UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`15/391,205
`
`12/27/2016
`
`Marie Kanda
`
`731156.570
`
`1040
`
`Seed IP Law Group LLP/Panason1e
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`SCHWARTZ” RAPHAEL M
`
`ART UNIT
`
`2661
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/08/2019
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`
`following e—mail address(es):
`US PTOeACtion @ SeedIP .Com
`
`pairlinkdktg @ seedip .eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`0/7709 A0170” Summary
`
`Application No.
`15/391,205
`Examiner
`Raphael Schwartz
`
`Applicant(s)
`Kanda et al.
`Art Unit
`2661
`
`AIA (FITF) Status
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1). Responsive to communication(s) filed on 11/27/2018.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a). This action is FINAL.
`
`2b) C] This action is non-final.
`
`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
`
`4)[:] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)
`Claim(s)
`
`1,8 and 21—34 is/are pending in the application.
`
`5a) Of the above claim(s)
`
`is/are withdrawn from consideration.
`
`E] Claim(s)
`
`is/are allowed.
`
`Claim(s) 1,8 and 21—34 is/are rejected.
`
`[:1 Claim(s) _
`
`is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
`
`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabie. you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`10)[:] The specification is objected to by the Examiner.
`
`11)[:] The drawing(s) filed on
`
`is/are: a)D accepted or b)l:] objected to by the Examiner.
`
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12):] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)D All
`
`b)I:J Some**
`
`c)C] None of the:
`
`1.[:] Certified copies of the priority documents have been received.
`
`2.[:] Certified copies of the priority documents have been received in Application No.
`
`3.[:] Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`2) D Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20190226
`
`

`

`Application/Control Number: 15/391,205
`Art Unit: 2661
`
`Page 2
`
`DETAILED ACTION
`
`Response to Amendment
`
`1.
`
`Applicant’s response to the last Office Action, filed on 11/27/2018 has been
`
`entered and made of record.
`
`2.
`
`Applicant’s amendments necessitated the new ground of rejection set forth
`
`herein; therefore this action is made final.
`
`3.
`
`4.
`
`35 USC § 101 rejection is withdrawn, see analysis below.
`
`The terminal disclaimer filed on 11/27/2018 disclaiming the terminal portion of
`
`any patent granted on this application which would extend beyond the expiration dates
`
`of listed application numbers and patent numbers has been reviewed and is accepted.
`
`The terminal disclaimer has been recorded.
`
`5.
`
`Double patenting rejection in view of application numbers 15/484,931,
`
`15/099,352 and 14/496,051 is maintained, as the filed terminal disclaimer did not
`
`address these applications.
`
`6.
`
`Rejection of claims 24 and 31 under 35 USC 112(b) is added below in view of the
`
`amendment.
`
`Response to Arguments
`
`1.
`
`Applicant's arguments filed on 11/27/2018 have been fully considered but they
`
`are not persuasive.
`
`2.
`
`The Koiso reference (US PGPub 2009/0164284) is added in view of newly
`
`amended claims. The new teachings are provided below for convenience:
`
`

`

`Application/Control Number: 15/391,205
`Art Unit: 2661
`
`Page 3
`
`Koiso 11 0070 and 0071 teach displaying selection items including analysis and
`
`display conditions, “In step 8T1, the control section 37 displays on the display section
`
`32 an input screen for analysis conditions.” 11 0078 teaches displaying an output list in
`
`which the moving objects/flow lines which satisfied selection condition/staying time and
`
`the selected analysis and display conditions, “As shown in FIG. 13, the output list table
`
`60 has an analysis condition item area 61, a flow line ID area 62...”)
`
`It would have been obvious to one of ordinary skill in the art to have combined
`
`Papke’s retail analytics system with Koiso’s retail analytics system (which explicitly
`
`teaches displaying the selection items and displaying a moving object list). Papke
`
`already teaches using selectable fields including analysis and display conditions but
`
`doesn’t explicitly teach displaying them on a monitor. Papke also teaches dwell timeline
`
`reporting in which moving individuals which satisfy the dwell criteria within the
`
`selectable periods and intervals are displayed in a dwell timeline report, but doesn’t
`
`explicitly teach displaying a list of these individuals. Koiso provides explicit teachings for
`
`these features. Features such as displaying selectors and output lists are well-known
`
`and widely-used in the art and cannot be considered a non-obvious improvement over
`
`the prior art especially in view of Koiso’s and Papke’s relevant teachings here. Using
`
`known engineering design, no “fundamental” operating principle of the teachings are
`
`changed; they continue to perform the same functions as originally taught prior to being
`
`combined.
`
`

