throbber

`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`wwwusptogov
`
`
`
`
`
`15/391,205
`
`12/27/2016
`
`Marie Kanda
`
`731156.570
`
`1040
`
`Seed IP Law Group LLPflDanasonic
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`SCHWARTZ, RAPHAEL M
`
`ART UNIT
`
`2665
`
`PAPER NUIVIBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`08/27/2018
`
`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.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 15/391,205 KAN DA ET AL.
`
`
`AIA (First Inventor to File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`Raphael Schwartz $22” 2665
`-- The MAILING DA TE of this communication appears on the cover sheet with 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 CFR1. 136( a).
`after SIX () MONTHS from the mailing date of this communication.
`If 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).
`
`In no event, however, may a reply be timely filed
`
`Status
`
`1)IZI Responsive to communication(s) filed on 12/27/2016.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|ZI This action is non-final.
`2a)|:l This action is FINAL.
`3)I:I 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 Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)IZI Claim(s) 1-20 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`is/are allowed.
`6)I:I Claim(s)
`7)|Z| Claim(s)_120 Is/are rejected.
`8)|:I Claim(s)_ is/are objected to.
`
`
`are subject to restriction and/or election requirement.
`9)I:I Claim((s)
`* If any claims have been determined allowable, 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
`htt
`:/'I’vaIW.uscto. ovI’ atentS/init events/
`
`
`
`I/index.‘s or send an inquiry to PPI-ifeedback{®usgtc.00v.
`
`Application Papers
`
`10)I:l The specification is objected to by the Examiner.
`11)|Xl The drawing(s) filed on 12/27/2016 is/are: a)IXI 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)I:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)I:l All
`
`b)|:l Some” c)I:l None of the:
`
`1.I:I Certified copies of the priority documents have been received.
`2.|:l 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)
`
`
`
`3) D Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) E InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20180810
`
`

`

`Application/Control Number: 15/391 ,205
`
`Page 2
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`Art Unit: 2665
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`DETAILED ACTION
`
`Claim Rejections — 35 USC § 101
`
`1.
`
`35 U.S.C. 101 reads as follows:
`
`Whoever invents or discovers any new and useful process, machine, manufacture and
`composition of matter, or any new and useful improvement thereof, may obtain a patent
`therefor, subject to the conditions and requirements of this title.
`
`Claim(s) 1-20 is/are rejected under 35 U.S.C. 101 because the claimed invention
`
`is directed to a judicial exception (Le, a law of nature, a natural phenomenon, or an
`
`abstract idea) without significantly more. The claim(s) are directed to the abstract idea
`
`of extracting movement data (staying/passing movement) from an image and
`
`superimposing information for display (e.g., a heat map). The claim(s) do not include
`
`additional elements that are sufficient to amount to significantly more than the judicial
`
`exception because the additional computer elements, which are recited at a high level
`
`of generality, provide conventional computer functions that do not add meaningful limits
`
`to practicing the abstract idea.
`
`Claim 1 recites, in part, a system for processing movement data (staying/passing
`
`movement) from an image and superimposing information for display (e.g., a heat map),
`
`including image capturing, movement extraction, transmission to a server, and
`
`superimposing information for display on a monitor. These steps describe the concept
`
`of overlaying an object onto an image of a face, which corresponds to concepts
`
`identified as abstract ideas by the courts, such as in Electric Power Group, LLC v.
`
`Alstom S.A. (Fed. Cir. 2016). In this decision, no “inventive concept” was found to
`
`

`

`Application/Control Number: 15/391 ,205
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`Page 3
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`Art Unit: 2665
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`transform the abstract idea of “collecting information, analyzing it, and displaying certain
`
`results of the collection and analysis” into a patent-eligible application. Claims recited a
`
`series of generic computational functions—i.e., receiving data streams, detecting and
`
`analyzing events, and displaying results. The concept described in claim 1
`
`is not
`
`meaningfully different than those concepts found by the courts to be abstract ideas. No
`
`fundamental improvement of a technological process is present.
`
`The claim does not include additional elements that are sufficient to amount to
`
`significantly more than the judicial exception because the additional elements when
`
`considered both individually and as an ordered combination do not amount to
`
`significantly more than the abstract idea. The claim recites the additional limitations of a
`
`“storing” and a “server” programmed to perform the steps. These elements are recited
`
`at a high level of generality and are recited as performing generic computer functions
`
`routinely used in computer applications. Generic computer components recited as
`
`performing generic computer functions that are well-understood, routine and
`
`conventional activities amount to no more than implementing the abstract idea with a
`
`computerized system: Performing computational steps on a computer Bancorp Services
`
`v. Sun Life, 687 F.3d 1266, 1278, 103 USPQ2d 1425, 1433 (Fed. Cir. 2012). Storing
`
`and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc, 793
`
`F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015). Electronically extracting
`
`data from a sensor: Content Extraction and Transmission, LLC v. Wells Fargo Bank,
`
`776 F.3d 1343, 1348, 113 USPQ2d 1354, 1358 (Fed. Cir. 2014) (Electronically
`
`scanning or extracting data from a physical document). Looking at the limitations as an
`
`

