throbber
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Control No.: Unassigned
`
`} )
`
`}
`
`)
`
`) ) )
`
`inventor:
`
`Alan J. LIPTON etai.
`
`Patent No.:
`
`7,932,923
`
`Issued:
`
`April 26, 2011
`
`Title:
`
`Filing Date:
`
`VIDEO SURVEILLANCE
`SYSTEM EMPLOYING
`VIDEO PRIMITIVES
`September 29, 2009
`
`Mail Stop Ex Parte Reexam
`Central Reexamination Unit
`Office of Patent Legal Administration
`United States Patent & Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1456
`
`ATTACHMENT TO REQUEST FOR EX PARTE REEXAMINATION (FORMPTO-
`
`
`Pursuant to the provisions of 35 U.S.C. §§ 302-307 and 37 C.F.R. § 1.510, the
`
`undersigned, on behalf of an anonymous Requester, requests ex parte reexamination of claims
`
`1-41 of U.S. Patent No. 7,932,923 (‘the ‘923 Patent”).
`
`Canon Ex. 1013 Page 1 of 96
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`Canon Ex. 1013 Page 1 of 96
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`

`

`TABLE OF CONTENTS
`
`CLAIMS FOR WHICH REEXAMINATIONIS REQUESTED............ veeticne donee se nenanivne eden i
`I.
`Il. COPY OF ‘923 PATENT PURSUANTTO 37 C.ELR. § 1.510(b)(4)....
`aevenesae
`aoe b
`il. CERTIFICATION REGARDING 35 U.S.C. § 315(e)(1) AND 35 U.S.C.§ 325(e)(1)..besesens i
`TV. PROCEEDINGS RELATED TO THE ‘923 PATENT o.o...cccccescssssscescesssseessestesesseneneseseseess i
`V. THE ‘923 PATENT AND ITS PROSECUTION 0... ccccssssecssssenenscsessseseeneeeceessseseseesesensnes 3
`VI. CITATION OF PRIOR PATENTS AND PRINTED PUBLICATIONS. ......c.c0c0unents 21
`VIL
`STATEMENTS POINTING OUT SUBSTANTIAL NEW QUESTIONS OF
`PATENTABILITY ooo ceeeeccescsnesesssescacsensesesenseeesecnssessrensssesesssenssseaenundadhavgenevaanengeanpereres 23
`A. Proposed Rejection 1: Claims 1-41 are anticipated by Day-I under
`35 U.S.C. § 10200) ec ceteeseeesecceecnseaesetensescsenaasstensnersesensasesersasnsesesansasumacnescuastesersenarenes 24
`B.
`Proposed Rejection 2: Claims 14 and 35 are unpatentable as obvious over Day-I under
`35 U.S.C. § 103 (8) oo eceeescecensceesesenesoesssaeeereassseseneaseseeseeaserenensseassseaseaadededstgnesndsdndutanenetee 29
`C.
`Proposed Rejection 3: Claims 10, 19, 31 and 41 are unpatentable as obvious ¢overDay-I
`and Brill under 35 U.S.C. § 103(8) oo. ccccccscsscssscscessscsceaesssesecsesetesecassssersesesenensecasensvenenaesesenens 31
`D. Proposed Rejection 4: Claims 11 and 32 are unpatentable as obvious in view ofDay-l
`and Day-II under 35 U.S.C. § 103 ccc:pehathepapdoanibanapdseshsdveasetharvedeespervnvaesysoyntetyaenedeasvinsensaevns 33
`E.
`ProposedRejection 5: Claims1-7,9-13, and 15.28 are‘anticipated by Courtney755
`under 35 U.S.C. § 10200)ce seseeneeesesesaeserseeseescnesseserenssssscneeasevenstesseseususssenesesecencnenecees 36
`F.
`Proposed Rejection 6: Claim 14 is unpatentable as obvious in view ofCourtney ‘755
`under 35 U.S.C. § 103(a)...
`ae
`vee 40
`G. ProposedRejection 7: ‘Claims ito7,9to13,‘and15to28aareanticipatedbyShotton et
`H. ProposedRejection 8: Claim 14 is inpatenableas obviousiinviewsofShotton ett al.
`under 35 U.S.C. § 103{a}...
`ea
`oe 46
`I.
`Proposed Rejection 9: ‘Claims 8and29to41.are>unpatentableaassobviousiin viewvofthe
`combination of Shotton et al. and Brill et al. under 35 U.S.C. § 103(a)...0ce ceeseseeteneees 47
`J.
`Proposed Rejection 10: Claims 1 to 41 are unpatentable as obvious in view of the
`combination of Courtney ‘584 and Brill et al. under 35 ULS.C. § 103 (a)... ccececeeneeeee 35
`Vi. EXPLANATION OF PERTINENCY AND MANNER OF APPLYING CITED PRIOR
`ART TO EVERY CLAIM FOR WHICH REEXAMINATIONIS REQUESTED UNDER37
`CFR § 1.510(b)(2)........... agndaduavaiengee'chchebialoienedensenierenain gs Sunesbacerishngrerniotneratogpipsrgunczersserpenenearananeseuogees 60
`
`al. under 35 U.S.C. § 102(b)........Rov dae NsaUA see auaUh dRAMAWNUA coed edhe duawad gendnsinetdavaisddndedendiericearnovies 41
`
`TX. COMMENTS ON PATENT OWNER’S AMENDMENT AND REPLY IN RELATED
`A. “CommentsOnPatent Owner’S;Remarks.arianSibunchyosivnedisteseeSeaeenelesiNasssserseveateassonesanes61
`1.
`Courtney °755 oe eecccseeenneceseneeeeetsneeneneensvagndnendnaghenendveunttenenadsenenecacndnernebengierearee OD
`2, SHON ee csseeeeeeecneceesenereneeseneeseseneeessepeneeenerenecennenernng oarereer penne nrunaeenneraenensnees 68
`3.
`Brthd ccna deere eenaen sadvaredovadnecns teashen eenen dev senearnevnensnsusnnehensusue ded svietsaavverergescenese PE
`4.
`Courtney ‘584 in view of Brith... ecsescssesesenecseseserseseaesenesansensessuesenessesesenneraran 75
`B. Comments On New Claims oo... ce cccccsececenreserteceresessnenscrersseaseaeransesesessaseetesessesanvioveran 16
`1,
`“the plurality of attributes of the object includes at least one spatial attribute”....,...... 77
`2.
`“the plurality of attributes of the object includes at color of the object”... 78
`3.
`“the plurality of attributes of the object inchides a size of the object” oo... oes78
`4.
`“the plurality ofattributes ofthe object includes at least one ofa velocity and a speed
`ofthe Object? oo... egal ee eenh ove decuarpebenavsdneareees seeavavurtdnayipsenevayarsdvanavpevenguseereepererersepeseres PO
`
`i
`
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`Canon Ex. 1013 Page 2 of 96
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`

