`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box I450
`Alexandria. Virginia 22313-1450
`WWW.usplo.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO
`
`CONFIRMATION NO.
`
`95/001,914
`
`02/29/2012
`
`7,932,923
`
`l269
`
`6449
`
`7590
`
`05/23/2012
`
`ROTHWELL,FIGG,ERNST&MANBECK,P.C.
`607 14th Street, NW.
`SUITE 800
`
`HUGHES, DEANDRA M
`
`3992
`
`\
`
`05/23/2012
`
`PAPER
`
`Please find below and/0r attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`PTOL-90A (Rev. 04/07)
`
`Canon EX. 1010 Page 1 of 10
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`Canon Ex. 1010 Page 1 of 10
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`

`

`.. "
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Commissioner for Patents
`United States Patents and Trademark Office
`P.O.Box 1450
`Alexandria, VA 223134450
`www.uspto.gov
`
`DO NOT USE IN PALM PRINTER
`
`THIRD PARTY REQUESTER'S CORRESPONDENCE ADDRESS
`
`Date:
`
`\_
`
`..
`
`KENYON & KENYON LLP
`
`ONE BROADWAY
`
`NEW YORK, NY 10004
`
`'
`
`:iAY 2 3 2012
`
`“viii.
`
`-.
`
`-
`
`'1'
`
`Transmittal of Communication to Third Party Requester
`Inter Partes Reexamination
`
`REEXAMINATION CONTROL NO. : 95001914
`
`PATENT NO. : 7932923
`
`TECHNOLOGY CENTER : 3999
`
`ART UNIT : 3992
`
`Enclosed is a copy of the latest communication from the United States Patent and Trademark
`Office in the above identified Reexamination proceeding. 37 CFR 1.903.
`
`Prior to the filing of a Notice of Appeal, each time the patent owner responds to this
`communication, the third party requester of the inter partes reexamination may once file
`written comments within a period of 30 days from the date of service of the patent owner's
`response. This 30-day time period is statutory (35 U.S.C. 314(b)(2)), and, as such, it cannot
`be extended. See also 37 CFR 1.947.
`
`If an ex parte reexamination has been merged with the inter partes reexamination, no
`responsive submission by any ex parte third party requester is permitted.
`
`All correspondence relating to this inter partes reexamination proceeding should be directed
`to the Central Reexamination Unit at the mail, FAX, or hand-carry addresses given at the end
`of the communication enclosed with this transmittal.
`
`PTOL—2070(Rev.07-04)
`
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`

`

`
`
`INTER PARTES REEXAMINATION
`
`COMMUNICATION
`
`
`
`
`
`
`Control No.
`
`95/001 ,914
`Examiner
`
`Patent Under Reexamination
`
`7 9,32 923
`Art Unit
`
`DEANDRA M. HUGHES
`
`3992
`
`
`
`
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address. --
`
`
`A SHORTENED STATUTORY PERIOD FOR RESPONSE TO THIS ACTION IS SET TO EXPIRE
`-_2 MONTH(S) E] THIRTY DAYS FROM THE MAILING DATE OF THIS LETTER. EXTENSIONS
`OF TIME FOR PATENT OWNER ARE GOVERNED BY 37 CFR 1. 956.
`
`
`
`
` Each time the patent owner responds to this Office action, the third party requester of the inter partes
`
`reexamination may once file written comments within a period of 30 days from the date of service of
`
`the patent owner's response. This 30—day time period is statutory (35 U.S.C. 314(b)(2)), and, as such,
`
`it cannot be extended. See also 37 CFR 1.947.
`
`
`
`Alllcorrespondenc‘e relating to this inter partes reexamination proceeding should be directed to the
`Central Reexamination Unit at the mail, FAX, or hand-carry addresses given at the end of this Office
`action.
`
`U.S. Patent and Trademark Office
`PTOL-2071 (5/04)
`
`,
`
`'
`
`Paper No. 20120501
`
`Canon EX. 1010 Page 3 of 10
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`Canon Ex. 1010 Page 3 of 10
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`

