IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`: 90/012,876
`Control No.
`: 7,932,923
`Patent No.
`: May 23, 2013
`Filed
`Customer No. : 06449
`
`Art Unit
`Examiner
`Conf. No.
`Atty. No.
`
`: 3992
`: Adam L. Basehoar
`: 6419
`: 4079-116
`
`Title: VIDEO SURVEILLANCE SYSTEM EMPLOYING VIDEO PRIMITIVES
`
`Mail Stop Ex Parte Reexam
`Central Reexamination Unit
`Commissioner for Patents
`United States Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`AMENDMENT AND REPLY
`
`This Amendment and Reply ("Reply") is in response to the Final Office Action dated
`
`April 4, 2014.
`
`Amendments to the Specification begin on page 2 of this paper.
`
`Amendments to the Claims begin on page 3 of this paper.
`
`A Listing of the Status of Claims and Support for Requested Claim Changes begins on
`
`page 7 of this paper.
`
`Remarks begin on page 8 of this paper.
`
`

`

`Attorney Docket No. 4079-116
`Control No. 90/012,876
`Page2
`
`Amendments to the Specification
`
`Pursuant to 37 CPR 1.530 ( d)(l) and (f), please replace the paragraph at col. 1, lines 8-12
`
`of U.S. Patent No. 7,932,923 with the following replacement paragraph:
`
`This application claims the priority to and is a continuation of U.S. patent
`
`application Ser. No. 09/987,707, filed Nov. 15, 2001, which claims priority to and
`
`is a continuation-in-part of U.S. patent application Ser. No. 09/694,712, filed on
`
`Oct. 24, 2000, now U.S. Pat. No. 6,954,498, each of which is incorporated herein
`
`by reference in their entirety.
`
`

`

`Attorney Docket No. 4079-116
`Control No. 90/012,876
`Page 3
`
`Amendments to the Claims
`
`Pursuant to 37 CPR 1.530 (d)(2) and (f), please cancel claims 42-81 and amend claims 1,
`
`8, 9, 20, 22, 29, and 30 as follows:
`
`1.
`
`(Amended) A method comprising:
`
`detecting an object in a video from a single camera;
`
`detecting a plurality of attributes of the object by analyzing the video from said single
`
`camera, the plurality of attributes including at least one of a physical attribute and a temporal
`
`attribute, each attribute representing a characteristic of the detected object;
`
`selecting a new user rule after detecting the plurality of attributes; and
`
`after detecting the plurality of attributes and after selecting the new user rule, identifying
`
`an event of the object that is not one of the detected attributes of the object by applying the new
`
`user rule to the plurality of detected attributes, wherein the applying the new user rule to the
`
`plurality of detected attributes comprises applying the new user rule to only the plurality of
`
`detected attributes;
`
`wherein the plurality of attributes that are detected are independent of which event is
`
`identified,
`
`wherein the step of identifying the event of the object identifies the event without
`
`reprocessing the video, and
`
`wherein the event of the object refers to the object engaged in an activity.
`
`8.
`
`(Amended) A method comprising:
`
`detecting first and second objects in a video from a single camera;
`
`detecting a plurality of attributes of each of the detected first and second objects by
`
`analyzing the video from said single camera, each attribute representing a characteristic of the
`
`respective detected object;
`
`selecting a new user rule; and
`
`after detecting the plurality of attributes, identifying an event that is not one of the
`
`detected attributes of the first and second objects by applying the new user rule to the plurality of
`
`

`

`Attorney Docket No. 4079-116
`Control No. 90/012,876
`Page4
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`detected attributes, wherein the applying the new user rule to the plurality of detected attributes
`
`comprises applying the new user rule to only the plurality of detected attributes;
`
`wherein the plurality of attributes that are detected are independent of which event is
`
`identified,
`
`wherein the step of identifying an event of the object comprises identifying a first event
`
`of the first object interacting with the second object by analyzing the detected attributes of the
`
`first and second objects, the first event not being one of the detected attributes, and
`
`wherein the event of the object refers to the object engaged in an activity.
`
`9.
`
`(Amended) A video device comprising:
`
`means for detecting an object in a video from a single camera;
`
`means for detecting a plurality of attributes of the object by analyzing the video from said
`
`single camera, the plurality of attributes including at least a physical attribute and a temporal
`
`attribute, each attribute representing a characteristic of the detected object;
`
`a memory storing the plurality of detected attributes;
`
`means for selecting a new user rule after the plurality of detected attributes are stored in
`
`memory; and
`
`means for identifying an event of the object that is not one of the detected attributes of
`
`the object by applying a selected new user rule to the plurality of attributes stored in memory, for
`
`identifying the event independent of when the attributes are stored in memory and for identifying
`
`the event without reprocessing the video, wherein the applying the new user rule to the plurality
`
`of detected attributes comprises applying the new user rule to only the plurality of detected
`
`attributes, and
`
`wherein the event of the object refers to the object engaged in an activity.
`
`20.
`
`(Amended) A method comprising:
`
`providing a video device which detects an object upon analyzing a video from a single
`
`camera and which detects plural attributes of the detected object upon analyzing the video from
`
`said single camera, the plurality of attributes including at least a physical attribute and a temporal
`
`attribute; and
`
`