`

`“the plurality ofattributes of the object includes a position of the object” oo 79
`5.
`“the plurality of attributes of the object includes a trajectory of the object”... 86
`6.
`“the plurality of attributes of the object includes a classification of the object” .......... 80
`7.
`“the plurality of attributes ofthe object includes a shape of the object? oo. ee 81
`8.
`“each ofthe plurality of attributes is an observable characteristic of the object”......... 81
`9.
`“computer system is application specific hardware”... cscs erences Ri
`10.
`“retrieving a new user rule that was previously specified”... cesses 82
`il.
`“the plurality of detected attributes are independent of which event is identified”... 82
`12.
`“plurality of detected attributes are selected from a group consisting ofat least one
`13.
`of a size, a shape, a color,a texture, a position, a velocity, and a speed ofthe detected
`object” 86
`14.
`“identifying the event of the object occurs in real time”...escemrneni: 86
`15.
`“storing detected attributes in a memory; wherein analyzing the detected attributes
`occurs after the detected attributes have been stored in the memory”...........006 iden 86
`16,
`“selecting user rule comprises selecting subset of the plurality of attributes for
`ANALYSIS”voce ececeeceesessesessesesescessseeesseseenenenneseeneatensorsessnsssersenesssnenenaesezessaseveneeneasqecaseseeieesesseesenene 87
`17.
`“plurality of attributes that are detected are definedin a device prior to a selection of
`a subset of the plurality of attributes” oo... eee eteeeeeneersenenerseerenesescatensssenessaseaenenenenns 87
`18.
`“no analysis is performed on at least some of the detectedattributes to detect an
`event” 87
`19.
`“plurality of attributes include plural physical attributes; new user rule applied to a
`plural numberof physical attributes”... cess neeeeeeecneceneeneseneeneneenetsneensseneeaseaseeeseeess 87
`20.
`“plurality of attributes include plural temporalattributes; new user rule applied to a
`plural numberof physical attributes”... ese seseseesteeteesnesneeneenceeeteneeesstesenesteneanenestnts 88
`21.
`“storing detected attributes in memory; identifying eventof the object by analyzing
`only a subsetof the attributes stored in MEMOTY” 0... cesses tees estes eens teeeettenees 88
`22.
`“video camera operable to obtain the Video” 0... teeters este tesessenennenenenennes 88
`23.
`“identifying first event in real time by analyzing,of the plurality ofattributes, only a
`first selected subset of the plurality of attributes” .....0..0... ceer center enenereneerenennenenens 88
`24,
`“selecting new user rule comprises analyzing,ofthe pluralityofattributes, only a
`selected subset of the plurality of attributes”oo... ete ere teeeee eens saneneeseneneenenetes 89
`25.
`“memoryis configured to store at least some ofthe attributes for at least two
`months; identifying the event by analyzing only a selected subset of the plurality of
`attributes including the attributes stored for at least two months”... eeeeeteeesveer OF
`26.
`“identifying event without reprocessing ViIdEO”«0... sess tenses tennernan O9
`27.
`“identifying event by analyzingat least two selected physical attributes of the
