throbber
Case 2:20-cv-07872-MWF-PVC Document 1-3 Filed 08/27/20 Page 1 of 21 Page ID #:113
`Case 2:20-cv-07872—MWF-PVC Document 1-3 Filed 08/27/20 Page 1 of 21 Page ID #:113
`
`
`
`
`
`
`
`
`
`
`EXHIBIT C
`
`EXHIBIT C
`
`

`

`Case 2:20-cv-07872-MWF-PVC Document 1-3 Filed 08/27/20 Page 2 of 21 Page ID #:114
`
`USOO8326.038B2
`
`(12) United States Patent
`Boncyk et al.
`
`(10) Patent No.:
`(45) Date of Patent:
`
`US 8,326,038 B2
`*Dec. 4, 2012
`
`(54) OBJECT INFORMATION DERIVED FROM
`OBJECT IMAGES
`
`(75) Inventors: Wayne C. Boncyk, Evergreen, CO (US);
`Ronald H. Cohen, Pasadena, CA (US)
`(73) Assignee: Nant Holdings IP, LLC, Los Angeles,
`CA (US)
`f thi
`the t
`disclai
`Subiect t
`ubject to any d1Sc1a1mer, une term oI un1s
`patent is extended or adjusted under 35
`U.S.C. 154(b) by 0 days.
`This patent is Subject to a terminal dis-
`claimer.
`
`(*) Noti
`O1C
`
`(21) Appl. No.: 13/207,230
`
`1-1.
`(22) Filed:
`
`(65)
`
`Aug. 10, 2011
`O
`O
`Prior Publication Data
`US 2011 FO295.742 A1
`Dec. 1, 2011
`Related U.S. Application Data
`(60) Division of application No. 13/037,330, filed on Feb.
`28, 2011, now Pat. No. 8,218,873, which is a division
`of application No. 12/568,130, filed on Sep. 28, 2009,
`now Pat. No. 7,899,252, which is a division of
`lication No. 1 1/204,901 filed on Aug. 15, 2005
`applica E. "No
`680 .
`"S, is
`a
`continuation-in-part of application No. 09/992,942,
`filed on Nov. 5, 2001, now Pat. No. 7,016,532.
`(60) Provisional application No. 60/317,521, filed on Sep.
`5, 2001, provisional application No. 60/246.295, filed
`on Nov. 6, 2000, provisional application No.
`60/630,524, filed on Nov. 22, 2004, provisional
`application No. 60/625,526, filed on Nov. 4, 2004.
`(51) Int. Cl.
`(2006.01)
`G06K 9/00
`(52) U.S. Cl. ....................................................... 382/181
`
`(58) Field of Classification Search .................. 382/181,
`382/224, 305,100; 455/414.3, 411,414.2,
`455/412.1; 705/26.1, 27.1, 7.33: 348/239,
`348/211.2-211.6, 207.1, 460, 552
`See application file for complete search history.
`References Cited
`
`(56)
`
`U.S. PATENT DOCUMENTS
`5,579,471 A 11/1996 Barber et al.
`5,615,324 A
`3, 1997 Rya
`5,625,765 A
`4/1997 Ellenby et al.
`39.3% A 1992. Scy et al.
`5,742,521 A
`4/1998 Ellenby et al.
`5,751,286 A
`5/1998 Barber et al.
`5,768,663 A
`6, 1998 Lin
`5,815,411 A
`9/1998 Ellenby et al.
`5,926,116 A
`7/1999 Kitano et al.
`5,933,823. A
`8/1999 Cullen et al.
`5,933,829 A
`8, 1999 Durst et al.
`5,978,773. A 1 1/1999 Hudetz et al.
`5.991,827 A 1 1/1999 Ellenby et al.
`6,031,545 A
`2/2000 Ellenby et al.
`(Continued)
`FOREIGN PATENT DOCUMENTS
`O920179
`9, 2000
`(Continued)
`
`EP
`
`Primary Examiner —Ishrat I Sherali
`(74) Attorney, Agent, or Firm — Fish & Associates, PC
`
`ABSTRACT
`(57)
`Search terms are derived automatically from images captured
`by a camera equipped cell phone, PDA, or other image cap
`turing device, Submitted to a search engine to obtain infor
`mation of interest, and at least a portion of the resulting
`information is transmitted back locally to, or nearby, the
`device that captured the image.
`
`24 Claims, 8 Drawing Sheets
`
`SMBC
`
`
`
`
`
`MAGE
`DECOMPOSTTON
`
`