`

`Application/Control Number: 15/391,205
`Art Unit: 2661
`
`Page 4
`
`Positive Statement— 35 USC § 101
`
`The claims are directed towards a system for video-based surveillance and
`
`analytics which includes user interface elements related to displaying selectors and
`
`outputs of analysis and includes elements related to a client/server architecture. Such
`
`action does not describe a concept similar to those found by the courts to be abstract,
`
`such as an idea itself (standing alone), a mathematical relationship, or a merely routine
`
`computer implementation of an abstract idea. In contrast, the invention claimed here is
`
`directed towards a concept inextricably tied to computer technology, and overcomes a
`
`problem specifically arising in the realm of computer-based surveillance analytics.
`
`Accordingly, the claim is found to be eligible under 35 U.S.C. 101.
`
`Double Parenting
`
`1.
`
`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,
`
`

`

`Application/Control Number: 15/391 ,205
`Art Unit: 2661
`
`Page 5
`
`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 §§ 706.02(l)(1) -
`
`706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be
`
`used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application
`
`in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26,
`
`PTO/AlA/25, or PTO/AlA/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/process/file/efs/guidance/eTD-info-l.jsp.
`
`2.
`
`Claims 1, 8, 21 -34 are rejected on the ground of nonstatutory double patenting
`
`as being unpatentable over claims of copending patent applications 15/484,931,
`
`

`

`Application/Control Number: 15/391 ,205
`Art Unit: 2661
`
`Page 6
`
`15/099,352 and 14/496,051 in view of Zhu (US PGPub 2014/0270358) and Koiso (US
`
`PGPub 2009/0164284).
`
`Regarding claim 1, 15/040,687 teaches a moving information analyzing system
`
`(claim 1, extracting information related to a moving object) comprising:
`
`wherein the camera
`
`captures an image of an object region, (claim 1, teaches a captured image of a
`
`moving object)
`
`extracts moving information regarding a staying position or a passing position of
`
`each moving object, (claim 1, ‘extracts flow line information relating to a staying position
`
`or a passing position of a moving object’)
`
`stores the extracted moving information of each moving object, (claim 1, flow line
`
`information relating to a staying position or a passing position of a moving object.)
`
`and transmits a captured image of the object region and the moving information
`
`of each moving object (claim 1, ‘transmits the generated captured image and the
`
`extracted flow line information of the moving object’)
`
`wherein the system acquires
`
`moving information of at least one moving object satisfying a selection condition
`
`regarding a specific behavior on the basis of the moving information of each moving
`
`object transmitted from the camera, (claim 1, the server receives the flow line
`
`information)
`
`generates a moving information analysis image in which the moving information
`
`of at least one moving object satisfying the selection condition regarding the specific
`
`behavior is superimposed on the captured image transmitted from the camera, and
`
`