`plurality of attributes”0... cscsessesees eseeesneenenensesnsenseneneneatenenntenswangagraigteersenseedeadirtadie 89
`28.
`“identify event by analyzing a selection of individual ones of the detected plural
`attributes”? .-.csccecsaseeducsencsoarvsvnnspesivedpivereenesdiseussevnendestnechadead eennevinernieeneermnenmarirenarenneses OO
`29.
`“plural attributes detected are defined in video device independentof selection of the
`detected plural attributes” 0.0... tes ee reeseseneenenrnnetenesninesgenenenennanbeaverspeavseneaernsr OO
`30.
`“configured as video surveillance device”...sccm sereneenerteepennstencneene tenes 90
`31.
`F4AGO SOLGOTS” coccsssccecnereasareraeveruraeecvarerereaperdeseysysuaecdtoupsneunsnendsbeneiavarsensseeensacesssannene IO
`32.
`NewIndependent Claims... eeriecudausenguastsuensvatueyevaguensoneveavevesseseneavee 91
`
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`Canon Ex. 1013 Page 3 of 96
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`

`

`LISTING OF ATTACHMENTS
`
`Attachment A:
`
`Attachment B:
`
`Copyof US. Patent No. 7,932,923, for which reexamination is requested
`Day et al, “Object Oriented Conceptual Modeling of Video Data,” Proceedings
`
`on the Eleventh International Conference on Data Engineering, IEEE, March
`
`1995, pp. 401-408. (Day-P’)
`
`Attachment C:
`
`Dayet al., “Spatio-Temporal Modeling of Video Data for On-Line Object
`
`Oriented Query Processing,” Proceedings of the International Conference on
`
`Multimedia Computing and Systems, IREE, May 1995, pp. 98-105. (Day-If”)
`
`Attachment D:
`
`United States Patent No. 5,969,755 to Courtney (“Courtney ‘755’")
`
`Attachment E:
`
`Shotton et al., “Object Tracking and Event Recognition in Biological
`
`Microscopy Videos,” Fifth International Conference on Pattern Recognition
`
`CICPR’2000), September 2000. (“Shotton”)
`
`Attachment F:
`
`United States Patent No. 6,628,835 to Brill CBnill”)
`
`Attachment G:
`
`European Patent Application No. EP 0 967 584 to Courtney (Courtney ‘584”)
`
`Attachment H:
`
`ClaimChart - Claims 1-41 are anticipated by Day-I under 35 U.S.C. § 162(b)
`
`Attachment I: Claim Chart — Claims 14 and 35 are obvious in view of Day-I under 35 U.S.C. §
`
`103
`
`Attachment J:
`
`Claim Chart - Claims 10, 19, 31 and 41 are obvious in view Of Day-I and Brill
`
`under 35 U.S.C. § 103
`
`Attachment Kk:
`
`Claim Chart - Claims 11 and 32 are obvious in view of Day-I and Day-II
`
`Attachment L:
`
`Claim Chart ~ Claims | to 7, 9 to 13, and 15 to 28 are anticipated by Courtney
`
`‘755 under 35 U.S.C. § 102(b)
`
`Attachment M:
`
`Claim Chart — Claim 14 is obvious in view of Courtney ‘755 under 35 U.S.C. §
`
`103
`
`Attachment N:
`
`Claim Chart — Claims | to 7, 9 to 13, and 15 to 28 are anticipated by Shotton
`
`under 35 U.S.C. § 102(b)
`
`Attachment 0:
`
`Claim Chart — Claim 14 is obvious in view of Shotton under 35 U.S.C. § 103
`
`Attachment P:
`
`Claim Chart -- Claims 8 and 29 to 41 are obvious in view of Shotton and Brill
`
`under 35 ULS.C. § 103
`
`ii
`
`Canon Ex. 1013 Page 4 of 96
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`Canon Ex. 1013 Page 4 of 96
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`

