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
`
`15/886,696
`
`02/01/2018
`
`Takashi TERADA
`
`731156678
`
`8336
`
`Seed IP Law Group LLP/Panason1e
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`PONTIUS' JAMES M
`
`ART UNIT
`
`2488
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`07/09/2020
`
`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)
`
`

`

`017/09 A0170” Summary
`
`Application No.
`15/886,696
`Examiner
`JAMES M PONTIUS
`
`Applicant(s)
`TERADA et al.
`Art Unit
`2488
`
`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 03/27/2020.
`CI A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a). This action is FINAL.
`
`2b) D 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 Expade Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)
`
`Claim(s) fl is/are pending in the application.
`
`5a) Of the above Claim(s)
`
`is/are withdrawn from consideration.
`
`
`
`[:1 Claim(ss)
`
`is/are allowed.
`
`8)
`Claim(s 1_—11Is/are rejected
`
`D Claim(ss_) is/are objected to.
`
`) ) ) )
`
`S)
`are subject to restriction and/or election requirement
`[:1 Claim(s
`* If any claims have been determined aflowable. 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)|:l The specification is objected to by the Examiner.
`
`is/are: a)[] accepted or b)l:] objected to by the Examiner.
`11)[:] The drawing(s) filed on
`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)D 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)|:] Some**
`
`c)l:i None of the:
`
`1C] Certified copies of the priority documents have been received.
`
`2C] Certified copies of the priority documents have been received in Application No.
`
`3D 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) C] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) E] 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 20200705
`
`

`

`Application/Control Number: 15/886,696
`Art Unit: 2488
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AIA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being
`
`examined under the first inventor to file provisions of the AIA.
`
`Response to Arguments
`
`2.
`
`Applicant’s arguments, filed 03/27/2020, have been considered but are
`
`largely moot in view of new grounds of rejection. To the extent that Applicant
`
`argues Micko fails to teach “a controller configured to receive a first signal of the
`
`first signals and a second signal of the second signals,” this is taught by Micko
`
`(Micko: Fig 1; [0032], [0034]-[0036]; signal processing circuit 18 receiving input
`
`from PIR detector system 16).
`
`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.
`
`4.
`
`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.
`
`5.
`
`Claim 3 is 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: 15/886,696
`Art Unit: 2488
`
`Page 3
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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.
`
`6.
`
`Claim 3 recites the limitations “the camera” and “the imaging”. There is
`
`insufficient antecedent basis for these limitations in the claim.
`
`Claim Rejections - 35 USC § 103
`
`7.
`
`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.
`
`8.
`
`Claims 1-2, 4 and 6-10 is/are rejected under 35 U.S.C. 103 as being
`
`unpatentable over Micko 1 (US 2009/0302220) in view of Micko 2 (US
`
`2005/0236572) and Sugimoto et al. (US 5,468,960).
`
`9.
`
`Regarding claim 1,
`
`Micko 1 teaches:
`
`A surveillance apparatus comprising:
`
`at least two first sensor elements each outputting respective first signals
`
`having a first polarity according to infrared light (Micko 1: Fig 3; two (-) elements
`
`36; [0035]—[0036]);
`
`

`

`Application/Control Number: 15/886,696
`Art Unit: 2488
`
`Page 4
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`at least two second sensor elements each outputting respective second
`
`signals according to the infrared light, the second signals having a second
`
`polarity which is inverted in relation to the first polarity of the first signals (Micko
`
`1: Fig 3; two (+) elements 36; [0035]—[0036]); and
`
`a controller configured to receive a first signal of the first signals and a
`
`second signal of the second signals (Micko 1: Fig 1; [0032], [0034]—[0036]; signal
`
`processing circuit 18 receiving input from PIR detector system 16),
`
`wherein the at least two first sensor elements are disposed above the at
`
`least two second sensor elements element in a front view of the surveillance
`
`apparatus (Micko 1: Fig 1-3).
`
`Micko 1 fails to teach:
`
`classify movement of a person as an entry or an exit based on the first
`
`signal and the second signal,
`
`and the at least two first sensor elements and the at least two second
`
`sensor elements being nonoverlapping such that the at least two first sensor
`
`elements are disposed on a first side of a separating line that separates sensor
`
`elements of the first polarity from sensor elements of the second polarity, wherein
`
`the at least two second sensor elements are disposed on a second side of the
`
`separating line, and wherein no other sensor elements of the second polarity are
`
`disposed on the first side of the separating line and no other sensor elements of
`
`the first polarity are disposed on the second side of the separating line, and
`
`

