PANASONIC INTELLECTUAL PROPERTY MANAGEMENT CO., LTD.Download PDFPatent Trials and Appeals BoardOct 29, 202014813494 - (D) (P.T.A.B. Oct. 29, 2020) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 14/813,494 07/30/2015 Yuichi MATSUMOTO P48218 9753 52123 7590 10/29/2020 GREENBLUM & BERNSTEIN, P.L.C. 1950 ROLAND CLARKE PLACE RESTON, VA 20191 EXAMINER MAHMUD, FARHAN ART UNIT PAPER NUMBER 2483 NOTIFICATION DATE DELIVERY MODE 10/29/2020 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): gbpatent@gbpatent.com greenblum.bernsteinplc@gmail.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte YUICHI MATSUMOTO and KAZUMA YOSHIDA Appeal 2019-002555 Application 14/813,494 Technology Center 2400 Before JOSEPH L. DIXON, JOHN A. JEFFERY, and JOHNNY A. KUMAR, Administrative Patent Judges. DIXON, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Pursuant to 35 U.S.C. § 134(a), Appellant1 appeals from the Examiner’s decision to reject claims 1–16. We have jurisdiction under 35 U.S.C. § 6(b). We AFFIRM IN PART. 1 We use the word “Appellant” to refer to “applicant” as defined in 37 C.F.R. § 1.42(a) (2017). Appellant identifies the real party in interest as PANASONIC INTELLECTUAL PROPERTY MANAGEMENT CO., LTD. Appeal Br. 3. Appeal 2019-002555 Application 14/813,494 2 CLAIMED SUBJECT MATTER The claims are directed to a monitoring system and method using a monitoring moving image that results from superimposing a heat map image and the mask image onto a background image that is generated and is output at every predetermined point in time. Abstract. Claim 1, reproduced below, is illustrative of the claimed subject matter: 1. A monitoring apparatus that generates and outputs a monitoring moving image that results from superimposing a foreground image showing an activity situation of a moving object in a monitoring area onto a background image, the monitoring apparatus comprising: a processor; a memory in which an instruction is stored; a position information acquirer that detects a moving object from a moving image of the monitoring area and acquires position information on every moving object; a statistical information acquirer that performs temporal statistical processing on the position information acquired by the position information acquirer and acquires statistical information relating to a staying situation of the moving object in accordance with setting of a target period of time for the statistical processing; a first foreground image generator that generates a first foreground image that results from visualizing the statistical information acquired by the statistical information acquirer; a second foreground image generator that generates a second foreground image having a shape corresponding to an outline of an image area of the moving object at every Appeal 2019-002555 Application 14/813,494 3 predetermined point in time based on the position information acquired by the positional information acquirer; and a moving image output controller that generates and outputs the monitoring moving image that results from superimposing the first and second foreground images that are generated by the first and second foreground image generators, respectively, onto the background image at every predetermined point in time, wherein the position information acquirer, the statistical information acquirer, the first foreground image generator, the second foreground mage generator, and the moving image output controller are configured to execute the instruction of the processor. REFERENCES The prior art relied upon by the Examiner is: Elfving et al. US 6,774,905 B2 Aug.10, 2004 Mummareddy et al. US 8,098,888 B1 Jan. 17, 2012 REJECTION Claims 1–16 stand rejected under 35 U.S.C. § 103 as being unpatentable over Mummareddy in view of Elfving. Appeal 2019-002555 Application 14/813,494 4 OPINION 35 U.S.C. § 103 Claims 1, 10, and 11 With respect to independent claims 1, 10, and 11, Appellant sets forth separate arguments for patentability with separate headings, but sets forth similar arguments for patentability. Appeal Br. 13, 17, 20. Therefore, we select independent claim 1 as the representative claim for the group and will address Appellant’s arguments thereto. See 37 C.F.R. § 41.37(c)(1)(iv). As a result, independent claims 10 and 11 will stand or fall with representative independent claim 1. With respect to representative independent claim 1, Appellant recites the language of independent claim 1 and contends that the Mummareddy reference fails to teach or disclose the second foreground image generator and a moving image output controller. Appeal Br. 14. Appellant parenthetically includes “(e.g., mask image)” with