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
`
`16/129,057
`
`09/12/2018
`
`Daisuke WAKEYAMA
`
`731056434
`
`1609
`
`Seed IP Law Group LLP/Panason1e
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`DHILLON' PUNEET S
`
`ART UNIT
`
`2488
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`07/10/2019
`
`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.
`16/129,057
`Examiner
`PEET DHILLON
`
`Applicant(s)
`WAKEYAMA et al.
`Art Unit
`AIA (FITF) Status
`2488
`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 09/12/2018.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a)D This action is FINAL.
`
`2b)
`
`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) fl 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) fl 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 09/12/2018 is/are: a). accepted or b)[:] 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). All
`
`b)D Some**
`
`C)D 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)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail DateW.
`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 20190703
`
`

`

`Application/ Control Number: 16/129,057
`Art Unit: 2488
`
`Page 2
`
`DETAILED ACTION
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`Notice ofPre-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.
`
`Speafication
`
`2.
`
`The lengthy specification has not been checked to the extent necessary to determine the
`
`presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors
`
`of which applicant may become aware in the specification.
`
`3.
`
`The disclosure is objected to under 37 CFR 1.71, as being so incomprehensible as to
`
`preclude a reasonable search of the prior art by the examiner. For example, the following items are
`
`not understood:
`
`a.
`
`Page 2 lines 23—25: “. .. requesting a first captured image captured at the first timing
`
`and a second captured image captured at the second timing by the camera from the
`
`camera, to the camera, based on the predetermined notification transmitted from the
`
`camera
`
`(emphasis added).”
`
`b.
`
`Page 27 lines 6—8: “. .. Smartphone 50 generates an acquisition request of the pain
`
`of two captured images captured at the point of time which is a target of the before—and—
`
`after notification
`
`(emphasis added).”
`
`c.
`
`Page 30 line 3: “. .. requests the live video of camera 30A to camera 30A
`
`(emphasis added) .”
`
`

`

`Application/ Control Number: 16/ 129,057
`Art Unit: 2488
`
`Page 3
`
`Applicant is required to submit an amendment which clarifies the disclosure so that the
`
`examiner may make a proper comparison of the invention with the prior art.
`
`Applicant should be careful not to introduce any new matter into the disclosure (i.e., matter
`
`which is not supported by the disclosure as originally filed).
`
`A shortened statutory period for reply to this action is set to expire TWO (2) MONTHS
`
`from the mailing date of this letter.
`
`

`

`Application/ Control Number: 16/129,057
`Art Unit: 2488
`
`Page 4
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`Abstract
`
`4.
`
`Applicant is reminded of the proper content of an abstract of the disclosure.
`
`A patent abstract is a concise statement of the technical disclosure of the patent and should
`
`include that which is new in the art to which the invention pertains. The abstract should not refer to
`
`purported merits or speculative applications of the invention and should not compare the invention
`
`with the prior art.
`
`If the patent is of a basic nature, the entire technical disclosure may be new in the art, and
`
`the abstract should be directed to the entire disclosure. If the patent is in the nature of an
`
`improvement in an old apparatus, process, product, or composition, the abstract should include the
`
`technical disclosure of the improvement. The abstract should also mention by way of example any
`
`preferred modifications or alternatives.
`
`Where applicable, the abstract should include the following: (1) if a machine or apparatus, its
`
`organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its
`
`identity and use; (4) ifa mixture, its ingredients; (5) ifa process, the steps.
`
`Extensive mechanical and design details of an apparatus should not be included in the
`
`abstract. The abstract should be in narrative form and generally limited to a single paragraph within
`
`the range of 50 to 150 words in length.
`
`See MPEP § 608.01 (b) for guidelines for the preparation of patent abstracts.
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`5.
`
`The abstract of the disclosure is objected to because the range of words is more than 150.
`
`Correction is required. See MPEP § 608.01(b).
`
`

`

`Application/ Control Number: 16/129,057
`Art Unit: 2488
`
`Page 5
`
`6.
`
`Claims 1-7 are objected to because of the following informalities:
`
`Claim Objections
`
`a.
`
`Re. Claims 1, 7: Neither independent claims appear to have a preamble. Terms such
`
`as comprising or consisting that indicate a preamble appear to be missing.
`
`b.
`
`Re. Claims 2-6: The word “Claim” should not be capitalized.
`
`Appropriate correction is required.
`
`Claim Rejections - 35 USC§ 112
`
`7.
`
`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.
`
`8.
`
`Claims 1-7 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 distinctly claim the subject
`
`matter which the inventor or a joint inventor, or for pre—AIA the applicant regards as the invention.
`
`9.
`
`Claims 1, 7 recite the limitation “. .. requesting a first captured image captured at the first
`
`timing and a second captured image captured at the second timing by the camera from the
`
`camera, to the camera, based on the predetermined notification transmitted from the camera
`
`(emphasis added).” The Examiner is uncertain if the bolded features of the limitaton are referred to
`
`multiple cameras or a singular camera. For the purposes of examination, the limitation will be
`
`interpreted as “. .. requesting a first captured image captured at the first timing and a second
`
`captured image captured at the second timing by the camera from—the—eamerarte—the—eamera, based
`
`on the predetermined notification transmitted from the camera ... (emphasis added).”
`
`There is insufficient antecedent basis for this limitation in the claim.
`
`