`

`Application/Control Number: 15/886,696
`Art Unit: 2488
`
`Page 5
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`wherein the at least two first sensor elements are aligned and arranged in
`
`a horizontal direction and the at least two second sensor elements are aligned
`
`and arranged in the horizontal direction, and each first sensor element of the at
`
`least two first sensor elements is arranged vertically in relation to a respective
`
`second sensor element of the at least two second sensor elements.
`
`Micko 2 teaches:
`
`classify movement of a person as an entry or an exit based on the first
`
`signal and the second signal (Micko 2: [0041], [0048], [0055]; determining
`
`direction of human motion, such as entering a door),
`
`Before the effective filing date, it would have been obvious to a person
`
`having ordinary skill in the art to combine the teachings of Micko 2 with Micko 1.
`
`Detecting direction of human motion as in Micko 2 would benefit the Micko 1
`
`teachings by allowing the system to know whether a person is coming or going,
`
`and act accordingly. Furthermore, this is the application of a known technique,
`
`detecting direction of human motion, to a known device ready for improvement,
`
`the Micko 1 device, to yield predictable results.
`
`Sugimoto teaches:
`
`and the at least two first sensor elements and the at least two second
`
`sensor elements being nonoverlapping such that the at least two first sensor
`
`

`

`Application/Control Number: 15/886,696
`Art Unit: 2488
`
`Page 6
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`elements are disposed on a first side of a separating line that separates sensor
`
`elements of the first polarity from sensor elements of the second polarity, wherein
`
`the at least two second sensor elements are disposed on a second side of the
`
`separating line, and wherein no other sensor elements of the second polarity are
`
`disposed on the first side of the separating line and no other sensor elements of
`
`the first polarity are disposed on the second side of the separating line
`
`(Sugimoto: Fig 110; col 6, line 34-54), and
`
`wherein the at least two first sensor elements are aligned and arranged in
`
`a horizontal direction and the at least two second sensor elements are aligned
`
`and arranged in the horizontal direction, and each first sensor element of the at
`
`least two first sensor elements is arranged vertically in relation to a respective
`
`second sensor element of the at least two second sensor elements (Sugimoto:
`
`Fig 110; col 6, line 34-54).
`
`Before the effective filing date, it would have been obvious to a person
`
`having ordinary skill in the art to combine the teachings of Sugimoto with Micko 1
`
`in view of Micko 2. Using the IR detector configuration of Sugimoto in
`
`combination with the Micko 1
`
`in view of Micko 2 teachings is the combination of
`
`prior art eiemente eeoerding to known methede to yield predictable results.
`
`10.
`
`Regarding claim 2,
`
`Micko 1
`
`in view of Micko 2 and Sugimoto teaches:
`
`

`

`Application/Control Number: 15/886,696
`Art Unit: 2488
`
`The surveillance apparatus of Claim 1,
`
`Page 7
`
`wherein the surveillance apparatus is installed on the outside of a building,
`
`and is installed so that a front of the surveillance apparatus faces the person who
`
`comes to an entrance of the building (Micko1: Fig 2; [0033]; [0045]; Sugimoto: col
`
`6, line 10-11).
`
`11.
`
`Regarding claim 4,
`
`Micko 1
`
`in view of Micko 2 and Sugimoto teach:
`
`The surveillance apparatus of Claim 1, further comprising:
`
`a third sensor element which outputs a third signal having a third polarity
`
`according to infrared light (Micko 1: Fig 1-3; (-) elements 36; [0035]—[0036]; Fig
`
`13A-15; Sugimoto: Fig 1: D1 and D2; col 4, line 18-26; Fig 110; col 6, line 34-
`
`54); and
`
`a fourth sensor element which outputs a fourth signal according to the
`
`infrared light, the fourth signal having a fourth polarity which is inverted in relation
`
`to the third polarity of the third signal (Micko 1: Fig 1-3; (+) elements 36; [0035]-
`
`[0036]; Fig 13A-15; Sugimoto: Fig 1: D1 and D2; col 4, line 18-26; Fig 110; col 6,
`
`line 34-54),
`
`wherein the third sensor element and the fourth sensor element are
`
`disposed to be arranged in the horizontal direction in the front view of the
`
`surveillance apparatus (Sugimoto: Fig 110; col 6, line 34-54).
`
`

