponding to the first sub-packet to determine a beacon identification and verify an authenticity of the beacon using the second changing sub-packet, wherein the at least one light emitting element comprises an infrared LED, wherein one of the paired cameras captures a video data stream with reduced background light detection and another of the paired cameras captures a conventional video stream.
Claim1 recites a method of video surveillance monitoring, the method comprising:
defining a surveillance field and providing at least one camera to capture video of the surveillance field;
providing a subject to be tracked with a beacon to transmit a binary signal comprising sequential on/off flashes; providing an actuation sequence to the beacon, the actuation sequence defining the binary signal, wherein the actuation sequence comprises a plurality of transmission packets,
each repeating an encoded set of data,
and wherein each transmission packet comprises a first sub-packet having fixed code and a second sub-packet which changes between the transmission packets;
and analyzing captured video from the at least one camera to detect beacon output within the surveillance field, determine an identity of the beacon using the first sub-packet, authenticate the identity using sequential changes of the second sub-packet to obtain an authenticated identity, and track movement of the beacon within the surveillance field.
Claim2 recites he video surveillance system of claim 1,
wherein the binary signal includes a divider signal to provide an indicator between the sub-packets.
Claim6 recites the method of claim 1,
wherein the binary signal includes a divider signal to provide an indicator between the first sub-packet and the second sub-packet, and between consecutive packets.
Claim4 recites the video surveillance system of claim 2, where the divider signal is a unique pattern not included in any other portion of the binary signal.
Claim7 recites the method of claim 6, wherein the divider signal is a unique pattern not included in any other portion of the binary signal.
Claim5 recites the video surveillance system of claim 1, wherein both the first and second sub-packet are binary sequences encoded using Fibonacci coding.
Claim8 recites the method of claim 6, wherein both the first and second sub-packet are binary sequences encoded using Fibonacci coding.
Claim6 recites the video surveillance system of claim 1, wherein the second sub-packet is generated using a public-private key.
Claim9 recites the method of claim 1, wherein the second sub-packet is generated using a public-private key.
Claim7 recites the video surveillance system of claim 1, wherein the plurality of transmission packets have a fixed bit length.
Claim10 recites the method of claim 1, wherein the plurality of transmission packets have a fixed bit length.
Claim8 recites the video surveillance system of claim 7, wherein the fixed bit length is selectable during system configuration.
Claim11 recites the method of claim 10, wherein the fixed bit length of the transmission packets and the first sub-packet and second sub-packet is selectable during
system configuration.
Claim12 recites the video surveillance system of claim 1,
wherein background light detection is reduced by applying a luminary threshold filter.
Claim12 recites the method of claim 1, further comprising a step of effectively reducing background light detection in the captured video to reduce light captured
from background sources.
Claim12 recites the video surveillance system of claim 1,wherein background light detection is reduced by applying a luminary threshold filter.
Claim13 recites the method of claim 12, wherein reducing background light detection
comprises applying a luminary threshold filter to the captured video.
Claiom11 recites the method of claim 1, wherein providing the actuation sequence to thebeacon, further comprises including a prescribed amount of jitter into a
timing of the actuation sequence.
Claim15 recites the method of claim 1, wherein providing the actuation sequence to the beacon, further comprises including a prescribed amount of jitter into a timing of the actuation sequence.
Claim14 recites the video surveillance system of claim 1,
wherein at least some beacons are a wearable device
Claim17 recites the method of claim 1,
wherein providing the subject to be tracked with the beacon comprises providing the subject with a wearable device.
Claim1 recites a video surveillance system comprising:
paired cameras to capture parallel video data streams of a surveillance field;
at least one beacon comprising at least one
light emitting element and a controller providing an actuation sequence to the light emitting element such that it emits a binary signal comprising sequential on/off flashes;
and a video analytics system comprising a processor configured to receive video data captured by at least one of the paired cameras and analyse the video data for a presence of light emissions from a beacon, wherein the binary signal consists of a plurality of transmission packets,
each repeating an encoded set of data,
and each transmission packet comprising at least a first sub-packet comprising a fixed code and a second sub-packet which changes between transmission packets,
wherein the video analytics system processor is configured to identify the actuation sequence corresponding to the first sub-packet to determine a beacon identification and verify an authenticity of the beacon using the second changing sub-packet, wherein the at least one light emitting element comprises an infrared LED, wherein one of the paired cameras captures a video data stream with reduced background light detection and another of the paired cameras captures a conventional video stream.