`

`Attorney Docket No. 4079-116
`Control No. 90/012,876
`Page 5
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`then, selecting a rule, which is not a rule used to detect any individual attribute, as a new
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`user rule, the new user rule providing an analysis of a combination of the attributes to detect an
`
`event that is not one of the detected attributes, wherein the analysis of the combination of the
`
`attributes to detect the event comprises analyzing only the combination of the attributes,
`
`wherein the attributes to be detected are independent of the event to be detected, and
`
`wherein the event of the object refers to the object engaged in an activity.
`
`22.
`
`(Amended) A non-transitory computer-readable storage medium containing instructions
`
`that when executed by a computer system cause said computer system to implement the
`
`following method comprising:
`
`detecting an object in a video from a single camera;
`
`detecting a plurality of attributes of the object by analyzing the video from said single
`
`camera, the plurality of attributes including at least one of a physical attribute and a temporal
`
`attribute, each attribute representing a characteristic of the detected object;
`
`selecting a new user rule after detecting the plurality of attributes; and
`
`after detecting the plurality of attributes and after selecting the new user rule, identifying
`
`an event of the object that is not one of the detected attributes of the object by applying the new
`
`user rule to the plurality of detected attributes, the event of the object being identified without
`
`reprocessing the video, wherein the applying the new user rule to the plurality of detected
`
`attributes comprises applying the new user rule to only the plurality of detected attributes;
`
`wherein the plurality of attributes that are detected are independent of which event is
`
`identified, and
`
`wherein the event of the object refers to the object engaged in an activity.
`
`29.
`
`(Amended) A non-transitory computer-readable storage medium containing instructions
`
`that when executed by a computer system cause said computer system to implement the
`
`following method comprising:
`
`detecting first and second objects in a video from a single camera;
`
`

`

`Attorney Docket No. 4079-116
`Control No. 90/012,876
`Page 6
`
`detecting a plurality of attributes of each of the detected first and second objects by
`
`analyzing the video from said single camera, each attribute representing a characteristic of the
`
`respective detected object;
`
`selecting a new user rule; and
`
`after detecting the plurality of attributes, identifying an event that is not one of the
`
`detected attributes of the first and second objects by applying the new user rule to the plurality of
`
`detected attributes, wherein the applying the new user rule to the plurality of detected attributes
`
`comprises applying the new user rule to only the plurality of detected attributes;
`
`wherein the plurality of attributes that are detected are independent of which event is
`
`identified,
`
`wherein the step of identifying an event comprises identifying a first event of the first
`
`object interacting with the second object by analyzing the detected attributes of the first and
`
`second objects, the first event not being one of the detected attributes, and
`
`wherein the event of the object refers to the object engaged in an activity.
`
`30.
`
`(Amended) A video device comprising:
`
`means for detecting first and second objects in a video from a single camera;
`
`means for detecting a plurality of attributes of the object by analyzing the video from said
`
`single camera, each attribute representing a characteristic of the respective detected object;
`
`a memory storing the plurality of detected attributes; and
`
`means for identifying an event of the first object interacting with the second object by
`
`applying a selected new user rule to the plurality of attributes stored in memory, and for
`
`identifying the event independent of when the attributes are stored in memory, the event not
`
`being one of the detected attributes,
`
`wherein the applying the selected new user rule to the plurality of attributes stored in
`
`memory comprises applying the selected new user rule to only the plurality of attributes stored in
`
`memory,
`
`wherein the event of the object refers to the object engaged in an activity.
`
`42-81. (Canceled)
`
`

`

`Attorney Docket No. 4079-116
`Control No. 90/012,876
`Page 7
`
`Status of Claims and Support for Requested Claim Changes
`
`Claims 1-81 are pending in this reexamination. By way of this response, Patent Owner
`
`seeks to amend the specification, to amend claims 1, 8, 9, 20, 22, 29 and 30, and to cancel claims
`
`42-81. The amendment to the specification is supported, at least, by the priority claim made in
`
`the application transmittal sheet for the '116 application ( stating that it is a "Continuation" of
`
`U.S. Patent Application No. 09/987,707 ("the '707 application") and the application transmittal
`
`sheet for the '707 application (stating that it is a "Continuation-in-part (CIP)" of U.S. Patent
`
`Application No. 09/694, 712).
`
`Support for the proposed amendments to claims 1, 8, 9, 20, 22, 29, and 30 is found
`
`throughout the specifications of U.S. Patent No. 7,932,923 ("the '923 patent") and the '707
`
`application, filed on November 15, 2001. See '707 application at <JI<JI 67, 68, 118, 148 ("The
`
`video content can be reanalyzed with the additional embodiment in a relatively short time
`
`because only the video primitives are reviewed and because the video source is not
`
`reprocessed."). See also 37 C.F.R. § 1.132 Declaration of Dr. Kenneth A. Zeger Dec. ("Zeger
`
`Dec.") at <JI 30.
`
`In accordance with 37 CPR 1.116(b)(l) and (2), Patent Owner respectfully submits that
`
`the requested claim amendments be entered since the amendments conform the specification to
`
`satisfy the specific reference requirement for claiming benefit, present the rejected claims in the
`
`form indicated as being allowable (claims 55-58) in the final Office Action, and cancel the
`
`rejected claims 42-54 and 59-81. No new matter is added as a result of entry of the requested
`
`claim amendments. In accordance with 37 CPR 1.530U), none of the requested amendments
`
`enlarges the scope of the patented claims.
`
`