`

`Transmittal of Communication to
`
`Control No.
`
`95/001,914
`Examiner
`
`Patent Under Reexamination
`
`7,932,923
`Art Unit
`
`DEANDRA M. HUGHES
`
`3992
`
`
`
`
`
`
`Third Party Requester
`
`. Inter Partes Reexamination
`
`
`
`
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address. --
`
`
` Enclosed is a copy of the latest communication from the United States Patent and Trademark Office
`
`
`
`
`
`
`
`
` All correspondence relating to this inter partes reexamination proceeding should be directed to the
`
`
`in the above-identified reexamination proceeding. 37 CFR 1.903.
`
`Prior to the filing of a Notice of Appeal, each time the patent owner responds to this communication,
`thethird party requester of the inter partes reexamination may once file written comments within a
`period of 30 days from the date of service of the patent owner's response. This 30-day time period is
`statutory (35 U.S.C. 314(b)(2)), and, as such, it cannot be extended. See also 37 CFR 1.947.
`
`If an ex parte reexamination has been merged with the inter partes reexamination, no responsive
`submission by any ex parte third party requester is permitted.
`
`Central Reexamination Unit at the mail, FAX, or hand—carry addresses given at the end of the
`communication enclosed with this transmittal.
`
`US. Patent and Trademark Office
`PTOL-207O (5/04)
`
`Paper No. 20120501
`
`Canon EX. 1010 Page 4 of 10
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`Canon Ex. 1010 Page 4 of 10
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`

`

`Control No.
`
`OFFICE ACTION IN INTER PARTES
`95/001,914
`Examiner
`
`REEXAMINA TION
`
`Patent Under Reexamination
`
`
`
`7,932,923
`Art Unit
`
`DEANDRA M. HUGHES
`
`3992
`
`
`
`
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address. --
`
` Responsive to the communication(s) filed by:
`
`
`
`
`RESPONSE TIMES ARE SET TO EXPIRE AS FOLLOWS:
`
`For Patent Owner’s Response:
`
`; MONTH(S) from the mailing date of this action. 37 CFR 1.945. EXTENSIONS OF TIME ARE
`
`GOVERNED BY 37 CFR 1.956.
`
`Patent Owner on
`
`Third Party(ies) on
`
`
`
`For Third Party Requester’s Comments on the Patent Owner Response:
`30 DAYS from the date of service of any patent owner's response. 37 CFR 1.947. NO EXTENSIONS
`OF TIME ARE PERMITTED. 35 use. 314(b)(2).
`
`
`
`
`
`
`All correspondence relating to this inter partes reexamination proceeding should be directed to the Central
`Reexamination Unit at the mail, FAX, or hand-carry addresses given at the end of this Office action.
`
`
`
`This action is not an Action Closing Prosecution under 37 CFR 1.949, nor is it a Right of Appeal Notice under
`37 CFR 1.953.
`
`
`
`PART I. THE FOLLOWING ATTACHMENT(S) ARE PART OF THIS ACTION:
`
`1E] Notice of References Cited by Examiner, PTO-892
`ZXI Information Disclosure Citation, PTO/SB/OB
`
`3.1]
`PART II. SUMMARY OF ACTION:
`
`1a. X Claims 1-41 are subject to reexamination.
`
`
`1b. I] Claims
`
`are not subject to reexamination.
`
`2. 1:] Claims
`
`have been canceled.
`
`3. El Claims
`
`4. E] Claims
`
`
`
`are confirmed. [Unamended patent claims]
`
`are patentable. [Amended or new claims]
`
`5. El Claims 1:41 are rejected.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`are objected to.
`[:1 Claims
`6.
`[:1 are not acceptable.
`[I are acceptable
`[:1 The drawings filed on
`7.
`8. E] The drawing correction request filed on _ is:
`[:1 approved. [3 disapproved.
`9. E] Acknowledgment is made of the claim for priority under 35 U.S.C. 119 (a)-(d). The certified copy has:
`El been received.
`[:1 not been received.
`E] been filed in Application/Control No 95001914.
`
`10. [:1 Other
`
`
`
`US. Patent and Trademark Office
`PTOL-2064 (08/06)
`
`Paper No. 20120501
`
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`