`

`Case 2:20-cv-07872-MWF-PVC Document 1-3 Filed 08/27/20 Page 3 of 21 Page ID #:115
`
`US 8,326,038 B2
`Page 2
`
`U.S. PATENT DOCUMENTS
`6,037,963 A
`3/2000 Denton et al.
`6,055,536 A
`4/2000 Shimakawa et al.
`6,064,398 A
`5/2000 Ellenby et al.
`6,081,612 A
`6/2000 Gutkowicz-Krusin et al.
`E: A
`29 Elyst al.
`6.144848. A
`1/2000 &E
`k l l
`3.2 R
`299; E. 1
`6.82090 Bi
`1, 2001 (phet al.
`6,199,048 B1
`3/2001 Hudetzetal
`6,208,749 B1
`3/2001 Gutkowicz-Krusin et al.
`6.256,409 B
`72001 Wang
`6,278.461 B1
`8/2001 Ellenby et al.
`g: R 858: ER seal
`6,307.957 B1
`10/2001 Gutkowicz-Krusin et al.
`3. R
`29: Bill cal
`6,396,537 B1
`5/2002 S E.
`- - w
`quilla et al.
`6,411,725 B1
`6/2002 Rhoads
`6,414,696 B1
`7/2002 Ellenby et al.
`6,430,554 B1
`8/2002 Rothschild
`6,434,561 B1
`8/2002 Durst, Jr. et al.
`3. R 23: R 1
`6522.889 B
`2/2003
`lity et al.
`6,532,298 B1
`3/2003 Cambier et al.
`6,535,210 B1,
`3, 2003 Ellenby et al.
`6542,933 B1
`4/2003 Durst
`etal
`6,567,122 B1
`5/2003 Anderson et al.
`6,651,053 B1
`1 1/2003 Rothschild
`6,674,923 B1
`1/2004 Shih et al.
`6,674,993 B1
`1/2004 Tarbouriech
`6,675,165 B1
`1/2004 Rothschild
`6,690,370 B2
`2/2004 Ellenby et al.
`6,691.914 B2
`2/2004 Isherwood et al.
`6,714,969 B1
`3/2004 Klein et al.
`6,724.914 B2
`4/2004 Brundage et al.
`6,738,630 B2
`5/2004 Ashmore
`6,766,363 B1
`7/2004 Rothschild
`6,804,726 B1
`10/2004 Ellenby et al.
`6,842,181 B2
`1/2005 Acharya
`6,865,608 B2
`3/2005 Hunter
`6,885,771 B2
`4/2005 Takahashi
`6,968,453 B2 * 1 1/2005 Doyle et al. .................. 713/168
`6,993,573 B2
`1/2006 Hunter
`7,016,532 B2
`3/2006 Boncyk et al.
`7,103,772 B2 * 9/2006 Jorgensen et al. ............ 713/168
`7,127,094 B1
`10/2006 Elbaum et al.
`7,301,536 B2 11/2007 Ellenby et al.
`7,353,184 B2 * 4/2008 Kirshenbaum et al. ...... 705,733
`7.356,705 B2 * 4/2008 Ting .............................. 713/186
`7,362.922 B2
`4/2008 Nishiyama et al.
`
`6/2008 Hudetz et al.
`7,383.209 B2
`3. Ea
`2:5 R:
`4/2010 Ellenb tal
`7696.905 B2
`7.5 50. E.
`796.38 B2
`3/2011 John et al.
`8,099.332 B2 *
`1/2012 Lemay et al. ................ TO5/26.1
`8,218,874 B2 * 7/2012 Boncyk et al. ................ 382, 181
`2001/001 1276 A1
`8/2001 Durst, Jr. et al.
`2001/0032252 Al
`10/2001 Durst, Jr. et al.
`2001/0044824 A1 11/2001 Hunter et al.
`2001/0047426 Al
`11/2001 Hunter
`2002/00 19819 A1
`2/2002 Sekiguchi et al.
`28393. A 5.3% hawa
`535856.5. A
`1585 Ek yk et al.
`2002/0102966 A1
`8, 2002 Lev et al.
`6583 SA eatle et al.
`385886. A
`2002/0156866 A1 10, 2002 Schneider
`2002/0163521 A1 1 1/2002 Ellenby et al.
`2003/0095681 A1
`5/2003 Burg et al.
`2004/0208.372 A1 10/2004 Boncyk et al.
`2005/00 15370 A1
`1/2005 Stavely et al.
`2005/0024501 A1
`2/2005 Ellenby et al.
`2005, 0162523 A1
`7, 2005 Darrell et al.
`2005/0185060 A1
`8/2005 Never, Sr.
`2007/01096.19 A1
`5/2007 Eberlet al.
`388853. A
`258. Enea
`2011/0173100 A1* 7/2011 Boncyk et al. ............... 705/27.1
`FOREIGN PATENT DOCUMENTS
`1355.258
`2, 2003
`EP
`2264669
`12/2010
`EP
`2407230
`9, 2003
`GB
`10-91634
`4f1998
`JP
`10-289.243
`10, 1998
`JP
`2001101.191
`4/2001
`JP
`2001282825
`10, 2001
`JP
`97,44737
`11, 1997
`WO
`97,49060
`12/1997
`WO
`98.37811
`9, 1998
`WO
`99.16024
`4f1999
`WO
`99.42.946
`8, 1999
`WO
`99.42947
`8, 1999
`WO
`99.44010
`9, 1999
`WO
`O1,24050
`4/2001
`WO
`O1/49056
`T 2001
`WO
`O1,63487
`8, 2001
`WO
`O1,71282
`9, 2001
`WO
`O 1/73603
`10, 2001
`WO
`O2/O1143
`1, 2002
`WO
`O2/O82799
`10, 2002
`WO
`* cited by examiner
`
`