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`Application/Control Number: 15/391 ,205
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`Page 4
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`Art Unit: 2665
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`ordered combination adds nothing that is not already present when looking at the
`
`elements taken individually. There is no indication that the combination of elements
`
`improves the functioning of a computer or improves any other technology. Their
`
`collective functions merely provide conventional computer implementation.
`
`The remaining claims likewise fail to add significantly more than the generic
`
`computer implementation of the abstract idea of extracting movement data
`
`(staying/passing movement) from an image and superimposing information for display
`
`(e.g., a heat map).
`
`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,
`
`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).
`
`

`

`Application/Control Number: 15/391 ,205
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`Page 5
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`Art Unit: 2665
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`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 1-20 are rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claims of U.S. Patent Nos. 9,558,398, 9,948,901, 9,794,508, and
`
`10,049,283 in view of Zhu (US PGPub 2014/0270358).
`
`

`

`Application/Control Number: 15/391 ,205
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`Page 6
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`Art Unit: 2665
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`Regarding claim 1, 9,558,398 teaches a moving information analyzing system
`
`(claim 1, ‘monitoring moving image’) comprising:
`
`wherein the camera
`
`captures an image of an object region, (claim 1, ‘moving object’)
`
`extracts moving information regarding a staying position or a passing position of
`
`each moving object, (claim 1, ‘a stay information acquirer that observes a staying
`
`situation of a moving object’)
`
`stores the extracted moving information of each moving object, (claim 1,
`
`‘acquires stay information’)
`
`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, ‘acquires stay information indicating the
`
`staying situation of the moving object’)
`
`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
`
`(claim 7, ‘a sub-image relating to a target area set on a monitored moving image is
`
`superimposed on the monitored moving image’)
`
`displays the moving information analysis image on a monitor connected to the
`
`system. (claim 7)
`
`9,558,398 does not expressly disclose a server.
`
`

`

`Application/Control Number: 15/391 ,205
`
`Page 7
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`Art Unit: 2665
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`In the field of retail video analytics Zhu teaches a camera and a server that are
`
`connected to each other and transmission of a captured image of the object region and
`
`the moving information of each moving object 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
`
`9,558,398’s retail analytics system with Zhu's retail analytics system (which explicitly
`
`teaches that a server is used for video analytics). 9,558,398 already teaches using a
`
`‘database module’ but is absent an explicit teaching of using a ‘server’. Using a 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.
`
`The remaining patents are rejected with a similar analysis.
`
`3.
`
`Claims 1-20 are rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claims of copending patent applications 15/484,931, 15/099,352,
`
`14/496,051, 15/484,931, 15/099,352, 14/496,051, 14/520,769, 14/813,494, 15/040,687,
`
`15/380,114, 14/817,598 and 15/536,572 in view of Zhu (US PGPub 2014/0270358).
`
`

`

`Application/Control Number: 15/391 ,205
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`Page 8
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`Art Unit: 2665
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`Regarding claim 1, 15/O40,687 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
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`Page 9
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`Art Unit: 2665
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`(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 (‘|j 0024, “The cameras 102a-n are connected via interconnect 105 to metric
`
`server 106.” ‘|j 0028, “the camera 102a outputs metrics, such as the metric 1133,
`
`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.
`
`The remaining patents are rejected with a similar analysis.
`
`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
`
`

`

`Application/Control Number: 15/391 ,205
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`Page 10
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`Art Unit: 2665
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`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
`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 1-6 and 8-20 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).
`
`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, (‘|j 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
`
`each moving object, (‘|j 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.)
`
`