`

`Application/ Control Number: 16/129,057
`Art Unit: 2488
`
`Page 6
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`Claim Rejections - 35 USC § 102
`
`10.
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the
`
`basis for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless —
`
`(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or
`otherwise available to the public before the effective filing date of the claimed invention.
`
`11.
`
`Claim(s) 1, 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith et al.,
`
`hereinafter referred to as Smith (US 2016 / 0105644 A1).
`
`As per claim 1, Smith discloses a monitoring camera system (2 6., 7 00) including at least one
`
`camera (2.6., 707) and a master device (2 6., 702, 7000 602266220602 062 06 0 2006262“ 060266) capable of
`
`communicating with the camera (2.6., 7 07) and a mobile communication terminal (2 6., 7 03) having a
`
`display (52022/9: 140327002, F2g026 7, [0082], [0097], [0275],‘A 2000220220<g 062620 6660 20flg026 7 206222066 02 26062
`
`006 6020620 707, 000’ 0 2006262“ 060266 (7 02, 7000), 2/902 60202022026026 20 0 622602 060266 703.),
`
`wherein the camera detects movement of a person at a first timing in an imaging area and
`
`transmits a predetermined notification to the master device at a second timing after the first timing
`
`(S2022/9: [0093], [0098], [0703], [0705], [02 75], F2g22296 2L; 1796 6020620 707 206222066 0 2002200 06266202" 204 000’
`
`062662; 2000620602 02 0j2262 222020<g 000’ 602222966 02060. Af262" 2/96j2262 222020g, 2/96 6020620 600220226; 20 76007”de07” 0
`
`00660260 260g2/9 20 222226, 222/926/9 6260266 0 666000’ 222020g. Af262" 2/96 666000’ 222020g, 0 62g00/ 26 6602 20 ”id/Q6 0 220262666
`
`22006662062“ 20 6600’ 01026006002060 00202602200 20 2/96 2006262“ 060266 (7 02, 7000) T/96j2262 000’ 666000’ 222020<g 2662222 20
`
`0 [90026 000’ 0f262" 00202602200, 222/926/9 26 002060 0; 010260626002060’ 00202602200 06 0666222960 20 2/96 010102260023"
`
`006602602200p0<g6 77, [2066 70-76 000’p0g6 26, [2066 3-9.),
`
`

`

`Application/ Control Number: 16/129,057
`Art Unit: 2488
`
`Page 7
`
`wherein the master device transmits an image request for requesting a first captured image
`
`captured at the first timing and a second captured image captured at the second timing by the
`
`camera from the camera, to the camera, based on the predetermined notification transmitted from
`
`the camera (87722179: [0095], [0095], [0098], [0705], [0705], [0275], Fzgme 2L,‘Afl‘er 1796 772mm“ dew're (7 02,
`
`7000) 76567063" t/aepredel‘emz'md mtzflmtz‘m, 1796 master dame (7 02, 7000) requests t/aeflm‘ and semm’ captured
`
`0701603"),
`
`wherein the camera transmits the first captured image and the second captured image in
`
`association with each other to the master device based on the image request transmitted from the
`
`master device (87722177: [0095], [0095], [0098], [0705], [0705], [0275], Fzgme 2L; T/ye mmem 707 sends t/ae
`
`captured images [0 master dame (7 02, 7000) [awed #96 #971631),
`
`and wherein the master device transmits the first captured image and the second captured
`
`image transmitted from the camera in association with each other to the mobile communication
`
`terminal so as to be displayed on the display (87722179: [0087], [0095’], [0095], [0098], [07 05’], [0705],
`
`[0275], Fzgme 2L; The master dame (7 02, 7000) send; t/ae captured images to EZZem‘ dame 705’for dz'yplay).
`
`As per claim 7, the claim(s) recites analogous limitations to claim(s) 1 above, and
`
`is /are therefore rejected on the same premise.
`
`