respect to the second foreground image, but a “mask” and a “heat map” (first foreground image) are not recited in the language of independent claim 1. Thus, Appellant’s argument fails because the argument is not commensurate with the scope of claim 1. See In re Self, 671 F.2d 1344, 1348 (CCPA 1982) (“[A]ppellant’s arguments fail from the outset because . . . they are not based on limitations appearing in the claims.”); see also In re Hiniker Co., 150 F.3d 1362, 1369 (Fed. Cir. 1998) (“[The] proffered facts . . . are not commensurate with the claim scope and are therefore unpersuasive.”). The broad language of claim 1 merely specifies a first foreground image and second foreground image. Appeal 2019-002555 Application 14/813,494 5 Appellant further contends that the Examiner’s conclusory statement “in order to preserve the privacy of users of the monitoring apparatus lacks the required articulated reasoning with some rational underpinning to support the legal conclusion of obviousness.” Appeal Br. 15. Appellant further contends that because the Mummareddy reference erases out images of individuals and generates “blobs” or “trip lines,” the teachings of the Elfving reference for privacy would be unnecessary to preserve privacy. Appeal Br. 15–16. The Examiner reproduces portions of the Mummareddy reference and further identifies how the teachings and suggestions of the Mummareddy reference meet the broad language of independent claim 1. It is well settled that, during patent examination, claims must be given their broadest reasonable interpretation consistent with the specification. Phillips v. AWH Corp., 415 F.3d 1303, 1316 (Fed. Cir. 2005) (en banc). The broadest reasonable interpretation standard requires the words of the claims to be given their “broadest reasonable meaning . . . in their ordinary usage as they would be understood by one of ordinary skill in the art, taking into account whatever enlightenment by way of definitions or otherwise that may be afforded by the written description contained in the applicant’s specification.” In re Morris, 127 F.3d 1048, 1054 (Fed. Cir. 1997). However, although we interpret claims broadly but reasonably in light of the Specification, we nonetheless must not import limitations from the Specification into the claims. See Phillips, 415 F.3d at 1323 (citations omitted). We find the language of representative independent claim 1 to be rather broad, and note that Appellant’s Summary of the Claimed Subject Appeal 2019-002555 Application 14/813,494 6 Matter does not provide the required correlation to the Specification and generally refers to the disclosed invention of all 15 figures and 27 pages of the detailed description rather than addressing the specific claim language in the correlations. Appeal Br. 6–7. We further note that the language of representative independent claim 1 is much broader than Appellant’s correlation and arguments. Appellant also repeats the language of the “moving image output controller that generates and outputs the monitoring moving image,” but Appellant does not provide any specific argument for patentability regarding this limitation. See 37 C.F.R. § 41.37(c)(1)(iv). We question whether this limitation has to do with the graphical user interface shown in Figure 7 or whether it is merely the display of data. Under the broadest reasonable interpretation, we interpret it to be a mere display of image data. With respect to the combination of the teachings of Mummareddy and Elfving references, the Examiner has provided a line of reasoning supporting combining the teachings of the references. Final Act. 6. Appellant merely contends that “erasing” of the image by Mummareddy was sufficient to meet the privacy requirements, and the teachings of the Elfving would be unnecessary but for the Examiner’s reliance on hindsight from Appellant’s Specification. Appeal Br. 15. We find Appellant’s general argument to be unavailing to show error in the Examiner’s articulated line of reasoning. Appellant does not provide any citation to the Specification to support the attorney arguments. Attorney’s arguments and conclusory statements that are unsupported by factual evidence are entitled to little probative value. In re Geisler, 116 F.3d 1465, 1470 (Fed. Cir. 1997); see Appeal 2019-002555 Application 14/813,494 7 also In re De Blauwe, 736 F.2d 699, 705 (Fed. Cir. 1984); Ex parte Belinne, No. 2009-004693, 2009 WL 2477843, at *3–4 (BPAI Aug. 10, 2009) (informative), available at https://www.uspto.gov/sites/default/files/ip/boards/bpai/decisions/inform/fd0 9004693.pdf; see also In re Lovin, 652 F.3d 1349, 1357 (Fed. Cir. 2011). The Examiner maintains