Claim11 recites e video surveillance system of claim 1, wherein the controller includes jitter in the actuation sequence.
Claim18 recites a method of video surveillance monitoring, the method comprising:
defining a surveillance field and providing at least one camera to capture video of the surveillance field; providing a subject to be tracked with a beacon to transmit a binary signal comprising sequential on/off flashes;
analyzing video data captured by the at least one camera for a presence of light emissions from the beacon; and identifying the beacon using the binary signal, wherein the at least one camera and the beacon are non- synchronized;
and providing an actuation sequence to the beacon, the actuation sequence defining the binary signal,
the actuation sequence including a prescribed amount of jitter into a timing of the actuation sequence.
Claim1 recites a video surveillance system comprising:
paired cameras to capture parallel video data streams of a surveillance field;
at least one beacon comprising at least one
light emitting element and a controller providing an actuation sequence to the light emitting element such that it emits a binary signal comprising sequential on/off flashes;
and a video analytics system comprising a processor configured to receive video data captured by at least one of the paired cameras and analyse the video data for a presence of light emissions from a beacon, wherein the binary signal consists of a plurality of transmission packets,
each repeating an encoded set of data,
and each transmission packet comprising at least a first sub-packet comprising a fixed code and a second sub-packet which changes between transmission packets,
wherein the video analytics system processor is configured to identify the actuation sequence corresponding to the first sub-packet to determine a beacon identification and verify an authenticity of the beacon using the second changing sub-packet, wherein the at least one light emitting element comprises an infrared LED, wherein one of the paired cameras captures a video data stream with reduced background light detection and another of the paired cameras captures a conventional video stream.
Claim11 recites e video surveillance system
of claim 1, wherein the controller includes
jitter in the actuation sequence.
Claim20 recites method of video surveillance
monitoring, the method comprising:
defining a surveillance field and providing at least one camera to capture video of the surveillance field;
providing a subject to be tracked with a beacon to transmit a binary signal comprising sequential on/off flashes; providing an actuation sequence to the beacon, the actuation sequence defining the binary signal, wherein the actuation sequence comprises a plurality of transmission packets,
each repeating an encoded set of data, and wherein each transmission packet comprises a first sub- packet having fixed code and a second sub-packet which changes between transmission packets;
and analyzing captured video from the at least one camera to detect beacon output within the surveillance field, determine an identity of the beacon using the first sub-packet, and authenticate the identity using sequential changes of the second sub-packet;
and track movement of the beacon within the surveillance field wherein the at least one camera and the beacon are non- synchronized and wherein
providing the actuation sequence to the beacon further comprises including a prescribed amount of jitter into a timing of the actuation sequence.
Regarding claim1, the claims of the patent do not disclose and Galvez discloses track movement of the beacon within the surveillance field ([0005], tracking student within school building (surveillance field) based on signal transmitted by user devices (mobile computing devices or beacons)).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to track movement of beacon as in Galvez in order to detect, identify unauthorized person within the surveillance field(school) efficiently.
Regarding claim2, the claims of the patent do not disclose and Galvez discloses the method of claim 1, wherein the method further comprises providing an alert or a notification, in response to meeting predetermined criteria, derived from the tracked movement of the beacon within the surveillance field ([0064], the tracking and authorization module 110 sends an alert to the tracking device 162 operated, for example, by a security guard or school administrator, indicating that an unauthorized person was detected in the school building 113 and providing the location information).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to track movement of beacon as in Galvez in order to detect, identify unauthorized person within the surveillance field(school) efficiently.
Regarding claim3 the claims of the patent do not disclose and Galvez discloses the method of claim 2, wherein providing the alert or the notification comprises looking up the authenticated identity of the beacon in a set of access control rules stored in a data store ([0063-0064], student/faculty management system used to determine authorized/ unauthorized occupant based on table which maintained in the system, fig. 3).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to track movement of beacon as in Galvez in order to detect, identify unauthorized person within the surveillance field(school) efficiently.
Claim18 and 20 is rejected for similar reason as discussed in claim1 above.
Allowable Subject Matter
Claims4-5, 14, 16, 19 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GIRUMSEW WENDMAGEGN whose telephone number is (571)270-1118. The examiner can normally be reached 9:00-7:00 PM.
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, Thai Tran can be reached at (571) 272-7382. 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.
GIRUMSEW WENDMAGEGN
Primary Examiner
Art Unit 2484
/GIRUMSEW WENDMAGEGN/ Primary Examiner, Art Unit 2484
Prosecution Insights