`

`Application/ Control Number: 16/129,057
`Art Unit: 2488
`
`Page 8
`
`As per claim 3, Smith discloses the system of Claim 1, wherein the second timing is a timing
`
`at which a first predetermined time period has elapsed from the first timing (5/72th: [0093], [0098],
`
`[0703], [0705], [0275], Fzgttre 2L; T/ye mmerg 707 tretudes a matter detector 204 and detect; moeemeflt at aflrst
`
`tz'rrzz'fig and mptttres rideo. After t/aeflryt tz'rrzz'rg,
`
`t/ye mmerg teatime; t0 reeordfor a Jpeezfled [ergt/y 2% time, Mate/7
`
`create; a retard tz'rrzz'fig or afirstpredetermined tz'rrzeperz'od t/mt My etapyedfrom t/aeflryt ttmtrg. After t/ae retard
`
`tz'rrzz'fig or afirstpredetermined tz'rrzeperz'od, a yzgmt is sent to wake a wretem" trameez'rer to seed a predetermined
`
`mtflmttor t0 the master deme (7 02, 7000)).
`
`

`

`Application/ Control Number: 16/129,057
`Art Unit: 2488
`
`Page 9
`
`Claim Rejections - 35 U5C§103
`
`12.
`
`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.
`
`11.
`
`Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Smith in view of view of
`
`Borg (us 6,313,872 B1).
`
`As per claim 5, Smith discloses the system of Claim 3, wherein the camera discontinues
`
`processing of deteefi-ng—t—he—mot—ren—eft—he—persefi [camera function] until a second predetermined
`
`time period elapses from the first timing and resumes processing of deteeting—the—metien [camera
`
`function] after the second predetermined time period has elapsed from the first timing (Saar/9:
`
`[0093]; Camera a’z'yeaatz'aaeypmeemag [7y aperal‘z'ag M a ileep irate z'a aaeprea’el‘emaaea’ timepeaaa’ aaa’ wake; ap
`
`tapraeem aaa’ eaptare images at aaat/aerprea’etemiaea’ timepea'aa’, while t/ae azaaaa team" remaz'mpaa/ereay.
`
`However, Smith does not explicitly disclose “. .. discontinues processing of detecting the
`
`motion of the person until a second predetermined time period elapses from the first timing and
`
`resumes processing of detecting the motion after the second predetermined time period has elapsed
`
`from the first timing.”
`
`

`

`Application/ Control Number: 16/129,057
`Art Unit: 2488
`
`Page 10
`
`Further, Borg is in the field of detecting people (Borg: col 1, lines 5—1 1) and teaches
`
`discontinues processing of detecting a motion of a person until a second predetermined time period
`
`elapses from a first timing and resumes processing of detecting the motion after the second
`
`predetermined time period has elapsed from the first timing (Bag: 5012, [Mes 35-52;Afi Mfmred armor)"
`
`detertypeople and operates in a 75 semm’ z'm‘erml. T/am, dz'mm‘z'mespmwmflg maria” ofapmm um?! am?! a
`
`yermdpredetemz‘md timeperz‘od elapseyfmm aflm‘ ZZMMg and resumeypmrmz'fig ofdel‘ertz'fig the mafia” after #96
`
`yermdpredetemz‘md timeperz‘od My elapsedfmm t/aeflm‘ timing).
`
`Therefore, it would have been obvious to one of ordinary skill in the art before the effective
`
`filing date of the claimed invention, and having the teachings of Smith and Borg before him or her,
`
`to modify the motion detection system of Smith to include the discontinue processing feature as
`
`described in Borg. The motivation for doing so would have been to improve reduction in power by
`
`providing power—conserving means which turns on power to the camera and the processing and
`
`communication circuits only when they are being used (Bag: to! 7, [Mes 58-67)
`
`

`

`Application/ Control Number: 16/129,057
`Art Unit: 2488
`
`Page 11
`
`12.
`
`Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Smith in view of view of
`
`Desai et al., hereinafter referred to as Desai (US 2013/0329100 A1).
`
`As per claim 6, Smith discloses the system of Claim 1, wherein the first captured image and
`
`the second captured image are displayed side—by—siele in the display of the mobile communication
`
`terminal (Smit/o: [0734], [07 74], Figure; 6A-6F, 8B; T/oe cupi‘ureo’ imugec ure diipiuyeo’ ou t/oe user’s mobile
`
`deuice commuuicui‘iou deuice 703).
`
`However, Smith does not explicitly disclose “. .. wherein the first captured image and the
`
`second captured image are displayed side by side.”
`
`Further, Desai is in the field of capturing images (Desai: D) and teaches wherein the first
`
`captured image and the second captured image are displayed side by side (Decui: [0053], Figure 4A;
`
`Imugec ure captured uuo’ diipiuyeo’ iu u cide-[ay-cio’e uiem).
`
`Therefore, it would have been obvious to one of ordinary skill in the art before the effective
`
`filing date of the claimed invention, and having the teachings of Smith and Desai before him or her,
`
`to modify the mobile device of Smith to include the side—by—side display feature as described in
`
`Desai. The motivation for doing so would have been to improve image rendering by providing
`
`continous viewing of images in a single display (Decui: [0003]).
`
`