`

`Application/Control Number: 15/391 ,205
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`Page 11
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`Art Unit: 2665
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`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
`
`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.”)
`
`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 (11
`
`0054, “an evaluator module 160 to interface directly with persistent database 155 .
`
`.
`
`.
`
`Evaluator module 160 may include a plurality of sub-evaluator modules such as .
`
`.
`
`. a
`
`

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`Application/Control Number: 15/391,205
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`Page 12
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`Art Unit: 2665
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`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. (11 0047)
`
`Papke does not expressly disclose a server (rather it describes 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
`
`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.
`
`

`

`Application/Control Number: 15/391 ,205
`
`Page 13
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`Art Unit: 2665
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`Regarding claim 2, the above combination teaches the moving information
`
`analyzing system moving information analyzing system of Claim 1, wherein the server
`
`acquires moving information of at least one moving object having passed through the
`
`entire object region as the selection condition regarding the specific behavior, and
`
`displays, on the monitor, a moving information analysis image in which the moving
`
`information of at least one moving object having passed through the entire object region
`
`is superimposed on the captured image. (Papke 11 0069-0071 describes monitoring
`
`tracks of an individual for the condition when the individual passes through each of the
`
`three monitored regions, “analyzer 130 may recognize customers flowing into and out of
`
`retail region 410 of retail zone 310 from a public region 440 of public zone 340 through
`
`transition region 460 as events, and may create corresponding event records and/or
`
`event metadata indicative of and/or describing aspects of these activities.” 11 0097
`
`teaches that a track heatmap (moving information analysis image superimposed on the
`
`captured image) may be created to display the event records and/or event metadata.
`
`See Fig. 10.)
`
`Regarding claim 3, the above combination teaches the moving information
`
`analyzing system of Claim 2, wherein, if there is an input of the selection condition
`
`regarding the specific behavior by using an input device connected to the server, the
`
`server displays, on the monitor, the moving information analysis image in which the
`
`moving information of at least one moving object having passed through the entire
`
`object region is superimposed on the captured image. (As above, Papke 11 0069-0071
`
`describes monitoring tracks of an individual for the condition when the individual passes
`
`

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`Application/Control Number: 15/391 ,205
`
`Page 14
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`Art Unit: 2665
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`through each of the three monitored regions. 11 O1 17 teaches the database query
`
`interface 760/input device of the selection condition, “traffic flow timeline reporting
`
`module 810 may determine the amount of traffic generated direction reports of
`
`individuals flow within a retail zone 300, for instance between retail region 410c and
`
`retail region 410b.”)
`
`Regarding claim 4, the above combination teaches the moving information
`
`analyzing system of Claim 1, wherein the server acquires moving information of at least
`
`one moving object having stayed at a specific location in the object region as the
`
`selection condition regarding the specific behavior, and displays, on the monitor, a
`
`moving information analysis image in which the moving information of at least one
`
`moving object having stayed at the specific location in the object region is
`
`superimposed on the captured image. (Papke 11 0097 teaches that a dwell time/staying
`
`time heatmap (moving information analysis image superimposed on the captured
`
`image) may be created to display dwell time of persons in the specific regions, see Fig.
`
`10b.)
`
`Regarding claim 5, the above combination teaches the moving information
`
`analyzing system of Claim 4, wherein, if there is an input of the selection condition
`
`regarding the specific behavior by using an input device connected to the server, the
`
`server displays, on the monitor, the moving information analysis image in which the
`
`moving information of at least one moving object having stayed at the specific location
`
`in the object region is superimposed on the captured image. (As above, Papke 11 0097
`
`teaches that a dwell time/staying time heatmap (moving information analysis image
`
`