`

`Case 2:20-cv-07872-MWF-PVC Document 1-3 Filed 08/27/20 Page 4 of 21 Page ID #:116
`
`U.S. Patent
`
`Dec. 4, 2012
`
`Sheet 1 of 8
`
`US 8,326,038 B2
`
`
`
`
`
`
`
`
`
`
`
`INPUT IMAGE
`CAPTURE
`
`
`
`
`
`0
`
`OBJECT
`MAGE
`
`ETERMINEY
`MAGE
`TYPE
`
`SYMBOLIC
`MAGE
`
`NPUT IMAGE
`DECOMPOSITON
`
`2, 6
`
`Y 3 4.
`
`DECODE
`
`DATABASE
`MATCHING
`
`
`
`SELECT BEST
`MATCH
`
`F.G. 1
`
`4 0
`
`4 2
`
`URL RETURN
`
`

`

`Case 2:20-cv-07872-MWF-PVC Document 1-3 Filed 08/27/20 Page 5 of 21 Page ID #:117
`
`U.S. Patent
`
`Dec. 4, 2012
`
`Sheet 2 of 8
`
`US 8,326,038 B2
`
`
`
`\ s
`
`
`
`

`

`Case 2:20-cv-07872-MWF-PVC Document 1-3 Filed 08/27/20 Page 6 of 21 Page ID #:118
`
`U.S. Patent
`
`Dec. 4, 2012
`
`Sheet 3 of 8
`
`US 8,326,038 B2
`
`
`
`
`
`
`
`
`
`
`
`
`
`FOREACH INPUT IMAGE
`SEGMENT GROUP
`
`FOREACH OBJECT IN
`DATABASE
`
`
`
`FOREACH SEGMENT
`GROUP IN THIS WEW
`
`
`
`GREYSCALE
`COMPARISON
`
`COLORCUBE
`COMPARSON
`
`
`
`WAVELET
`COMPARISON
`
`FIG. 3A
`
`

`

`Case 2:20-cv-07872-MWF-PVC Document 1-3 Filed 08/27/20 Page 7 of 21 Page ID #:119
`
`U.S. Patent
`
`Dec. 4, 2012
`
`Sheet 4 of 8
`
`US 8,326,038 B2
`
`CALCULATE coMBINED
`MATCH SCORE
`
`NEXT SEGMENT GROUPN
`THIS DATABASE VIEW
`
`NEXT VEW OF THIS
`DATABASE OBJECT
`
`NEXT OBJECT IN
`DATABASE .
`
`NEXT INPUT IMAGE
`SEGMENT GROUP
`
`FIG. 3B
`
`FINISH
`
`