`

`Application/Control Number: 15/391,205
`Art Unit: 2661
`
`Page 7
`
`(claim 1, ‘generates a flow line analysis image in which the flow line information of the
`
`moving object is superimposed on the captured image’)
`
`displays the moving information analysis image on a monitor connected to the
`
`system. (claim 1)
`
`In the field of retail video analytics Zhu teaches a camera that captures an image
`
`of an object region and also teaches that the server and camera are connected to each
`
`other (11 0024, “The cameras 102a-n are connected via interconnect 105 to metric
`
`server 106.” 11 0028, “the camera 102a outputs metrics, such as the metric 113a,
`
`regarding people in the video frame to the metric server 106.”)
`
`It would have been obvious to one of ordinary skill in the art to have combined
`
`15/040,687’s retail analytics system with Zhu's retail analytics system (which explicitly
`
`teaches a camera that captures an image of an object region and also teaches that the
`
`server and camera are connected to each other). Using a connected server to process
`
`video data is well-known and widely-used in the art and cannot be considered a non-
`
`obvious improvement over the prior art especially in view of Zhu’s relevant teachings
`
`here. Using known engineering design, no “fundamental” operating principle of the
`
`teachings are changed; they continue to perform the same functions as originally taught
`
`prior to being combined.
`
`In the field of retail video analytics Koiso teaches displaying said selection items
`
`and displaying a display list including the at least one moving object satisfying the
`
`selection condition regarding the specific behavior, the analysis condition and the
`
`display condition. (11 0070 and 0071 teaches displaying selection items including
`
`analysis and display conditions, “In step 8T1, the control section 37 displays on the
`
`

`

`Application/Control Number: 15/391,205
`Art Unit: 2661
`
`Page 8
`
`display section 32 an input screen for analysis conditions.” 11 0078 teaches displaying
`
`an output list in which the moving objects/flow lines which satisfied selection
`
`condition/staying time and the selected analysis and display conditions, “As shown in
`
`FIG. 13, the output list table 60 has an analysis condition item area 61, a flow line ID
`
`area 62, a transaction ID area 63, a shopping pattern data area 64 for each sub-area,
`
`an entrance sub-area ID area 64, and an exit sub-area ID area 65.”)
`
`It would have been obvious to one of ordinary skill in the art to have combined
`
`the above applications’ retail analytics system with Koiso’s retail analytics system
`
`(which explicitly teaches displaying the selection items and displaying a moving object
`
`list). Features such as displaying selectors and output lists are well-known and widely-
`
`used in the art and cannot be considered a non-obvious improvement over the prior art
`
`especially in view of Koiso’s relevant teachings here. Using known engineering design,
`
`no “fundamental” operating principle of the teachings are changed; they continue to
`
`perform the same functions as originally taught prior to being combined.
`
`The remaining patents are rejected with a similar analysis.
`
`Claim Rejections - 35 USC § 1 12
`
`3.
`
`The following is a quotation of 35 U.S.C. 112(b):
`(b) CONCLUSION—The specification shall conclude with one or more claims particularly
`pointing out and distinctly claiming the subject matter which the inventor or a joint inventor
`regards as the invention.
`
`The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph:
`The specification shall conclude with one or more claims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
`
`4.
`
`Claims 24 and 31 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-
`
`AIA), second paragraph, as being indefinite for failing to particularly point out and
`
`

`

`Application/Control Number: 15/391,205
`Art Unit: 2661
`
`Page 9
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`distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA
`
`the applicant regards as the invention. Examiner finds that the following phrase is
`
`unclear: “the analysis condition is a salesperson or a customer.” Examiner finds that this
`
`language suggests that each of the two types of monitored people are an analysis
`
`condition. It is not clear to Examiner what this would mean. Pg. 72, II. 15-20 of the
`
`specification provides a clearer explanation: “the "analysis condition" is
`
`"salesperson/customer basis", the "display condition" is a "salesperson". In other words,
`
`moving information analysis image .
`
`.
`
`. shows only staying information of
`
`"salespersons".”
`
`Examiner finds that the following language would more clearly convey the
`
`specification’s meaning: the analysis condition allows selection on a salesperson or
`
`customer basis.
`
`Claim Rejections - 35 USC § 103
`
`1.
`
`In the event the determination of the status of the application as subject to AIA 35
`
`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any
`
`correction of the statutory basis for the rejection will not be considered a new ground of
`
`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
`
`the same under either status.
`
`2.
`
`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
`
`