`

`Attachment Q: Claim Chart — Claims | to 41 are obvious in view of Courtney ‘584 and Brill
`
`under 35 U.S.C. § 163
`
`iv
`
`Canon Ex. 1013 Page 5 of 96
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`Canon Ex. 1013 Page 5 of 96
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`

`

`I, CLAIMS FOR WHICH REEXAMINATIONIS REQUESTED
`
`Reexamination is requested of claims 1-41 of U.S. Patent No. 7,932,923 (“the ‘923
`
`Patent”).
`
`Pursuant to 37 C.F.R. § 1.510(b)(5),the attached Certificate of Service indicates that a
`
`copyof this Request, in its entirety, has been served on Patent Ownerat the following address of
`
`the attorney of record for Patent Owner, in accordance with 37 C.F.R. § 1.33(c).
`
`ROTHWELL, FIGG, ERNST & MANBECE,P.C.
`607 14th Street, N.W.
`SUITE 800
`WASHINGTON DBC 20005
`
`Also submitted herewith is the fee set forth in 37 C.F.R. § 1.20(c)(1).
`
`ll. COPY OF (923 PATENT PURSUANTTO 37 C.E.R. § 1.510(b)(4)
`
`A copyofthe entire patent is attached to this Request as Attachment A, as required by 37
`
`C.F.R. § 1.510(b)(4). Requester is not aware of any disclaimer,certificate of correction, or
`
`reexamination certificate issued with respect to the “923 Patent.
`
`Hi, CERTIFICATION REGARDING35 U.S.C. § 315(e}(1) AND 35 U.S.C. § 325(e}(G)
`
`As required by 37 C.F_R. §1.510(6)(6), Requester certifies that the statutory estoppel
`
`provisions of 35 U.S.C. 315(e)(1) or 35 U_S.C. 325(e)() do not prohibit the Requester from
`
`filing this ex parte reexamination request.
`
`TV. PROCEEDINGS RELATED TO THE ‘923 PATENT
`
`A request for inter partes reexamination of the ‘923 Patent was filed on February 29,
`
`2012, naming Bosch Security Systems, Inc., a subsidiary of Robert Bosch GMBH,as requester.
`
`On May 23, 2012, the Patent Office granted the request for inter partes reexamination. That
`
`interpartes reexamination proceeding was assigned reexamination Control No. 95/001,914 (‘the
`
`‘914 reexamination”). In the Order granting the interpartes reexamination, the Patent Office
`
`determined the following issues proposed in the request had a reasonable likelihood of prevailing
`
`(RLP):
`
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`