`

`Case 2:20-cv-07872-MWF-PVC Document 1-3 Filed 08/27/20 Page 8 of 21 Page ID #:120
`
`U.S. Patent
`
`Dec. 4, 2012
`
`Sheet 5 of 8
`
`US 8,326,038 B2
`
`TARGET
`OBJECT
`
`CONTENT
`SERVER
`
`1 O2
`
`1 O O
`
`1 11
`
`FIG. 4
`
`CAMERA
`
`1 0 3
`
`BROWSER
`
`MAGE
`PROCESSING
`
`104
`
`1 1 0
`
`
`
`NAL
`TERM
`
`IMAGE DATA
`
`10
`5
`
`1.
`
`\
`OBJE CT
`RECOGNITION
`
`TARGET
`OBJECT
`NFORMATION
`
`DATABASE
`
`IDENTIFICATION SERVER
`
`

`

`Case 2:20-cv-07872-MWF-PVC Document 1-3 Filed 08/27/20 Page 9 of 21 Page ID #:121
`
`U.S. Patent
`
`Dec. 4, 2012
`
`Sheet 6 of 8
`
`US 8,326,038 B2
`
`TARGET
`OBJECT
`
`CONTENT
`SERVER
`
`20 2.
`
`20 0
`
`21
`
`FIG 5
`
`CAMERA
`
`MAGE
`
`203
`
`BROWSER
`al
`
`204
`PROCESSING
`TERMINAL
`
`2 1 0
`
`
`
`MAGE DATA
`
`TARGET
`OBJECT
`|INFORMATION
`2 0 6
`/
`
`
`
`2 O 9
`
`
`
`
`
`
`
`
`
`2 OS
`2 () 7
`\
`\
`OBJE CT
`DATABASE
`RECoNTION
`DENTIFICATION SERVER
`
`

`

`Case 2:20-cv-07872-MWF-PVC Document 1-3 Filed 08/27/20 Page 10 of 21 Page ID #:122
`
`U.S. Patent
`
`Dec. 4, 2012
`
`Sheet 7 of 8
`
`US 8,326,038 B2
`
`TARGET
`OBJECT
`
`
`
`SPACECRAFT
`DATA SYSTEM
`
`0 2
`
`300
`
`31 O
`
`3 O 3
`
`
`
`
`
`MAGE
`PROCESSENG 3 O 4
`
`FIG. 6
`
`
`
`IMAGE DATA
`
`
`
`TARGET
`OBJECT
`INFORMATION
`
`3 O 5
`
`
`
`
`
`\
`oBJECT
`RECOGNITION
`
`\
`DATABASE
`
`DENTIFICATION SERVER
`
`

`

`Case 2:20-cv-07872-MWF-PVC Document 1-3 Filed 08/27/20 Page 11 of 21 Page ID #:123
`
`U.S. Patent
`
`Dec. 4, 2012
`
`Sheet 8 of 8
`
`US 8,326,038 B2
`
`a.
`
`A25
`
`internet f
`Network
`
`42
`
`
`
`432
`
`