`

`Application/ Control Number: 16/129,057
`Art Unit: 2488
`
`Page 12
`
`13.
`
`Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Smith in view of Maggi et
`
`al., hereinafter referred to as Maggi (US 2006/0190750 A1).
`
`As per claim 2, Smith discloses the system of Claim 1 (Saar/9: Abstraaj, whereindhe—seeo-nel
`
`
`
`However, Smith does not explicitly disclose “. .
`
`. wherein the second timing is a timing at
`
`which detection of the movement of the person in the camera has ended.”
`
`Further Maggi is in the field of motion detection (Maggi: [0006]) and teaches wherein a
`
`second timing is a timing at which detection of a movement of a person in a camera has ended
`
`Maggi: [0046], [0057], [0052], Fzgam" 3, 4, 5; The camera 702 raptam" aa image at waltz/file time delay; aaa’
`
`alto raptam" images Mam a0 more mam 2's a’el‘ea‘eay.
`
`Therefore, it would have been obvious to one of ordinary skill in the art before the effective
`
`filing date of the claimed invention, and having the teachings of Smith and Maggi before him or her,
`
`to modify the motion detection system of Smith to include the no motion detection feature as
`
`described in Maggi. The motivation for doing so would have been to improve motion detection by
`
`adding a suitable time delay between captured images (Maggi: [0046]).
`
`

`

`Application/ Control Number: 16/129,057
`Art Unit: 2488
`
`Page 13
`
`14.
`
`Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Smith in View of Maggi
`
`in further View of Borg (US 6,313,872 B1).
`
`As per claim 4, Smith—Maggi disclose the system of Claim 2, wherein the camera
`
`discontinues processing of deteefing—the—motron—ofithe—person [camera function] until a second
`
`predetermined time period elapses from the first timing and resumes processing of deteet—i-ng—Ehe
`
`motion [camera function] after the second predetermined time period has elapsed from the first
`
`timing (Saar/9: [0093]; Camera a’z'yeaatz'aaeypraeem'ag [7} operating 2% a Ileep n‘ate m wepredetermined timeperz'aa’
`
`and wake; ap topraeem aaa’ eaptare images at amt/yerpredetermined timeperz'oa’, w/az'le t/ye mam remor remaz'm
`
`pawerea).
`
`However, Smith—Maggi do not explicitly disclose “. .. discontinues processing of detecting
`
`the motion of the person until a second predetermined time period elapses from the first timing and
`
`resumes processing of detecting the motion after the second predetermined time period has elapsed
`
`from the first timing.”
`
`Further, Borg is in the field of detecting people (Borg: col 1, lines 5—1 1) and teaches
`
`discontinues processing of detecting a motion of a person until a second predetermined time period
`
`elapses from a first timing and resumes processing of detecting the motion after the second
`
`predetermined time period has elapsed from the first timing (Borg: e012, [Mes 35-52;Aa z'r/frarea’ remarfi’
`
`a’el‘eel‘ypeople and operates in a 75 seeoaa’ z'm‘erwal. T/aay, a’z'yeaatz'aaespraeemag mam ofaperm” am‘z‘l am‘z‘l a
`
`seeoaa’predetermined timeperz'aa’ elapseyfrma afirst tz‘aa'ag aaa’ resaazeyproeem'ag afa’el‘eea'ag t/ye mam after the
`
`seeoaa’predetermined timeperz'aa’ bay elapsedfrora t/aeflrn‘ timing).
`
`

`

`Application/ Control Number: 16/129,057
`Art Unit: 2488
`
`Page 14
`
`Therefore, it would have been obvious to one of ordinary skill in the art before the effective
`
`filing date of the claimed invention, and having the teachings of Smith—Maggi and Borg before him
`
`or her, to modify the motion detection system of Smith—Maggi to include the discontinue processing
`
`feature as described in Borg. The motivation for doing so would have been to improve reduction in
`
`power by providing power—conserving means which turns on power to the camera and the
`
`processing and communication circuits only when they are being used (Bag: to! 7, [M63 58-67)
`
`

`

`Application/ Control Number: 16/129,057
`Art Unit: 2488
`
`Page 15
`
`Conclusion
`
`15.
`
`Any inquiry concerning this communication or earlier communications from the examiner
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
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`Sath V. Perungavoor can be reached on 571—272—7455. The fax phone number for the organization
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`where this application or proceeding is assigned is 571—273—8300.
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`Peet Dhillon
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`Art Unit: 2488
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`Date: (07/06/2019)
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`/Peet Dhillon/
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`