`Issue (A): Whether there is an RLP asto the proposed rejection of claims 1-7, 9-13, and
`15-28 as anticipated by Courtney-US (Courtney “755)
`Issue (B): Whether there is an RLP as to the proposed rejection of claim 14 as obvious
`over Courtney-US
`Issue (D): Whether there is an RLP as to the proposed rejection of claims 1-7, 9-13, and
`15-28 as anticipated by Shotton
`Issue (E): Whether there is an RLP as to the proposed rejection of claim 14 as obvious
`
`over Shotton
`Issue (F); Whether there is an RLPasto the proposed rejection of claims 8 and 29-41as
`obvious over Shotton and Brill
`Issue (1); Whether there is an RLP asto the proposed rejection of claims 1-41 as obvious
`over Courtney-EP (Courtney ‘584) and Brill
`(May23, 2012 Office Action, Reexamination Control No. 95/001,914, at p.6.)
`On December 3, 2012, the Patent Ownerfiled a “Petition to Terminate Reexamination
`Proceeding Under 35 U.S.C. § 317(b) and 37 CFR §§ 1.182, 1.907(by” in the “914
`reexamination. As groundsfor the petition, Patent Owner identified a “Stipulation and
`(Proposed) Order of Dismissal” submitted in Civil Action No. 3:llev217 (ED. Va.), styled
`ObjectVideo, Inc. v. Robert Bosch GmbH, et al! According to the petition,
`The Order stated: (1) “The parties jointly request that this Court
`dismiss all claims asserted between them, with prejudice to the
`right to pursue any such claims in the future,” (2) “The parties
`farther stipulate and request that the Court order that the Bosch
`Defendants, namely Robert Bosch GmbH and Bosch Security
`Systems, Inc., have not sustained their burden of proving invalidity
`of any of the claims 1-29 of U.S. Patent No. 6,970,083, any of the
`claims 1-37 of U.S. Patent No. 6,696,945, any of the claims 1-22
`of U.S. Patent No. 7,868,912, any of claims 1-41 of U.S. Patent
`No. 7,932,923, and any of the claims 1-20 of U.S. Patent No.
`7,613,324 and (3) “This Order is a final and non-appealable
`decision.”
`(December 3, 2012 Petition, Control No. 95/001,914, at pp. 2-3)
`
`1 The petition indicated that the action in the Eastern District ofVirginia “had been stayed in its
`entirety pending the disposition of an ITC investigation (No.337-TA-795).” (Petition at p. 1.)
`
`bo
`
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`

`The petition proceeded to allegethat,
`
`On November 13, 2012, the U.S. District Court for the Eastern
`District of Virginia signed the Order containing the above-quoted
`language. Exhibit 6 at 3 CIT IS SO ORDERED.”).
`
`(December 3, 2012 Petition, Control No. 95/001,914,at p. 3)
`
`On February 13, 2013, the Patent Office issued a Decision Granting Petition to Terminate
`
`Inter Partes Reexamination Proceeding.
`| Prior to the filing of the petition, Patent Ownerfiled an Amendment and Reply on August
`27, 2012 in the ‘914 reexamination, which had not been acted upon by the Examinerat the time
`
`the ‘914 reexamination was terminated.
`
`Y. THE ‘$23 PATENT AND ITS PROSECUTION
`
`The following summary of the ‘923 Patent and its Prosecution is incorporated herein
`
`substantially as set forth in the ‘914 reexamination request.
`
`The ‘116 application, was filed on September 29, 2009. Asoriginally filed, the ‘116
`
`application contained twenty-six claims, of which claims 1, 22, 25, and 26 were the only
`
`independent claims. Application claims 1, 22, 25, and 26 as filed are reproduced below:
`
`1. A computer-readable medium comprising software for a
`video surveillance system, comprising code segments for operating
`the video surveillance systembased on video primitives.
`
`22. A computer-readable medium comprising software for
`a video surveillance system, comprising:
`
`code segments for accessing archived video primitives; and
`
`for extracting event occurrences
`code segments
`accessed archived video primitives.
`
`from
`
`25. A method comprising the step of operating a video
`surveillance system based on video primitives.
`
`26. A method comprising the steps of:
`
`accessing archived video primitives; and
`
`extracting
`primitives.
`
`event
`
`occurrences
`
`from accessed
`
`video
`
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`