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`Control Number: 95/001,914
`
`Art Unit: 3992
`
`Page 2
`
`INTER PARTES REEXAMINATION NON-FINAL ACTION
`
`1.
`
`This is a non-final action in the inter partes reexamination of claims 1-41 of USP
`
`7,732,923. (“'923 patent”)
`
`References Cited in Request
`
`2.
`
`A total of eight references, applied alone or in Certain combinations, have been
`
`asserted in the request as providing teachings relevant to the claims of the ‘923 patent.
`
`The references are as follows:
`
`(1)
`
`(2)
`
`(3)
`
`USP 5,969,755 to Courtney issued Oct. 19, 1999. (“Courtney-US”)
`
`EP 0967584A2 to Courtney published Dec. 29, 1999. ("Courtney-EP")
`
`Courtney, Jonathan. Automatic Video Indexing via Object Motion Analysis.
`Pattern Recognition. Vol. 30. No. 4. pp. 607—625. 1997. (“Courtney-NFL”)
`
`'
`
`(4)
`
`USP 6,628,835 to Brill et al. issued Sep. 30, 2003. (“Brill”)
`
`(5)
`
`(6)
`
`(7)
`
`(8)
`
`USP 6,721,454 to Qian et al. issued Apr. 13, 2004. (“Qian”)
`
`USP 7,658,635 to Paek et al. issued Jan. 26, 2010. (“Paek”)
`
`Olson et al. Moving Object Detection and Event Recognition Algorithms
`for Smart Cameras. Proceedings of the 1997 Image Understanding -
`Workshop. pgs. 159-175. May 1997. ("Olson")
`
`Shotton et al. Object Tracking and Event Recognition in Biological
`Microscopy Videos. 5"1 lnt‘l Conf. On Pattern Recognition (ICPR2000).
`Technical Report UMA-DAC-00/26. Sept. 3-8, 2000. (“Shotton”)
`
`Claim Rejections - 35 USC § 102
`
`3.
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
`
`form the basis for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless —
`
`(b) the invention was patented or described in a printed publication in this or a foreign country or in
`public use or on sale in this country, more than one year prior to the date of application for patent in
`the United States.
`'
`
`Canon EX. 1010 Page 6 of 10
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`Control Number: 95/001,914
`
`Art Unit: 3992
`
`Page 3
`
`'
`
`4.
`
`Claims 1-7I 9-13I and 15-28 are rejected under 35 U.S.C. 102(b) as being
`
`anticipated by Courtney-US.
`
`- As to claims 1-7, the explanation of the rejection as set forth in the request (2g;
`28-32) and claim charts (Qgs. 2-15) is incorporated here by reference.
`
`- As to claims 9-13 and 15-19, the explanation of the rejection as set forth in the
`request (Qgs. 28-32) and claim charts (Qgs. 16-36) is incorporated here by
`reference.
`
`- As to claims 20-21, the explanation of the rejection as set forth in the request '
`(QgS. 28-32) and claim charts (Qgs. 37-44) is incorporated here by reference.
`
`- As to claims 22-28, the explanatidn of the rejection as set forth in the request
`(Qgs. 28-32) and claim charts (Qgs. 45-55) is incorporated here by reference.
`
`_ 5.
`
`Claims 1-7, 9-13I and 15-28 are rejected under 35 U.S.C. 102(b) as being
`
`anticipated by S'hotton.
`
`- As to claims 1-7 the explanation of the rejection as set forth in the request I(pg_.
`3_8_-42) and claim charts (Qgs 104- 11$ is incorporated here by reference.
`
`- As to claims 9-13 and 15-19, the explanation of the rejection as set forth in the
`request (QgS. 38-42) and claim charts (QgS. 117-133) is incorporated here by
`reference.
`
`- As to claims 20-21, the explanation of the rejection as set forth in the request
`(QgS. 38-42) and claim charts (Qgs. 134-142) is incorporated here by reference.
`
`- As to claims 22-28, the explanation of the rejection as set forth in the request
`(Qgs. 38-42) and claim charts (Qgs. 1 43-15 7) is incorporated here by reference.
`
`Claim Rejections - 35 USC § 103
`
`6.
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forthIn section 102 of this title if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obvious at the time the
`invention was made to a person having ordinary skillIn the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was made.
`
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`Control Number: 95/001,914
`
`Art Unit: 3992
`
`»
`
`Page 4
`
`7.
`
`Claim 14 is rejected under 35 U.S.C. 103(a) as being unpatentable over
`
`Courtney-US. The explanation of the rejection as set forth in the request (Qgs. 32-33)
`
`and claim charts M is incorporated here by reference.
`
`8.
`
`Claim 14 is rejected under 35 U.S.C. 103(a) as being unpatentable over
`
`Shotton. The explanation of the rejection as set forth in the request (Qgs. 42-43) and
`
`claim charts (Qg. 1163-1201) is incorporated here by reference.
`
`9.
`
`Claims 8 and 29-41 are rejected under 35 U.S.C. 103(a) as being unpatentable
`