`

`Application/Control Number: 15/391,205
`Art Unit: 2661
`
`Page 10
`
`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.
`
`3.
`
`Claims 1, 8, 21-34 is/are rejected under 35 U.S.C. 103 as being unpatentable
`
`over Papke (US PGPub 2011/0231419) in view of Zhu (US PGPub 2014/0270358) and
`
`Koiso (US PGPub 2009/0164284).
`
`Regarding claim 1, Papke teaches a moving information analyzing system
`
`(Papke teaches a system for monitoring persons in a retail area, tracking their
`
`movement and producing analytics regarding their movement behaviors, see 11 0048.)
`
`comprising:
`
`wherein the camera
`
`captures an image of an object region, (11 0048, “The camera 135 may capture
`
`sequential images or video of an area”)
`
`extracts moving information regarding a staying position or a passing position of
`
`moving objects in the object region, (11 0086, “A dwell-time evaluation module 162 may
`
`be used to determine how long object 510 dwelled or lingered in region 520.”)
`
`stores the extracted moving information of each moving object, (11 0048 teaches
`
`storing event records and event metadata.)
`
`and transmits a captured image of the object region and the moving information
`
`of each moving object (11 0048, “The camera 135 may send the images or video of the
`
`area to the analyzer 130 which then processes the images or video to determine
`
`occurrences of activity or interest.” Also see transmission at 11 0052 and 0053 which
`
`teaches transmission of the videos and moving information extracted from each object
`
`to the temporary database module and persistent database module.)
`
`wherein the system acquires
`
`

`

`Application/Control Number: 15/391 ,205
`Art Unit: 2661
`
`Page 11
`
`moving information of at least one moving object satisfying a selection condition
`
`regarding a specific behavior on the basis of the moving information of each moving
`
`object transmitted from the camera, (11 0053, “The analyzer 130 may provide the event
`
`records or sets of event metadata to a persistent database module 150 from which
`
`analyzer 130 may additionally or alternatively provide metadata regarding respective
`
`events to persistent database module 150. The event metadata may, for example,
`
`include an event type that identifies the type of event (e.g., linger, speed, customer
`
`count, employee count, population count, demographic, security), event location
`
`identifier, event time identifier.”)
`
`a first selection item including an analysis condition and a second selection item
`
`including a display condition, (11 0117 and 0124 teach selectable fields such as analysis
`
`periods and intervals (i.e., analysis conditions) and corresponding selectable options for
`
`the fields (i.e., display conditions).)
`
`in response to selection of the analysis condition and the display condition
`
`analyzing the moving information of the at least one moving object satisfying the
`
`selection condition regarding the specific behavior and generating a moving information
`
`analysis image in which the moving information of the at least one moving object
`
`satisfying the selection criteria regarding the specific behavior that satisfies the analysis
`
`condition and the display condition is superimposed on the captured image transmitted
`
`from the camera, (11 0124 teaches dwell timeline reporting in which moving individuals
`
`which satisfy the dwell criteria within the selectable periods and intervals are displayed
`
`in a dwell timeline report. Also, 11 0054, “an evaluator module 160 to interface directly
`
`with persistent database 155 .
`
`.
`
`. Evaluator module 160 may include a plurality of sub-
`
`

`

`Application/Control Number: 15/391,205
`Art Unit: 2661
`
`Page 12
`
`evaluator modules such as .
`
`.
`
`. a heatmap module 166 which may implement track
`
`and/or dwell time heatmapping.” Also see Fig. 10.)
`
`displays the moving information analysis image on a monitor connected to the
`
`system; and (11 0047)
`
`Papke does not expressly disclose displaying said selection items and displaying
`
`a display list including said moving object.
`
`In the field of retail video analytics Koiso teaches displaying said selection items
`
`and displaying a display list including the at least one moving object satisfying the
`
`selection condition regarding the specific behavior, the analysis condition and the
`
`display condition. (11 0070 and 0071 teach displaying selection items including analysis
`
`and display conditions, “In step 8T1, the control section 37 displays on the display
`
`section 32 an input screen for analysis conditions.” 1] 0078 teaches displaying an output
`
`list in which the moving objects/flow lines which satisfied selection condition/staying
`
`time and the selected analysis and display conditions, “As shown in FIG. 13, the output
`
`list table 60 has an analysis condition item area 61, a flow line ID area 62, a transaction
`
`ID area 63, a shopping pattern data area 64 for each sub-area, an entrance sub-area ID
`
`area 64, and an exit sub-area ID area 65.”)
`
`It would have been obvious to one of ordinary skill in the art to have combined
`
`Papke’s retail analytics system with Koiso’s retail analytics system (which explicitly
`
`teaches displaying the selection items and displaying a moving object list). Papke
`
`already teaches using selectable fields including analysis and display conditions but
`
`doesn’t explicitly teach displaying them on a monitor. Papke also teaches dwell timeline
`
`reporting in which moving individuals which satisfy the dwell criteria within the
`
`