`

`Case 2:20-cv-07872-MWF-PVC Document 1-3 Filed 08/27/20 Page 12 of 21 Page ID #:124
`
`US 8,326,038 B2
`
`1.
`OBJECT INFORMATION DERVED FROM
`OBJECT IMAGES
`
`This application is a divisional of Ser. No. 13/037,330 filed
`Feb. 28, 2011 which is a divisional of Ser. No. 12/568,130
`filed Sep. 28, 2009 which is a divisional of Ser. No. 1 1/204,
`901 filed Aug. 15, 2005 which is a continuation-in-part of Ser.
`No. 09/992,942 filed Nov. 5, 2001 and issued as 7,016,532 on
`Mar. 1, 2006, which claims priority to provisional application
`No. 60/317,521 filed Sep. 5, 2001 and provisional application
`No. 60/246,295 filed Nov. 6, 2000. Ser. No. 1 1/204,901 filed
`Aug. 15, 2005 and issued as U.S. Pat. No. 7,899,252 on Mar.
`1, 2011 also claims priority to provisional application No.
`60/630,524 filed Nov. 22, 2004 and provisional application
`No. 60/625,526 filed Nov. 4, 2004. These and all other refer
`enced patents and applications are incorporated herein by
`reference in their entirety. Where a definition or use of a term
`in a reference that is incorporated by reference is inconsistent
`or contrary to the definition of that term provided herein, the
`definition of that term provided herein is deemed to be con
`trolling.
`
`5
`
`10
`
`15
`
`FIELD OF THE INVENTION
`
`The field of the invert digital imaging.
`
`BACKGROUND
`
`Several years ago the present inventors pioneered the con
`cept of using digitally captured images to identify objects
`within the images, and then using Such identifications to
`retrieve information from various databases. Examples
`include:
`Using a local device (cell phone, digital camera, PDA or
`other device to capture an image of an object in an art
`museum, identifying the object from the image data, and
`then providing the user with information regarding the
`object (i.e., about or relating to the object);
`Using a local device (cell phone, digital camera, PDA or
`other device) to capture an image of an automobile as it
`drives along a road, identifying the make and model
`from the image data, and then providing a user with a
`link to a website relating to that particular make and
`model;
`Using a local device (cell phone, digital camera, PDA or
`other device) to capture an image of a bar code, logo, or
`other indicia in a magazine, using information contained
`in the indicia to identify a product, and providing a
`telephone number or other contact information relating
`to that product;
`Using a local device (cell phone, digital camera, PDA or
`other device) to photograph a billboard of a restaurant,
`identifying the restaurant from a barcode, special target,
`written language, or other information contained in the
`photograph, and using that information to access a data
`base to provide the user with restaurants location,
`menu, or telephone number, and
`Using a local device (cell phone, digital camera, PDA or
`other device) to capture an image of a sign at a sports
`stadium, using information extracted from the image to
`automatically purchase an entry ticket for the user, and
`providing the user with an entry code that can be used to
`bypass the long lines of ordinary ticket purchasers.
`In Such embodiments it was specifically contemplated that
`analysis of the images could be performed locally (i.e. on the
`cellphone, PDA or other device capturing the image), distally
`at a server, or more preferably using some combination of the
`
`25
`
`30
`
`35
`
`40
`
`45
`
`50
`
`55
`
`60
`
`65
`
`2
`two. It was also contemplated that any available database
`could be accessed to provide the returned information,
`including publicly accessible databases on the Internet. It was
`not appreciated, however, that one could integrate these con
`cepts with the searching capabilities of standard Search
`Engines.
`In the 1990s Yahoo!TM introduced the idea of indexing web
`pages accessible on Internet, and providing a Search Engine
`that to access the index. Since that time dozens of other
`searching systems have been developed, which use all man
`ner of various search methods, algorithms, hardware and/or
`Software. All Such systems and methods that accept user
`inputs of Key Information, and then utilize such Key Infor
`mation to provide the user with information of interest, are
`referred to herein as Search Engines. The user, of course, can
`be a natural person, as well as a device (computing or other
`wise), algorithm, system, organization, or any other entity. In
`searching for information, a Search Engine can utilize any
`Suitable search domain, including for example:
`A database (including for example a relational database, an
`object database, or an XIV database).
`A network of resources including for example web pages
`accessible within the Internet; and
`A public or private collection of documents or information
`(e.g., documents, information, and/or messages of a
`company or other organization(s)) such as that main
`tained by LEXISTM.
`In a typical search, Key Information is provided to the
`Search Engine in the form of key words comprising text,
`numbers, strings, or other machine-readable information
`types. The Search Engine then searches its indices of web
`pages for matches, and returns to the user a hyperlinked
`listing of Internet Uniform Resource Locators (“URLs”), as
`well as some brief display of context in which the key word(s)
`are used. The information of interest can sometimes be found
`in the hyperlinked listing, but is more frequently found by
`linking directly to the listed web pages.
`Providing Key Information to Search Engines in the form
`of text strings has inherent difficulties. It involves strategy in
`the selection of the text to be entered, and even with respect to
`the format of the keywords (for example using wildcards).
`Another difficulty is that Small computing and/or telephony
`devices (e.g. telephones, both mobile and non-mobile), have
`small and/or limited keyboards, thus making text entry diffi
`cult.
`
`SUMMARY OF THE INVENTION
`
`The present invention provides apparatus, Systems and
`methods in which: (a) a digital photograph, video, MPEG,
`ANT, or other image is captured using a camera equipped cell
`phone, PDA, or other image capturing device; (b) key words
`or other search criteria are automatically extracted or derived
`from image; (c) the search criteria are Submitted to a Search
`Engine to obtain information of interest; and (d) at least a
`portion of the resulting information is transmitted back
`locally to, or nearby, the device that captured the image.
`Some images so utilized will include symbolic content that
`is sufficient in and of itself to be relatively non-ambiguous.
`Such symbolic content, for example, can be a telephone num
`ber or a web-site address. In such instances the symbolic
`content search criteria can advantageously be utilized as a
`literal in the search criteria. In other instances significant
`additional processing can be needed. For example, an image
`ofan automobile will likely need to be processed to determine
`the make and model, and that information (e.g. MercedesTM
`S500TM) can then be transmitted to the Search Engine to be
`
`