that Appellant is relying upon a bodily incorporation of the teachings of the two references rather than what it would have suggested to one of ordinary skill in the art at the time of the invention. Ans. 8. The Examiner maintains that providing another way of representing human presence in a surveillance image that further abstracts the identity of people is another means to improve the overall privacy of the teachings already taught by Mummareddy, and as such is considered an obvious teaching to combine with those of Mummareddy, especially as the teachings of Mummareddy already are concerned with some level of abstracting of human images to detect motion. Ans. 8. In the Reply Brief, Appellant cites to the portions of the Mummareddy reference relied upon by the Examiner in the Answer and generally contends that the Mummareddy reference does not teach or render obvious the claimed “generating a second foreground image” limitation. Reply Br. 5–8. Appellant further reiterates that the combination of the teachings of the Mummareddy and Elfving references could only have been improperly gleaned from Appellant’s disclosure. Reply Br. 8. Again, we find Appellant’s general arguments to be unavailing to show error in the Examiner’s factual findings or conclusion of obviousness of representative independent claim 1. Appellant sets forth separate headings and repeats the similar arguments for independent claims 10–12. Appeal 2019-002555 Application 14/813,494 8 Appeal Br. 17–26. Because we found Appellant’s arguments to be unpersuasive with respect to representative independent claim 1, we find Appellant’s arguments to be unpersuasive with respect to independent claims 10–12. See 37 C.F.R. § 41.37(c)(1)(iv). Because Appellant has not set forth separate arguments for patentability of dependent claims 3–9 and 13–16, these claims will fall with their respective independent claims. Appeal Br. 17, 27; Reply Br. 10. See 37 C.F.R. § 41.37(c)(1)(iv). Claim 2 Appellant sets forth separate arguments for patentability of dependent claim 2. Appeal Br. 16–17. Appellant submits Mummareddy fails to teach or disclose at least the recited changing the display form of at least one of the first and second foreground images in such a manner that the confused state is removed, and Mummareddy is merely concerned with coordinating positions of multiple tracks (all of which are within the same foreground image). Appeal Br. 16–17. The Examiner merely quotes from columns 14–15 of the Mummareddy reference and concludes that this clearly teaches a confusion between the detected people in the captured images which is interpreted as the second foreground image, and overlapping tracks in the track image, which is interpreted as the first foreground image, and handling those in such a manner that the confused state is removed. Ans. 9. In the Reply Brief, Appellant contends Mummareddy’s coordination of such positions is performed using weights and probabilities designed to prevent a confused state (e.g., in the form of preventing multiple tracks from Appeal 2019-002555 Application 14/813,494 9 converging to the same point), and not detecting a confused state as recited in claim 2. We may speculate that the Examiner is relying on the converging of tracks to the same point in the Mummareddy reference, but we find no express disclosure of a “confused state” which is detected as required by the language of dependent claim 2. Nor has the Examiner expressly identified that the Mummareddy reference teaches or suggests the claimed “changes the display form of at least one of the first and second foreground images in such a manner that the confused state is removed.” Although the Examiner identifies that Mummareddy prevents multiple tracks from converging to the same point, this processing does not persuasively evidence the two steps of “detects” and “changes.” Consequently, we agree with Appellant that the Mummareddy reference does not teach or suggest the claimed “detects a confused state” and “changes the display form . . . in a manner that the confused estate is removed.” As a result, we cannot sustain the Examiner’s obviousness rejection of dependent claim 2. CONCLUSIONS The Examiner’s obviousness rejection of claims 1 and 3–16 are affirmed, but the obviousness rejection of claim 2 is reversed. Appeal 2019-002555 Application 14/813,494 10 DECISION SUMMARY In summary: Claims Rejected 35 U.S.C. § Reference(s)/Basis Affirmed Reversed 1–16 103 Mummareddy, Elfving 1, 3–16 2 TIME PERIOD FOR RESPONSE No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R. § 1.136(a)(1)(iv). AFFIRMED IN PART Copy with citationCopy as parenthetical citation