`

`Application/Control Number: 15/886,696
`Art Unit: 2488
`
`12.
`
`Regarding claim 6,
`
`Micko 1
`
`in view of Micko 2 and Sugimoto teaches:
`
`The surveillance apparatus of Claim 4,
`
`Page 8
`
`wherein the at least two first sensor elements and the at least two second
`
`sensor elements have the same number are accommodated in a first sensor
`
`(Micko 1: Fig 13A-15; Sugimoto: Fig 110),
`
`the third sensor element and the fourth sensor element of which the
`
`number is the same as the number of the third sensor element are
`
`accommodated in a second sensor (Micko 1: Fig 13A-15; Sugimoto: Fig 110),
`
`and
`
`the number of the sensor elements accommodated in the first sensor is
`
`greater than the number of the sensor elements accommodated in the second
`
`sensor (Micko 1: Fig 3, Fig 13A-15; [OO35]—[0036]; col 6, line 34-54).
`
`13.
`
`Regarding claim 7,
`
`Micko 1
`
`in view of Micko 2 and Sugimoto teaches:
`
`The surveillance apparatus of Claim 1, wherein the controller is configured
`
`to classify the movement of the person as an entry or an exit based on first and
`
`second amplitudes of the first signal and second signal, respectively (Micko 1:
`
`Fig 7; [0042]—[OO44], [0049]—[0050]; Micko 2: [0039], [GOSH-[0062]; Sugimoto: col
`
`8, line 32-42).
`
`

`

`Application/Control Number: 15/886,696
`Art Unit: 2488
`
`14.
`
`Regarding claim 8,
`
`Micko 1
`
`in view of Micko 2 and Sugimoto teaches:
`
`Page 9
`
`The surveillance apparatus of Claim 1, wherein the controller configured to
`
`classify the movement of the person as an entry or an exit by comparing a first
`
`amplitude of the first signal to a first threshold and comparing a second amplitude
`
`of the second signal to a second threshold (Micko 1: abstract, Fig 7, [0042]-
`
`[0044]; the sum and difference signals, which include first and second signals,
`
`are compared to a threshold; note this is similar to [0099] of the pre-grant
`
`publication of the instant application where waveform W21a, which is from two
`
`sensors, is compared to a threshold).
`
`15.
`
`Regarding claim 9,
`
`Micko 1
`
`in view of Micko 2 and Sugimoto teaches:
`
`The surveillance apparatus of Claim 8, wherein the controller configured to
`
`classify the movement of the person as an entry or an exit based on whether the
`
`first amplitude of the first signal became greater or less than the first threshold
`
`before or after the second amplitude of the second signal became greater or less
`
`than the second threshold (Micko 1: abstract, Fig 7, [0042]-[0044]; comparing
`
`sum signal to threshold and then comparing difference signal to threshold).
`
`16.
`
`Regarding claim 10,
`
`Micko 1
`
`in view of Micko 2 and Sugimoto teaches:
`
`

`

`Application/Control Number: 15/886,696
`Art Unit: 2488
`
`Page 10
`
`The surveillance apparatus of Claim 1, wherein the surveillance apparatus
`
`has a single unified body (Micko 1: Fig 8, [0006]; Micko 2: [0032], [0058], [0064];
`
`Sugimoto: Fig 1).
`
`17.
`
`Claims 3 and 11 is/are rejected under 35 U.S.C. 103 as being
`
`unpatentable over Micko 1 (US 2009/0302220) in view of Micko 2 (US
`
`2005/0236572), Sugimoto et al. (US 5,468,960) and Siminoff (US
`
`2018/0033273).
`
`18.
`
`Regarding claim 3,
`
`Micko 1
`
`in view of Micko 2 and Sugimoto teaches:
`
`The surveillance apparatus of Claim 1,
`
`indicate a person based on a signal obtained by adding the first signal
`
`and the second signal (Micko 1: Fig 7; [0042]-[0044], [0049]-[0050]; Micko 2:
`
`[0061]; Sugimoto: col 8, line 32-42).
`
`Micko 1
`
`in view of Micko 2 and Sugimoto fails to teach:
`
`wherein the camera starts the imaging based on a signal obtained by
`
`adding the first signal and the second signal.
`
`Siminoff teaches:
`
`

`

`Application/Control Number: 15/886,696
`Art Unit: 2488
`
`Page 11
`
`wherein the camera starts the imaging based on a signal obtained by
`
`adding the first signal and the second signal (Siminoff: [0135]),
`
`Before the effective filing date, it would have been obvious to a person
`
`having ordinary skill in the art to combine the teachings of Siminoff with Micko 1
`
`in view of Micko 2 and Sugimoto. Using video recording upon motion detection
`
`as in Siminoff would benefit the Micko 1
`
`in view of Micko 2 and Sugimoto
`
`teachings by increasing marketability through enhanced surveillance capabilities.
`
`19.
`
`Regarding claim 11,
`
`Micko 1
`
`in view of Micko 2 and Sugimoto teaches:
`
`The surveillance apparatus of Claim 7, comprising:
`
`indicate the person based on the first and second amplitudes of the first
`
`and the second signals, respectively (Micko 1: Fig 7; [0042]-[0044], [0049]-
`
`[0050]; Micko 2: [0061]; Sugimoto: col 8, line 32-42).
`
`Micko 1
`
`in view of Micko 2 and Sugimoto fails to teach:
`
`a camera configured to start imaging the person based on the first and
`
`second amplitudes of the first and the second signals, respectively.
`
`Siminoff teaches:
`
`