`

`According to the prosecution history ofthe ‘116 application, the applicants held an
`interview with the Examiner on November 24, 2009 and “discussed new claims 27-70.”
`(Interview Summary mailed December 2, 2009, page 1.) On December 30, 2009,the applicants
`filed a “Preliminary Amendmentand Interview Summary” cancelling original claims | to 26 and
`adding new claims 27 to 58. Ofthe newly added claims, claims 27, 36, 48, and 50 are
`independentclaims. Claims 27, 36, 48, and 50 as presented and are reproduced below:
`
`27.A method comprising:
`detecting an object in a video;
`detecting aplurality of attributes of the object by analyzing
`the video, each attribute representing a characteristic of the
`detected object,
`selecting a new user rule; and
`identifying an
`after detecting the plurality of attributes,
`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 plurality of attributes that are detected are
`independent of which eventis identified.
`
`36. A video device comprising:
`means for detecting an object in a video;
`means for detecting a pluralityof attributes of the object by
`analyzing the video, each attribute representing 4 characteristic of
`the detected object,
`a memorystoring the plurality of detected attributes; 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,
`wherein the means for identifying an event is capable of
`identifying the event independent of when the attributes are stored
`in memory.
`
`48. A method comprising:
`
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`

`

`providing 2 video device which detects an object upon
`analyzing a video and which detects plural attributes of the
`detected object upon analyzing the video; and
`then, selecting a rule, whieh is not arule used. to detect any
`individualattribute, aga new User rule, the newuser rule providing
`an analysis als combinationofthe attributes to detectan eventthat
`ig notone ofthe detected attribuies,
`wherein the attributes to be detected are independent ofthe
`event to be detected.
`
`attributes;
`
`50. 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;
`detecting a plurality of attributes of the object by analyzing
`the video, each attribute representing a characteristic of the
`detected object;
`selecting a new userrule; and
`identifying an
`after detecting the plurality of attributes,
`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
`wherein the plurality of attributes that are detected are
`independent ofwhich event is identified.
`The “Preliminary Amendment and Interview Summary” filed December 30, 2009 also
`included apurported summary oftheNovember 24, 2009 interview, reproducedbelow:
`The Applicant
`thanks Examiner Vo for his time during the
`personal interview of November 24, 2009. During the interview,
`the Applicant discussed draft claims 37-70 presented for the
`Examiner’s consideration to help expedite allowance of the
`application. Applicant discussed distinguishing features of the
`invention, and how those features were attempted to be captured
`by the draft claim language.
`(Preliminary Amendment and Interview Summary filed December
`30, 2009, page 10.)
`
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`

`Thereafter, the Examiner issued a first Office Action, mailed on June 17, 2010, and
`
`rejected claims 27 to 58 under 35 U.S.C. § 103{a) as being unpatentable over U.S. Patent No.
`
`7,653,635 (Pack et al.”) in view of U.S. Patent No. 6,721,454 (“Qian et al.”). According to the
`prosecution history of the ‘116 application, the applicants conducted a second interview with the
`
`Examiner on July 22, 2010, where the parties “[d]iscussed Qian reference and claimed
`
`limitations” with respect to claims 27 and 45. (interview Summary mailed July26, 2016, page
`tL)
`
`On October 13, 2010, the applicants filed an “Amendmentand Interview Summary”
`where independent claims 27, 36, and 50 were amended, dependent claims 35 and 58 were
`
`amended into independent form, and newclaims 59 to 70 were added. The “Amendment and
`
`Interview Summary”also included the cancellation of claims 28, 42, and 51 and the amendment
`
`of dependent claims 30, 31, 39, 53, and 54. Independent claims 27, 35, 36, 48, 50, and 59 as
`
`presented are reproduced below:
`
`27. A method comprising:
`
`detecting an object in a video;
`
`detecting a plurality of attributes ofthe object by analyzing
`the video, 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
`of 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
`userrule to the plurality of detected attributes;
`
`wherein the plurality of attributes that are detected are
`independent of which eventis identified, and
`
`wherein the step of identifying the event
`event without reprocessing the video.
`
`identifies the
`
`35. A the method ofclaim 27, further comprising:
`
`detecting first and second objects in a video;
`
`detecting a plurality of attributes of each of the detected
`first and second objects by analyzing the video, each attribute
`representing a characteristic of the respective detected object;
`
`selecting a new user rule; and
`
`6
`
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`

`

`identifvir
`plurality of attributes,
`the
`after detecting
`
`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 plurality of attributes that are detected are
`independent of which event is identified,
`
`identifying an event comprises
`wherein the step of
`identifying an event of the first object interacting with the second
`object by analyzing the detected attributes of the first and second
`objects, the event not being one of the detected attributes.
`
`36. A video device comprising:
`
`means for detecting an object in a video;
`means for detecting a plurality of attributes of the object by
`analyzing the video, each attribute representing a characteristic of
`the detected object;
`
`a memorystoring the plurality of detected attributes; and
`
`means for selecting a new user nile, the means for selecting
`a new user rule capable of selecting the 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,
`wherein the means for identifying an event is capable of
`identifying the event independent of when the attributes are stored
`in memory and is capable of identifying the event without
`reprocessing the video.
`
`48. A method comprising:
`
`providing a video device which detects an object upon
`analyzing a video and which detects plural attributes of the
`detected object upon analyzing the video; and
`then, selecting a rule, whichis not a rule used to detect any
`individual attribute, as a new user rule, the new user rule providing
`an analysis of a combination ofthe attributes to detect an event that
`is not one of the detected attributes,
`
`wherein the attributes to be detected are independent ofthe
`event to be detected.
`
`~~
`
`Canon Ex. 1013 Page 12 of 96
`
`Canon Ex. 1013 Page 12 of 96
`
`

`

`50. 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,
`detecting a plurality of attributes of the object byanalyzing
`the video, each attribute representing @ characteristic of the
`detected object;
`selecting a new user tule after detecting the plurality of
`attributes; and
`after detecting the plurality of attributes and after selecting
`the new user tule, 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
`beingidentifiedwithoutreprocessingthe-video:
`wherein the plurality of attributes that are detected are
`independent of which event is identified.
`
`
`
`
`
`starage
`5%. A the non-fransitory édmputer-readable,
`medium of-claim-50-—wherein—the-method~implemented-by-the
`goripater-systanfarther-comprises containing instructions that
`toimplementthefollowingmethodcomprising:
`|
`detecting first and second objects in a video;
`detecting a plurality of attributes of each of the detected
`first and second objects by analyzing the video, each attribute
`representing a characteristic ofthe respective detected object;
`selecting a new user rule: and
`afier_detecting the plurality¢ofattributes,idenutying an
`eventthat isnotoneofthedetectedattrbutesof thefirstand
`
`
`ls.tothepluralityaf
`second_oblectsbyapplyingthenewuserme
`detected attributes:
`whereinthepluralityofattributes that aredetected are
`independentofwhich event,isidentified,
`wherein the step of
`identifying an event comprises
`identifying an event of the first object interacting with the second
`object by analyzing the detected attributes of the first and second
`objects, the event not being one ofthe detected attributes.
`
`
`
`A
`
`59, A video device comprising:
`
`&
`
`Canon Ex. 1013 Page 13 of 96
`
`Canon Ex. 1013 Page 13 of 96
`
`

`

`meansfor detecting first and second objects in a video,
`means for detecting a plurality of attributes of the object by
`analyzing the video, each attribute representing 4 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, the event not being one of
`the detected attributes,
`wherein the means for identifying an event is capable of
`identifying the event independent ofwhen the attributes are stored
`
`in memory.
`
`Subsequently, the applicants filed an “Amendment and Interview Summary” on October
`13, 2016 that included apurported summary ofthe Fuly 22, 2016 interview, reproducedbelow:
`The Applicant
`thanks Examiner Vo for his time during the
`personal
`interview of July 22,2010. During the interview,
`the
`Applicant discussed the Office Action, the applied references to
`Paek et al. and Qian et al. While no agreement was reached
`regarding the differences of the invention, theinterviewwes still
`helpful to help focus the remaining issues with respect to the
`pending claims.
`(Amendment and Interview Summary filed
`October 13, 2010, page 14.)
`According to the prosecution history ofthe ‘116 application, the applicants conducted a
`third interview withthe Examiner onNovember 17, 2010, where “[t]he applicants discussed the
`independent claims.” (Interview SummarymailedNovember 23, 2010, page 1.) OnDecember
`2, 2010, the applicants filed a “Supplemental Amendmentand Interview Summary,” which
`included apurported summary oftheNovember 17, 2010 interview, reproducedbelow:
`The Applicant
`thanks Examiner Vo for Nis time daring the
`personal interview of November 17210 with Pattick Muir and
`Peter Venetianer. During the interview, the Examiner requested
`certain amendments to the claims for formal purposes. Claims 27,
`35, 36, 41, 43, 48, 5%, 59, 64-66 have been amended to address
`formal issues consistent with this discussion. In addition, 27, 36,
`48, and 50 have been amended to add further recitations regarding
`the recited attributes as suggested by Examiner Vo during the
`interview.
`(Supplemental Amendment and Interview Summary,
`filed December 2, 2010, page 14.)
`
`9
`
`Canon Ex. 1013 Page 14 of 96
`
`Canon Ex. 1013 Page 14 of 96
`
`

`

`en
`
`Independentclaims 27, 35, 36, 48, 59, 58, and 59 as setforthin the Supplemental
`Amendment andInterview Summary, filed December 2, 2010 arereproducedbelow:
`57. A method comprising:
`detecting an object ina video,
`detecting a plurality of attributes ofthe object by analyzing
`the video,
`thepluralityofattributesincluding2feast_prieofa
`
`physicalattribute and 8 temporal attribute. each attributebeeae ED
`representing4 characteristic ofthe detected object,
`selecting a new user rule after detecting the plurality of
`attributes; and
`after detecting the plurality of attributes and after selecting
`of 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 plurality of attributes that are detected are
`independent ofwhich eventis identified, and
`wherein the step of identifying the event of the object
`identifies the event without reprocessing the video.
`
`pace
`
`35, Amethod comprising:
`detecting first and gecond objects ina video;
`detecting & plurality of attributes of each of the detected
`first and second abjects by analyzing the video, each attribute
`representing 2 characteristic oftheragpoctive detected object;
`selecting a new user rule; and
`after detecting the plurality of attributes,
`identifying 8”
`event that is not one of the detected attributes of the first and
`second objects by applying the new usef mie to the plurality of
`detected atiributes,
`wherein the plurality of attributes that are detected are
`independent ofwhich event is identified,
`wherein the step af identifying 80 event oftheabject
`comprisesjdentifyingax afirstevent afthefirst object gateracling
`with the second object by analyzing thedetected aitributes ofthe
`first and seoand abjecis,
`the first event not hehig ons af the
`
`detected attributes.
`
`19
`
`Canon Ex. 1013 Page 15 of 96
`
`Canon Ex. 1013 Page 15 of 96
`
`

`

`36. A video device comprising:
`means for detecting an object in a video;
`meansfor detecting a plurality ofattributes of the object by
`analyzing the video, thepluralityofattributesincludingalJeasta
`physicalattribuieandatemporalattribute,
`each attribute
`representing a characteristic of the detected object;
`a memorystoring the plurality of detected attributes;
`means for selecting a new user rule-the-seans-tor pelos:
`
`a-new-user-rile-capable-ofselectingthe-fewuserFile after the
`plorality ofdetectedaitribuies arestoredin memory, and
`means for identifying an event afthe object that is not one
`afthe detestedattribstes ofthe abject by applyinga selerted new
`user rule to the plurality of aifributes Stored in memory, whereas
`the-means-forident ‘ying-an-evert-ie-eapable-ofLr identifying the
`event independent ofwhenthe attributes are stared in memory and
`is eapable-of for identifying the event without reprocessing the
`
`
`
`video.
`
`48. A method comprising:
`providing a video device which detects an object upon
`analyzing a video and which detects plural attritutes of the
`detected object upon analyzing the video, ihepluralityofattributes
`cncludingatleastaphysicalattributeandatemporalattribute, and
`then, selecting a rule, which is not a rule used to detect any
`individualattribute, as a new USeT rule, the new user rule providing
`an analysis of a combination ofthe attributes to detect an event that
`is not one of the detected attributes,
`wherein the attributes to be detected are independent of the
`event to be detected.
`
`59, A non-transitory computer-readable storage medium
`containing instruction

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