`

`Case 2:20-cv-07872-MWF-PVC Document 1-3 Filed 08/27/20 Page 13 of 21 Page ID #:125
`
`US 8,326,038 B2
`
`4
`the invention, along with the accompanying drawings in
`which like numerals represent like components.
`
`BRIEF DESCRIPTION OF THE DRAWING
`
`10
`
`15
`
`FIG. 1 is a schematic block diagram top-level algorithm
`flowchart;
`FIG. 2 is an idealized view of image capture;
`FIGS. 3A and 3B are a schematic block diagram of process
`details of the present invention;
`FIG. 4 is a schematic block diagram of a different expla
`nation of invention;
`FIG. 5 is a schematic block diagram similar to FIG. 4 for
`cellular telephone and personal data assistant (PDA) applica
`tions; and
`FIG. 6 is a schematic block diagram for spacecraft appli
`cations.
`FIG. 7 is a schematic of a system in which a local device
`captures and image, a search term is automatically derived
`from an image, is Submitted to a search engine to produce a
`results set, and information from the results set is sent back to
`the device.
`
`3
`used as key words for a search. It is also contemplated that
`processing of Some images will result in only best guesses.
`Thus, a side view of an automobile can not be analyzable into
`a particular make and model, and in that case the system can
`provide more generic terms such as SUV or automobile.
`In general, the present invention provides technology and
`processes that can accommodate linking objects and images
`to information via a network such as the Internet, which
`require no modification to the linked object. Traditional meth
`ods for linking objects to digital information, including
`applying a barcode, radio or optical transceiver, or transmit
`ter, or some other means of identification to the object, or
`modifying the image or object so as to encode detectable
`information in it, are not required because the image or object
`can be identified solely by its visual appearance. The users or
`devices can even interact with objects by “linking to them.
`For example, a user can link to a vending machine by “point
`ing and clicking on it. His device would be connected over
`the Internet to the company that owns the vending machine.
`The company would in turn establish a connection to the
`vending machine, and thus the user would have a communi
`cation channel established with the vending machine and
`could interact with it.
`The present invention contemplates any Suitable decompo
`sition algorithms. Clearly, faster and more accurate algo
`rithms are preferred over slower and less accurate algorithms.
`It is especially preferred that algorithms are chosen Such that
`at least some processing can take place locally to the device
`that captures the image. Such processing can in many
`instances eliminate the need to wirelessly transmit detailed
`images, and can eliminate reliance on a distal server that
`might be oversubscribed. Thus, some or all of the image
`processing, including image/object detection and/or decod
`ing of symbols detected in the image can be distributed arbi
`trarily between the mobile (client) device and the server. In
`other words, some processing can be performed in the client
`device and some in the server, without specification of which
`particular processing is performed in each, or all processing
`can be performed on one platform or the other, or the plat
`forms can be combined so that there is only one platform. The
`image processing can be implemented in a parallel computing
`manner, thus facilitating scaling of the system with respect to
`database size and input traffic loading.
`It is further contemplated that some suitable algorithms
`will take into account the position and orientation of an object
`with respect to the user at the time the image was captured,
`which can be determined based on the appearance of the
`object in an image. This can be the location and/or identity of
`people scanned by multiple cameras in a security system, a
`passive locator system more accurate than UPS or usable in
`areas where UPS signals cannot be received, the location of
`specific vehicles without requiring a transmission from the
`vehicle, and many other uses.
`Therefore, it is an object of the present invention to provide
`a system and process for identifying digitally captured
`images without requiring modification to the object.
`Another object is to use digital capture devices in ways
`never contemplated by their manufacturer.
`Another object is to allow identification of from partial
`views of the object.
`Another object is to provide communication means with
`operative devices without requiring a public connection
`therewith.
`Various other objects, features, aspects and advantages of
`the present invention will become more apparent from the
`following detailed description of preferred embodiments of
`
`25
`
`30
`
`35
`
`40
`
`45
`
`50
`
`55
`
`60
`
`65
`
`DETAILED DESCRIPTION
`
`FIGS. 1-6 are copied from the priority PCT application,
`PCT/US02/35.407 filed Nov. 5, 2002. Discussion of that those
`figures is set forth later in the application.
`Search Engine-Related Embodiments
`In FIG. 7 a system 400 generally comprises a portable
`imaging device 410, a distal server 420, an electronic com
`munications network 425, and a search engine 430.
`In general, the portable device 410 captures an image 412
`ofan object 415; and transmits information 413 regarding the
`image to the server 420. At least one of the device 410 and the
`server 420 derives a search term 421A, 421B from at least one
`of the image 412 and the transmitted information 413, respec
`tively. At least one of the device 410 and the server 420 cause
`the search term 421A, 421B to be submitted via a network 425
`to a search engine 430 that uses an index 432 of web pages or
`other information. The search engine then uses the search
`term 421A, 421B to produce a results set 434, and causes at
`least a portion of the results set 434 to be transmitted back to
`the portable device 410. In the above discussion it should be
`appreciated that information regarding the image can include
`the entire image, one or more Subsets of the image, as well as
`a name or other information derived from the image, but not
`contained within the image. It should also be appreciated that
`one could use a proxy server between his/her portable device
`and the server. In short, the present application contemplates
`using any complexity of circuitous communication between
`the mobile client and server—not necessarily a direct con
`nection.
`Device 410 can be a cell phone, PDA, laptop computer, or
`any other portable device that optically captures an image. By
`“optically captures” is meant Some sort of light sensitive
`array, the output of which can be processed to comprise a
`visually perceptible image. Viewed from another perspective,
`device 410 can be any camera having telephony capability,
`and especially having cell phone capability. With current
`technology, device 410 would usually have a lens or other
`light focusing mechanism, although it is contemplated that
`advances in electronics can eliminate the need for any physi
`cal focusing mechanism. The term "optically captures' is not
`satisfied by a device that has not optical components, and is
`merely capable of downloading images from the Internet or
`other sources.
`
`