`

`Application/Control Number: 15/391,205
`Art Unit: 2661
`
`Page 13
`
`selectable periods and intervals are displayed in a dwell timeline report, but doesn’t
`
`explicitly teach displaying a list of these individuals. Koiso provides explicit teachings for
`
`these features. Features such as displaying selectors and output lists are well-known
`
`and widely-used in the art and cannot be considered a non-obvious improvement over
`
`the prior art especially in view of Koiso’s and Papke’s relevant teachings here. Using
`
`known engineering design, no “fundamental” operating principle of the teachings are
`
`changed; they continue to perform the same functions as originally taught prior to being
`
`combined.
`
`The above combination does not expressly disclose transmitting to a server on a
`
`predetermined transmission cycle (Koiso does teach transmitting the image data to a
`
`flow line server. Papke teaches transmitting images and information from the camera to
`
`'database modules.’)
`
`In the field of retail video analytics Zhu teaches a camera and a server that are
`
`connected to each other and that said transmission is to the server in a predetermined
`
`transmission cycle (11 0024, “The cameras 102a-n are connected via interconnect 105 to
`
`metric server 106.” 11 0028, “the camera 102a outputs metrics, such as the metric 113a,
`
`regarding people in the video frame to the metric server 106. This process can be
`
`repeated for every video frame in a stream of video frames or may be done on a
`
`periodic or random basis.”)
`
`It would have been obvious to one of ordinary skill in the art to have combined
`
`Papke’s retail analytics system with Zhu's retail analytics system (which explicitly
`
`teaches that a server is used for video analytics). Papke already teaches using a
`
`‘database module’ but is absent an explicit teaching of using a ‘server’. Using a server
`
`

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`Application/Control Number: 15/391 ,205
`Art Unit: 2661
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`Page 14
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`to process video data is well-known and widely-used in the art and cannot be
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`considered a non-obvious improvement over the prior art especially in view of Zhu’s
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`relevant teachings here. Using known engineering design, no “fundamental” operating
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`principle of the teachings are changed; they continue to perform the same functions as
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`originally taught prior to being combined.
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`Claims 8 and 28-34 are the method claims corresponding to system claims 1 and
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`21 -27. The system necessarily requires method steps. Remaining limitations are
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`analyzed similarly. See detailed analysis above.
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`Regarding claim 21, the above combination teaches the moving information
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`analyzing system of claim 1 wherein the server: generates a second moving information
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`analysis image in which a subset of the at least one moving object satisfying the
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`selection condition regarding the specific behavior, the analysis condition and the
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`display condition is superimposed on the captured image transmitted from the camera,
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`and displays the second moving information analysis image on a monitor connected to
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`the server. (Papke 11 0054 teaches displaying track heatmapping in addition to the dwell
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`time heatmapping, “an evaluator module 160 to interface directly with persistent
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`database 155 .
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`.
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`. Evaluator module 160 may include a plurality of sub-evaluator
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`modules such as .
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`.
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`. a heatmap module 166 which may implement track and/or dwell
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`time heatmapping.” Also see Fig. 10A and 11 0099. And 11 0047 which teaches display on
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`a monitor.)
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`Regarding claim 22, the above combination teaches the moving information
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`analyzing system of claim 1 wherein the server: generates a third moving information
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`analysis image in which the moving information of at least one moving object satisfying
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`

