IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`: 90/012,878
`Control No.
`: 7,868,912
`Patent No.
`: May 24, 2013
`Filed
`Customer No. : 06449
`
`Art Unit
`Examiner
`Conf. No.
`Atty. No.
`
`:3992
`: Adam L. Basehoar
`:3806
`: 4079-117
`
`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
`
`March 27, 2014.
`
`Amendments to the Claims begin on page 2 of this paper.
`
`A Listing of the Status of Claims and Support for Requested Claim Changes begins on
`
`page 3 of this paper.
`
`Remarks begin on page 4 of this paper.
`
`
`
`: 90/012,878
`Control No.
`: 7,868,912
`Patent No.
`: May 24, 2013
`Filed
`Customer No. : 06449
`
`Art Unit
`Examiner
`Conf. No.
`Atty. No.
`
`:3992
`: Adam L. Basehoar
`:3806
`: 4079-117
`
`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
`
`March 27, 2014.
`
`Amendments to the Claims begin on page 2 of this paper.
`
`A Listing of the Status of Claims and Support for Requested Claim Changes begins on
`
`page 3 of this paper.
`
`Remarks begin on page 4 of this paper.
`
`
`
`Attorney Docket No. 4079-117
`Control No. 90/012,878
`Page2
`
`Amendments to the Claims
`
`Pursuant to 37 CPR 1.530 (d)(2) and (f)(2), please cancel claims 34-41 and amend claim
`
`32 as follows:
`
`32.
`
`(New/Amended) A video system, comprising:
`
`an input in communication with a communications channel;
`
`a processor configured to receive from the input a stream of detected attributes received
`
`over the communications channel, the attributes being attributes of first and second objects
`
`detected in a video, the processor configured to determine an event that is not one of the detected
`
`attributes by analyzing a combination of the received attributes and configured to provide, upon
`
`a determination of the event, at least one of an alert to a user, information for a report and an
`
`instruction for taking an action, the event being the first and second objects coming together,
`
`wherein analyzing the combination of the received attributes comprises filtering,
`
`wherein the attributes received over the communications channel are independent of the
`
`event to be determined by the processor, and
`
`wherein the processor is configured to determine the event without reprocessing the video.
`
`34-41. (Canceled)
`
`
`
`Attorney Docket No. 4079-117
`Control No. 90/012,878
`Page 3
`
`Status of Claims and Support for Requested Claim Changes
`
`Claims 1-4 and 6-44 are pending in this reexamination. Claim 5 was previously
`
`canceled. By way of this response, Patent Owner seeks to amend claim 32 and to cancel claims
`
`34-41. Support for the amendment to claim 32, which adds "the event being the first and second
`
`objects coming together," is found throughout the specifications of U.S. Patent No. 7,868,912
`
`and U.S. Patent Application No. 09/987,707 ("the '707 application"), filed on November 15,
`
`2001. See '707 application at <JI 99 (disclosing "two objects come together" as an example of "an
`
`event discriminator for multiple objects"). See also 37 C.P.R. § 1.132 Declaration of Dr.
`
`Kenneth A. Zeger Dec. ("Zeger Dec."), <JI 62.
`
`In accordance with 37 CPR 1.116(b)(1) and (2), Patent Owner respectfully submits that
`
`the requested claim amendments be entered since the amendments present the objected to claim
`
`32 in the form indicated as being allowable in the final Office Action and cancel the rejected
`
`claims 34-41. No new matter is added as a result of entry of the requested claim amendments.
`
`In accordance with 37 CPR 1.5300), none of the requested amendments enlarges the scope of the
`
`patented claims.
`
`Patent Owner respectfully requests entry of the proposed amendments.
`
`
`
`Attorney Docket No. 4079-117
`Control No. 90/012,878
`Page4
`
`Remarks
`
`In response to the Final Office Action dated March 27, 2014, Patent Owner respectfully
`
`requests reconsideration and withdrawal of the objection and rejection.
`
`I.
`
`Patentability and/or Confirmation
`
`Patent Owner wishes to thank the Examiner for the indication of the confirmation of
`
`claims 1-4 and 6-22 and that claims 23-33 and 42-44 are patentable. See Final Office Action at
`
`p. 14.
`
`II.
`
`Claim Objection
`
`The Office objected to claim 32 for "not contain[ing] the new limitation of 'first and
`
`second objects coming together"' and required "[a]ppropriate clarification and/or correction."
`
`Final Office Action at p. 12. By way of this response, claim 32 is amended to additionally recite
`
`"the event being the first and second objects coming together." Patent Owner respectfully
`
`requests entry of the amendment and withdrawal of the objection to claim 32.
`
`III.
`
`Claim Rejection
`
`The Office rejected claims 34-41 under 35 U.S.C. § 112 (pre-AlA), second paragraph, as
`
`allegedly being indefinite for failing to particularly point out and distinctly claim the subject
`
`matter which the applicant regards as the invention. Final Office Action at pp. 12-13. 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 34-41. Patent Owner
`
`respectfully requests cancellation of claims 34-41 and withdrawal of the rejection.
`
`
`
`Attorney Docket No. 4079-117
`Control No. 90/012,878
`Page 5
`
`IV.
`
`Conclusion
`
`Patent Owner respectfully requests issuance of a Notice of Intent to Issue Ex Parte
`
`Reexamination Certificate.
`
`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, mbattag:lia@ rfem.com
`
`
`
`Attorney Docket No. 4079-117
`Control No. 90/012,878
`Page 6
`
`CERTIFICATE OF SERVICE
`
`It is hereby certified that the attached Amendment and Reply has been served on the
`
`attorney of record for the Third Party Requester in the above-captioned Reexamination Request,
`
`by First Class U.S. Mail at the address listed below:
`
`Dinesh Agarwal, Esquire
`Attorney-at-Law
`5350 Shawnee Road, Suite 330
`Alexandria, VA 22312
`
`/Michael V. Battaglia/
`
`April 16,2014
`
`
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