`over Shotton in view of Brill.
`
`
`- As to claim 8, the explanation of the rejection as set forth in the request (gg‘s. 43-
`11) and claim charts (Qgs. 159-178) is incorporated here by reference.
`
`- As to claim 29, the explanation of the rejection as set forth in the request (QgS.
`43-51) and claim charts (Qgs. 179-198) is incorporated here by reference.
`
`- As to claims 30-41, the explanation of the rejection as set forth in the request
`(Qgs. 43-51) and claim charts (Qgs. 199-241) is incorporated here by reference.
`
`10.
`
`Claims 1-41 are rejected under 35 U.S.C. 103(a) as being unpatentable over
`
`Courtney-EP in view of Brill.
`
`- As to claims 1-7, the explanation of the rejection as set forth in the request (Qgs.
`62-63) and claim charts (Qgs. 796-846) is incorporated here by reference.
`
`
`- As to claim 8, the explanation of the rejection as set forth in the request (2g; 62-
`g) and claim charts (Qgs. 84 7-875) is incorporated here by reference.
`
`- As to claims 9-13 and 15-19, the explanation of the rejection as set forth in the
`request (Qgs. 62-63) and claim charts (Qgs. 876-935) is incorporated here by
`reference.
`
`- As to claims 20-21, the explanation of the rejection as set forth in the request
`(Qgs. 62-63) and claim charts (Qgs. 936-966) is incorporated here by reference.
`
`- As to claims 22-28, the explanation of the rejection as set forth in the request
`(Qgs. 62-63) and claim charts (ggs. 967-1020) is incorporated here by reference.
`
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`Control Number: 95/001 ,914
`
`Art Unit: 3992
`
`Page 5
`
`- As to claim 29, the explanation of the rejection as set forth in the request (Qgs.
`
`62-63) and claim charts (Qgs. 1021-1048) is incorporated here by reference.
`
`- As to claims 30-41, the explanation of the rejection as set forth in the request
`(Qgs. 62-63) and claim charts (Qgs. 1049-1107) is incorporated here by reference.
`
`Conclusion
`
`11.
`
`All correspondence relating to this inter partes reexamination proceeding should
`
`be directed:
`
`By Mail to: Mail Stop Inter Partes Reexam
`Attn: Central Reexamination Unit
`
`Commissioner for Patents
`
`United States Patent & Trademark Office
`
`P.O. Box 1450
`
`Alexandria, VA 22313-1450
`
`By FAX to:
`
`(571) 273-9900
`Central Reexamination Unit
`
`By hand:
`
`Customer Service Window
`Randolph Building
`401 Dulany Street
`Alexandria, VA 22314
`
`12.
`
`Registered users of EFS-Web may alternatively submit such correspondence via
`
`the electronic filing system EFS-Web, at:
`
`https://efs.usptogov/efile/myportal/efs—registered
`
`EFS-Web offers the benefit of quick submission to the particular area of the.
`
`Office that needs to act on the correspondence. Also, EFS-Web submissions are "soft
`
`scanned” (i.e., electronically uploaded) directly into the official file for the reexamination
`
`proceeding, which offers parties the opportunity to review the content of their
`
`submissions after the “soft scanning” process is complete.
`
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`Control Number: 95/001 ,914
`Art Unit: 3992
`
`Page 6
`
`13.
`
`Extensions of time under 37 CFR 1.136(a) will not be permitted in these
`
`proceedings because the provisions of 37 CFR 1.136 apply only to "an applicant" and
`
`not to parties in a reexamination proceeding. Additionally, 35 U.S.C. 314(c) requires
`
`that inter partes reexamination proceedings "will be conducted with special dispatch"
`
`(37 CFR 1.937). PO extensions of time in inter partes reexamination proceedings are
`
`provided for in 37 CFR 1.956. Extensions of time are not available for 3PR comments,
`
`because a comment period of 30 days from service of PO’s response is set by statute.
`
`35 U.S.C. 314(b)(3).
`
`14.
`
`The P0 is reminded of the continuing responsibility under 37 CFR 1.985(a) to
`
`apprise the Office of any litigation activity, or other concurrent proceeding, involving this
`
`patent throughout the course of this reexamination proceeding. The 3PR is also
`
`reminded of the ability to similarly apprise the Office of any such activity or proceeding
`
`throughout the course of this reexamination proceeding. See MPEP §2686 and
`
`2686.04.
`
`15.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner, or as to the status of this proceeding, should be directed to the Central
`
`Reexamination Unit at telephone number (571) 272-7705.
`
`Signed:
`
`/Deandra M. Hughes/
`Primary Examiner, AU3992
`
`/Christina Y. Leung/
`
`/Daniel J Ryman/
`Supervisory Patent Examiner, Art Unit 3992
`
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