`

`Attorney Docket No. 4079-116
`Control No. 90/012,876
`Page 8
`
`Remarks
`
`In response to the Final Office Action dated April 4, 2014, Patent Owner respectfully
`
`requests reconsideration and withdrawal of the objection and rejections.
`
`I.
`
`Patentability and/or Confirmation
`
`Patent Owner wishes to thank the Examiner for the indication that claims 55-58 are
`
`patentable. See Final Office Action at pp. 36-37.
`
`II.
`
`Priority
`
`In order to expedite reexamination and without acquiescing to the Office's position,
`
`Patent Owner, by way of this response, is amending the specification so that the first sentence of
`
`the specification recites the following:
`
`This application claims the priority to and is a continuation of U.S. patent
`application Ser. No. 09/987,707, filed Nov. 15, 2001, which claims priority to and
`is a continuation-in-part of U.S. patent application Ser. No. 09/694,712, filed on
`Oct. 24, 2000, now U.S. Pat. No. 6,954,498, each of which is incorporated herein
`by reference in their entirety.
`
`Patent Owner respectfully submits that the foregoing amendment conforms the
`
`specification to satisfy the specific reference requirement for claiming benefit and that the '923
`
`patent is entitled to at least the Nov. 15, 2001, priority date of its parent application, i.e., the '707
`
`application.
`
`III.
`
`Claim Objections
`
`The Office objected to claims 64 and 81. In order to expedite reexamination and without
`
`acquiescing to the Office's position, Patent Owner, by way of this response, is cancelling without
`
`prejudice or disclaimer claims 64 and 81.
`
`

`

`Attorney Docket No. 4079-116
`Control No. 90/012,876
`Page 9
`
`IV.
`
`Claim Rejections
`
`The Office rejected claims 1-54 and 59-81. In order to expedite reexamination and
`
`without acquiescing to the Office's position, Patent Owner, by way of this response, is cancelling
`
`without prejudice or disclaimer claims 42-54 and 59-81. By way of this response, Patent Owner
`
`is amending independent claims 1, 9, 20, and 22 to be identical to previously presented claims
`
`55-58, respectively, which the Office found patentable. See Final Office Action at pp. 36-37
`
`(finding claims reciting "applying the new user rule to only the plurality of detected attributes"
`
`or "substantially similar limitations" to be patentable). In addition, Patent Owner is amending
`
`independent claims 8, 29, and 30 to similarly require application of the user rule "only" to the
`
`detected attributes. See amended claim 8 ("applying the new user rule to only the plurality of
`
`detected attributes"); amended claim 29 ("applying the new user rule to only the plurality of
`
`detected attributes"); amended claim 30 ("applying the selected new user rule to only the
`
`plurality of attributes stored in memory"). Patent Owner respectfully submits that independent
`
`claims 1, 8, 9, 20, 22, 29, and 30 and dependent claims 2-7, 10-19, 21, 23-28, and 31-41 are
`
`patentable for at least the same reasons as previously presented claims 55-58.
`
`Accordingly, Patent Owner respectfully requests reconsideration and withdrawal of the
`
`rejections.
`
`V.
`
`Conclusion
`
`Patent Owner respectfully submits that the claims, as amended in the propose manner, are
`
`patentable and respectfully requests issuance of a Notice of Intent to Issue Ex Parte
`
`Reexamination Certificate.
`
`

`

`Attorney Docket No. 4079-116
`Control No. 90/012,876
`Page 10
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`Respectfully submitted,
`
`ObjectVideo, Inc.
`
`/Martin M. Zoltick/
`Nancy J. Linck
`Reg. No. 31,920
`Martin M. Zoltick
`Reg. No. 35,745
`Michael V. Battaglia
`Reg. No. 64,932
`
`April 16, 2014
`
`ROTHWELL, FIGG, ERNST & MANBECK, PC
`607 14th Street, NW
`Suite 800
`Washington, DC 20005
`TEL: (202) 783-6040
`FAX: (202) 783-6031
`E-MAIL: nlinck@rfem.com, mzoltick@rfem.com, mbattari1ia@rfem.com
`
`