`

`Case 2:20-cv-07872-MWF-PVC Document 1-3 Filed 08/27/20 Page 14 of 21 Page ID #:126
`
`US 8,326,038 B2
`
`5
`It is certainly contemplated that the cell phone or other
`device providing the services discussed herein would operate
`software permitting it to do so. That software could be resi
`dent on the device, in external memory (memory card), or
`paged in as needed.
`Object 415 (referred to as a Thing of Interest” in one or
`more of the priority applications) can be any visually percep
`tible object, regardless of dimension. Contemplated “two
`dimensional objects include objects in which the relevant
`information is Substantially in two dimensional format,
`which includes advertisements and articles in magazine or
`other print media, as well as photographs or designs on bill
`boards, street signs, restaurant or other business signs, user
`manuals, paintings at a museum, and so forth.
`Contemplated three dimensional objects include Substan
`tially all physical objects in which the relevant information is
`derived from the shape of the object and/or the appearance of
`the surface of the object. Thus, an automobile is considered
`herein to have three dimensions of relevance where the shape
`or other dimensions convey information about the make and
`model. Similarly, a window in a building can be considered to
`have three dimensions of relevance where the identity of the
`manufacturer or distributor can be gleaned from the overall
`physical dimensions, detail, and so forth. As another
`example, a beverage container can be considered to have three
`dimensions; information can be obtained from the shape of
`the container but further information can also be obtained
`from the label, printing, logos, text, or other Such visible
`markings on the container (obtaining information from vis
`ible markings on the container enables discrimination
`between different containers that have identical physical
`shape). Contemplated three dimensional objects include sub
`stantially all physical objects in which the relevant informa
`tion is derived from changes over time. For example, the
`speed of a bird or its flight patterns, or a gesture of a person,
`can be captured in multiple images over a period of time, and
`can be relevant information, and can be reduced to search
`terms (referred to as Key Information in one or more of the
`priority documents) for Submission to a search engine. Of
`course, many objects will be considered to have two, three or
`40
`four dimensions of relevance herein. Thus, relevant informa
`tion for an automobile can be provided by each of a two
`dimensional logo on the side of the vehicle, the three dimen
`sional shape of the vehicle, and its four dimensional
`acceleration or handling features.
`It is especially contemplated that objects can include ani
`mate and inanimate objects. Among animate objects are
`included faces of people, and biometric information Such as
`the fingerprint pattern on a human finger, an iris of a person
`and so forth.
`Image 412 is contemplated to be any array of pixels. In
`most cases the pixels will be regularly arranged, but that is not
`absolutely necessary. In most cases the pixels also will num
`bergreater than 19,200 (160x120), such as 78,800 (320x240)
`but they can number few than that. More preferred images
`have greater pixel counts, including for example, 256,000
`(640x400), more preferably at least 2 million, and even more
`preferably at least 4 million. It is not necessary that the image
`be actually constructed at the portable device. Thus, a state
`ment that “the portable device captures an image of an object’
`includes situations where the device receives and derives data
`from light emitted or reflected from the object, even if the data
`is never presented to a user as a visually perceptible image,
`and even if the data is sent to a distal server without ever being
`collected into an image by the device.
`The information transmitted to the server can comprise any
`relevant information regarding the contents of the image.
`
`50
`
`6
`Thus, information 413 could comprise the entire image, or a
`portion of the image. For example, where a user takes a
`picture of a bar code (whether 2D, 3D or any other configu
`ration, the device 410 could process the image 412 to remove
`color and all background except the bar code itself, and then
`merely send the portion of the image containing the bar code
`as the transmitted information 413. In other cases it is con