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`Application/Control Number: 15/391,205
`Art Unit: 2661
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`Page 15
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`the selection condition regarding the specific behavior is superimposed on the captured
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`image transmitted from the camera, and displays the third moving information analysis
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`image on a monitor connected to the server. (Papke 11 0122 and 0124, 0152 teach that
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`its dwell mapping and occupancy analytics systems update at a selectable interval and
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`are reset at a particular time once a day, creating new analytics and a new instance of
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`the moving information analysis images.)
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`Regarding claim 23, the above combination teaches the moving information
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`analyzing system of claim 22 wherein the selection condition regarding the specific
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`behavior is a staying condition or a passing condition. (Papke ‘fl 0086, “A dwell-time
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`evaluation module 162 may be used to determine how long object 510 dwelled or
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`lingered in region 520.”)
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`Regarding claim 24, the above combination teaches the moving information
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`analysis system of claim 1 wherein the analysis condition is a salesperson or a
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`customer. (Koiso 11 0070-0071 teaches setting up a selectable analysis condition by the
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`recognized type of customer.)
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`Regarding claim 25, the above combination teaches the moving information
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`analysis system of claim 1 wherein the analysis condition is age. (Papke ‘fl 0075, “Event
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`records and/or event metadata may specify additional information characterizing the
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`event, for example, date, time, location, gender, age, ethnicity.” 11 0097 teaches that a
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`track heatmap (moving information analysis image superimposed on the captured
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`image) may be created to display the event records and/or event metadata. See Fig.
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`10.)
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`

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`Application/Control Number: 15/391,205
`Art Unit: 2661
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`Page 16
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`It would have been obvious to one of ordinary skill in the art to have combined
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`Papke’s retail analytics heat mapping module with its retail demographic analytics
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`module (which teaches breaking down customer analysis by age). Papke does not
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`expressly teach that heat mapping is broken down as a function of age but doing so
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`cannot be considered a non-obvious improvement in view of Papke’s demographic
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`analysis module specifically designed to break down customer video data by age. The
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`combination results in simply applying a customer breakdown to heatmapping analytics
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`module already being used in a similar analytics module. Using known engineering
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`design, no “fundamental” operating principle of the teachings are changed; they
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`continue to perform the same functions as originally taught prior to being combined.
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`Regarding claim 26, the above combination teaches the moving information
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`analysis system of claim 1 wherein the analysis condition is sex. (Papke ‘fl 0075, “Event
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`records and/or event metadata may specify additional information characterizing the
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`event, for example, date, time, location, nger, age, ethnicity.” 1) 0097 teaches that a
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`track heatmap (moving information analysis image superimposed on the captured
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`image) may be created to display the event records and/or event metadata. See Fig. 10.
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`See analysis of claim 25.)
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`Regarding claim 27, the above combination teaches the moving information
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`analysis system of claim 1 wherein the display list includes staying time for each listed
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`object. (Koiso teaches the display list in Fig. 13 with a second column, “staying time”)
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`

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`Application/Control Number: 15/391,205
`Art Unit: 2661
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`Page 17
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`Conclusion
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`Applicant’s amendments necessitated the new ground of rejection set forth
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`herein; therefore THIS ACTION IS MADE FINAL. Applicant is reminded of the
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`extension of time policy as set forth in 37 CFR 1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action.
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`In the event a first reply is filed within
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`TWO MONTHS of the mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the mailing date of this final action.
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`Contact Information
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to Raphael Schwartz whose telephone number is
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`(571)270-3822. The examiner can normally be reached on Monday - Friday 9AM - 5PM
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`CT.
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`Examiner interviews are available via telephone, in-person, and video
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`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
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`interview, applicant is encouraged to use the USPTO Automated Interview Request
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`(AIR) at http://www.uspto.gov/interviewpractice.
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`Application/Control Number: 15/391,205
`Art Unit: 2661
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`Page 18
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Vincent Rudolph can be reached on (571) 272-8243. The fax phone
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`number for the organiz