`

`Application/Control Number: 15/391 ,205
`
`Page 15
`
`Art Unit: 2665
`
`superimposed on the captured image) may be created to display dwell time of persons
`
`in the specific regions, see Fig. 10B. 11 0075 and 0086 teaches dwell time calculations,
`
`while 11 0127 teaches the heatmap reporting module 885 for generating the dwell time
`
`heatmaps by inputs interacting with the database query module.)
`
`Regarding claim 6, the above combination teaches the moving information
`
`analyzing system of Claim 1, wherein, if any one of positions in the moving information
`
`analysis image is designated, the server displays an input screen of a selection
`
`condition regarding the specific behavior on the monitor, and, in a case where there are
`
`pieces of moving information of a plurality of moving objects conforming to the selection
`
`condition regarding the specific behavior designated on the input screen, the server
`
`displays identifiers of the pieces of moving information of the plurality of moving objects
`
`on the monitor along with the moving information analysis image. (As above, Papke 11
`
`0097 teaches that a dwell time/staying time heatmap (moving information analysis
`
`image superimposed on the captured image) may be created to display dwell time of
`
`persons in the specific regions, see Fig. 10B. See 11 0085-0087 and 0100 regarding
`
`producing dwell time heat maps for dwell events in specific regions 520.)
`
`Claim 8 is the method claim corresponding to system claim 1. The system
`
`necessarily requires method steps. Remaining limitations are analyzed similarly. See
`
`detailed analysis above.
`
`Claim 9-11 are the method claim corresponding to system claims 1, 4 and 5,
`
`absent the storing limitation. The system necessarily requires method steps. Remaining
`
`limitations are analyzed similarly. See detailed analysis above.
`
`

`

`Application/Control Number: 15/391 ,205
`
`Page 16
`
`Art Unit: 2665
`
`Regarding claim 12, the above combination teaches the moving information
`
`analyzing system of Claim 9, wherein the server acquires moving information of the
`
`moving object on the sex of a person who is the moving object basis as the selection
`
`condition, and displays, on the monitor, a moving information analysis image in which
`
`the moving information of the moving object on the sex basis is superimposed on the
`
`captured image. (Papke ‘fl 0075, “Event records and/or event metadata may specify
`
`additional information characterizing the event, for example, date, time, location,
`
`9%, age, ethnicity.” 11 0097 teaches that a track heatmap (moving information
`
`analysis image superimposed on the captured image) may be created to display the
`
`event records and/or event metadata. See Fig. 10.)
`
`It would have been obvious to one of ordinary skill in the art to have combined
`
`Papke’s retail analytics heat mapping module with its retail demographic analytics
`
`module (which teaches breaking down customer analysis by gender and age). Papke
`
`does not expressly teach that heat mapping is broken down as a function of gender and
`
`age but doing so cannot be considered a non-obvious improvement in view of Papke’s
`
`demographic analysis module specifically designed to break down customer video data
`
`by gender and age. The combination results in simply applying a customer breakdown
`
`to heatmapping analytics module already being used in a similar analytics module.
`
`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
`
`Page 17
`
`Art Unit: 2665
`
`Regarding claim 13, the above combination teaches the moving information
`
`analyzing system of Claim 12, wherein, if there is an input of the selection condition by
`
`using an input device connected to the server, the server acquires moving information
`
`of the moving object on the sex of the person basis, and displays, on the monitor, the
`
`moving information analysis image in which the moving information of the moving object
`
`on the sex basis is superimposed on the captured image. (Papke 11 0117 teaches the
`
`database query interface 760/input device of the selection condition. Also see 11 0126
`
`and combination in the rejection of claim 12.)
`
`Regarding claim 14, the above combination teaches the moving information
`
`analyzing system of Claim 9, wherein the server acquires moving information of the
`
`moving object on the age or an age range of a person who is the moving object basis as
`
`the selection condition, and displays, on the monitor, a moving information analysis
`
`image in which the moving information of the moving object on the age or the age range
`
`basis is superimposed on the captured image. (Papke ‘fl 0075, “Event records and/or
`
`event metadata may specify additional information characterizing the event, for
`
`example, date, time, location, gender, fie, ethnicity.” 11 0097 teaches that a track
`
`heatmap (moving information analysis image superimposed on the captured image)
`
`may be created to display the event records and/or event metadata. See Fig. 10 and
`
`combination in the rejection of claim 12.)
`
`Regarding claim 15, the above combination teaches the moving information
`
`analyzing system of Claim 14, wherein, if there is an input of the selection condition by
`
`using an input device connected to the server, the server acquires moving information
`
`

`

`Application/Control Number: 15/391 ,205
`
`Page 18
`
`Art Unit: 2665
`
`of the moving object on the age or the age range of the person basis, and displays, on
`
`the monitor, the moving information analysis image in which the moving information of
`
`the moving object on the age or the age range basis is superimposed on the captured
`
`image. (Papke 11 0117 teaches the database query interface 760/input device of the
`
`selection condition. Also see 11 0126 a

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