`templated that the device 410 could sufficiently process the
`image 413 to derive one or more keywords, and then send
`only the keyword(s) as the transmitted information 413. All
`possible combinations are also contemplated. Thus, a user
`might take a photograph of a GucciTM handbag, the device
`412 might derive the word "Gucci” from the image, subtract
`out background except for the handbag, and then transmit: (a)
`the word "Gucci'; and (b) the image of the handbag as the
`transmitted information 413. In Such instances the process
`can be iterative. Thus, the device might initially transmit the
`word "Gucci” as the first transmitted information, receive a
`results set from the search engine indicating clothing acces
`sories, and then Subtract out background except for the hand
`bag, and transmit the image of the handbag as the second
`transmitted information. As discussed above, it is specifically
`contemplated that the device 410 could send the server 420
`numerical/digital data that is mathematically derived from the
`image. Examples include image features and characteristics
`that the server 420 could use in the server recognition process,
`without transmitting the original image.
`As should be apparent by now, the transmitted information
`need not be limited to image information. Sights, sounds, text,
`and all sorts of other information can be included in the
`transmitted information, some of which can be derived
`directly from the image, and some of which can be derived
`indirectly from the image. In addition, the device 410 can also
`capture non-visual information Such as sounds, and that infor
`mation can also be transmitted. Thus, it is contemplated that
`the device could capture the Sounds of a frog, capture an
`image of a lake or forest, and send both to be used as (or
`further analyzed into) search terms.
`Distal server 420 is distal in the sense that it has no hard
`wired link to device 410. Server 420 can be a single device, as
`well as any number of devices coupled together, as for
`example in a server farm. All manner of suitable servers are
`contemplated. Thus, servers can use any reasonable hard
`ware, operate using any reasonable Software, communica
`tions protocols, and so forth.
`In terms of interaction with the device, the various analyti
`cal tasks discussed above can allocated in any suitable man
`ner between server 420 and device 410. For example, in the
`iterative operation discussed above with respect to the
`GucciTM handbag, it is contemplated that the device 410 could
`analyze the image sufficiently to transmit the term "Gucci” as
`an initial search term to the search engine 430, and the server
`420 could then undertake the tasks of subtracting out back
`ground of the image except for the handbag, and transmitting
`the image of the handbag as a second search term.
`In another example, the server 420 could determine that the
`original image provided insufficient information, and send a
`message to the user through the device 410, directing the user
`to take another image (such as from another angle, closer, or
`with greater detail.). Indeed, the server 420 could direct the
`user to take an image of another object entirely, in order to
`help determine identity of the first object. Thus, the user could
`take a first image of a payment display at a ball game, provide
`that image to the server for identification, and then instruct the
`user to take an image of a credit card against which the user
`wants to be billed for entrance into the ball game. The server
`could then process the payment against that credit card, and
`
`10
`
`15
`
`25
`
`30
`
`35
`
`45
`
`55
`
`60
`
`65
`
`

`

`Case 2:20-cv-07872-MWF-PVC Document 1-3 Filed 08/27/20 Page 15 of 21 Page ID #:127
`
`US 8,326,038 B2
`
`25
`
`7
`provide an entry code that the user could type to pass through
`an electronically controlled gate.
`In still another example, a user could use his cellphone to
`capture an image of a screwdriverset at a hardware store, and
`the cell phone could transmit the information derived from
`the image to GoogleTM or some other search engine to find
`comparison prices. The server 420 could then instruct the user
`to turn over the packaging and take another image of the set,
`this time from the back side of the packaging. In this way
`there is iterative interaction among the user's device, the
`server, and the search engine.
`It should also be appreciated tha

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket