`
`Control No.
`Patent No.
`Filed
`Customer No.
`
`=: 90/012,878
`: 7,868,912
`: May 24, 2013
`: 06449
`
`Art Unit
`Examiner
`Conf. No.
`Atty. No.
`
`: 3992
`: Adam L. Basehoar
`: 3806
`: 4079-117
`
`Title: VIDEO SURVEILLANCE SYSTEM EMPLOYING VIDEO PRIMITIVES
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`Mail Stop Ex Parte Reexam
`Central Reexamination Unit
`Commissioner for Patents
`United States Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`AMENDMENT AND REPLY
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`This Amendment and Reply (“Reply”) is in response to the Final Office Action dated
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`March 27, 2014.
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`Amendments to the Claims begin on page 2 of this paper.
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`A Listing of the Status of Claims and Support for Requested Claim Changes begins on
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`page 3 of this paper.
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`Remarks begin on page 4 of this paper.
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`Attorney Docket No. 4079-117
`Control No. 90/012,878
`Page 2
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`Amendments to the Claims
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`Pursuant to 37 CFR 1.530 (d)(2) and (f)(2), please cancel claims 34-41 and amend claim
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`32 as follows:
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`32.
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`(New/Amended) A video system, comprising:
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`an input in communication with a communications channel;
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`a processor configured to receive from the input a stream of detected attributes received
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`over the communications channel, the attributes being attributes of first and second objects
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`detected in a video, the processor configured to determine an eventthat is not one of the detected
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`attributes by analyzing a combination of the received attributes and configured to provide, upon
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`a determination of the event, at least one of an alert to a user, information for a report and an
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`instruction for taking an action, the event being the first and second objects coming together,
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`wherein analyzing the combination of the received attributes comprisesfiltering,
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`wherein the attributes received over the communications channel are independentof the
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`event to be determined by the processor, and
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`wherein the processor is configured to determine the event without reprocessing the video.
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`34-41. (Canceled)
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`Attorney Docket No. 4079-117
`Control No. 90/012,878
`Page 3
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`Status of Claims and Support for Requested Claim Changes
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`Claims 1-4 and 6-44 are pending in this reexamination. Claim 5 waspreviously
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`canceled. By way ofthis response, Patent Owner seeks to amend claim 32 and to cancel claims
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`34-41. Support for the amendmentto claim 32, which adds “the event being the first and second
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`objects coming together,” is found throughout the specifications of U.S. Patent No. 7,868,912
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`and U.S. Patent Application No. 09/987,707 (“the ‘707 application’), filed on November15,
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`2001. See ‘707 application at { 99 (disclosing “two objects come together’ as an example of “an
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`event discriminator for multiple objects’). See also 37 C.ER. § 1.132 Declaration of Dr.
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`Kenneth A. Zeger Dec. (“Zeger Dec.”), { 62.
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`In accordance with 37 CFR 1.116(b)(1) and (2), Patent Owner respectfully submits that
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`the requested claim amendments be entered since the amendmentspresent the objected to claim
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`32 in the form indicated as being allowable in the final Office Action and cancel the rejected
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`claims 34-41. No new matter is added as a result of entry of the requested claim amendments.
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`In accordance with 37 CFR 1.530(), none of the requested amendments enlarges the scope of the
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`patented claims.
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`Patent Owner respectfully requests entry of the proposed amendments.
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`Attorney Docket No. 4079-117
`Control No. 90/012,878
`Page 4
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`Remarks
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`In response to the Final Office Action dated March 27, 2014, Patent Ownerrespectfully
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`requests reconsideration and withdrawal of the objection and rejection.
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`I.
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`Patentability and/or Confirmation
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`Patent Ownerwishes to thank the Examinerfor the indication of the confirmation of
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`claims 1-4 and 6-22 and that claims 23-33 and 42-44 are patentable. See Final Office Action at
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`p. 14.
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`Il.
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`Claim Objection
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`The Office objected to claim 32 for “not contain[ing] the new limitation of‘first and
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`second objects coming together’” and required “[a]ppropriate clarification and/or correction.”
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`Final Office Action at p. 12. By wayofthis response, claim 32 is amendedto additionally recite
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`“the event being the first and second objects coming together.” Patent Ownerrespectfully
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`requests entry of the amendment and withdrawal of the objection to claim 32.
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`Til.
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`Claim Rejection
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`The Office rejected claims 34-41 under 35 U.S.C. § 112 (pre-AIA), second paragraph,as
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`allegedly being indefinite for failing to particularly point out and distinctly claim the subject
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`matter which the applicant regards as the invention. Final Office Action at pp. 12-13. In orderto
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`expedite reexamination and without acquiescing to the Office’s position, Patent Owner, by way
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`of this response, is cancelling without prejudice or disclaimer claims 34-41. Patent Owner
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`respectfully requests cancellation of claims 34-41 and withdrawalof the rejection.
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`Attorney Docket No. 4079-117
`Control No. 90/012,878
`Page 5
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`IV.
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`Conclusion
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`Patent Owner respectfully requests issuance of a Notice of Intent to Issue Ex Parte
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`Reexamination Certificate.
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`Respectfully submitted,
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`ObjectVideo, Inc.
`
`/Martin M, Zoltick/
`NancyJ. Linck
`Reg. No. 31,920
`Martin M. Zoltick
`Reg. No. 35,745
`Michael V. Battaglia
`Reg. No. 64,932
`
`April 16, 2014
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`ROTHWELL, FIGG, ERNST & MANBECK, PC
`607 14" Street, NW
`Suite 800
`Washington, DC 20005
`TEL: (202) 783-6040
`FAX: (202) 783-6031
`E-MAIL:niinck @rfem.com, mzoltick @rfem.com, mbattagha @rfem.com
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`Attorney Docket No. 4079-117
`Control No. 90/012,878
`Page 6
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`CERTIFICATE OF SERVICE
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`It is hereby certified that the attached Amendmentand Reply has been served on the
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`attorney of record for the Third Party Requester in the above-captioned Reexamination Request,
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`by First Class U.S. Mail at the address listed below:
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`Dinesh Agarwal, Esquire
`Attorney-at-Law
`5350 Shawnee Road, Suite 330
`Alexandria, VA 22312
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`/Michael V. Battaglia/
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`April 16, 2014
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