`

`Application/Control Number: 15/886,696
`Art Unit: 2488
`
`Page 12
`
`a camera configured to start imaging the person based on the first and
`
`second amplitudes of the first and the second signals, respectively (Siminoff:
`
`[0135]),
`
`Before the effective filing date, it would have been obvious to a person
`
`having ordinary skill in the art to combine the teachings of Siminoff with Micko 1
`
`in view of Micko 2 and Sugimoto. Using video recording upon motion detection
`
`as in Siminoff would benefit the Micko 1
`
`in view of Micko 2 and Sugimoto
`
`teachings by increasing marketability through enhanced surveillance capabilities.
`
`20.
`
`Claims 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Micko (US 2009/0302220) in view of Micko 2 (US 2005/0236572), Sugimoto et
`
`al. (US 5,468,960) and Eskonen et al (US 2015/0382432).
`
`21.
`
`Regarding claim 5,
`
`Micko 1
`
`in view of Micko 2 and Sugimoto teaches:
`
`The surveillance apparatus of Claim 4 (as shown above),
`
`Micko 1
`
`in view of Micko 2 and Sugimoto fails to teach:
`
`wherein a depression angle of a light receiving surface on which the
`
`infrared light of the third sensor element and the fourth sensor element is
`
`received is greater than a depression angle of a light receiving surface on which
`
`

`

`Application/Control Number: 15/886,696
`Art Unit: 2488
`
`Page 13
`
`the infrared light of the first sensor element and the second sensor element is
`
`received.
`
`Eskonen teaches:
`
`wherein a depression angle of a light receiving surface on which the
`
`infrared light of the third sensor element and the fourth sensor element is
`
`received is greater than a depression angle of a light receiving surface on which
`
`the infrared light of the first sensor element and the second sensor element is
`
`received (Eskonen: Fig 1; [0107]).
`
`Before the effective filing date, it would have been obvious to a person
`
`having ordinary skill in the art to combine the teachings of Eskonen with Micko 1
`
`in view of Micko 2 and Sugimoto. Using the different sensor angles as in
`
`Eskonen would benefit the Micko 1
`
`in view of Micko 2 and Sugimoto teachings by
`
`increasing detection for different scenarios, ranges and regions.
`
`Conclusion
`
`22. Applicant's amendment necessitated the new ground(s) of rejection
`
`presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL.
`
`See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as
`
`set forth in 37 CFR 1.136(a).
`
`

`

`Application/Control Number: 15/886,696
`Art Unit: 2488
`
`Page 14
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`A shortened statutory period for reply to this final action is set to expire
`
`THREE MONTHS from the mailing date of this action.
`
`In the event a first reply is
`
`filed within TWO MONTHS of the mailing date of this final action and the advisory
`
`action is not mailed until after the end of the THREE-MONTH shortened statutory
`
`period, then the shortened statutory period will expire on the date the advisory
`
`action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be
`
`calculated from the mailing date of the advisory action.
`
`In no event, however, will
`
`the statutory period for reply expire later than SIX MONTHS from the date of this
`
`final action.
`
`23.
`
`Any inquiry concerning this communication or earlier communications from
`
`the examiner should be directed to JAMES M PONTIUS whose telephone
`
`number is (571 )270-7687. The examiner can normally be reached on M-Th 8-4.
`
`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, Sath V Perungavoor can be reached on (571)272-7455.
`
`The fax phone number for the organization where this application or proceeding
`
`is assigned is 571 -273-8300.
`
`

`

`Application/Control Number: 15/886,696
`Art Unit: 2488
`
`Page 15
`
`Information regarding the status of an application may be obtained from
`
`the Patent Application Information Retrieval (PAIR) system. Status information
`
`for published applications may be obtained from either Private PAIR or Public
`
`PAIR. Status information for unpublished applications is available through
`
`Private PAIR only. For more information about the PAIR system, see http://pair-
`
`direct.uspto.gov. Should you have questions on access to the Private PAIR
`
`system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-
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`free). If you would like assistance from a USPTO Customer Service
`
`Representative or access to the automated information system, call 800-786-
`
`9199 (IN USA OR CANADA) or 571-272-1000.
`
`/JAMES M PONTIUS/
`
`Primary Examiner, Art Unit 2488
`
`