`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.usptlo.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATIONNO.
`
`95/001,914
`
`02/29/2012
`
`7,932,923
`
`1269
`
`6449
`7590
`05/23/2012
`ROTHWELL, FIGG, ERNST & MANBECK,P.C.
`607 14th Street, N.W.
`SUITE 800
`WASHINGTON, DC 20005
`
`HUGHES, DEANDRA M
`
`3992
`
`MAIL DATE
`
`05/23/2012
`
`PAPER NUMBER
`
`DELIVERY MODE
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The timeperiod 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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`

`

`
`
`SM, UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Commissionerfor Patents
`United States Patents and Trademark Office
`P.O.Box 1450
`Alexandria, VA 22313-1450
`www.uspto. gov
`
`DO NOT USE IN PALM PRINTER
`
`THIRD PARTY REQUESTER'S CORRESPONDENCE ADDRESS
`KENYON & KENYON LLP
`ONE BROADWAY
`NEW YORK, NY 10004
`
`Date:
`
`Lo
`
`SAY 23 2012
`ne
`‘wt.
`
`T
`
`Transmittal of Communication to Third Party Requester
`Inter Partes Reexamination
`
`REEXAMINATION CONTROLNO. : 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 oncefile
`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 correspondencerelating 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)
`
`Canon Ex. 1010 Page 2 of 10
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`

`

`
`INTER PARTES REEXAMINATION
`COMMUNICATION
`
`
`
`Control No.
`
`Patent Under Reexamination
`
`95/001,914
`Examiner
`
`7,932,923
`Art Unit
`
`
`
`
`
`
`
`
`
`
`A SHORTENED STATUTORY PERIOD FOR RESPONSE TO THIS ACTION IS SET TO EXPIRE
`[_] THIRTY DAYS FROM THE MAILING DATE OF THIS LETTER. EXTENSIONS
`2 MONTH(S)
`
`
`OF TIME FOR PATENT OWNER ARE GOVERNED BY37 CFR 1.956.
`
`
` Eachtime the patent ownerrespondsto this Office action, the third party requesterof the inter partes
`reexamination may oncefile 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.
` All correspondence relating to this inter partes reexamination proceeding should be directed to the
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address.--
`
`DEANDRA M. HUGHES
`
`3992
`
`Central Reexamination Unit at the mail, FAX, or hand-carry addressesgivenat 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
`
`

`

`Control No.
`
`95/001,914
`Examiner
`
`DEANDRA M. HUGHES
`
`Patent Under Reexamination
`
`7,932,923
`Art Unit
`
`in the above-identified reexamination proceeding. 37 CFR 1.903.
`
`
`
`Prior to thefiling of a Notice of Appeal, each time the patent owner responds to this communication,
`the third party requester of the inter partes reexamination mayoncefile 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
`
`
`
`
`
`
`
`
`Transmittal of Communication to
`
`Third Party Requester
`_Inter Partes Reexamination
`
`
`
`3992
`
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondenceaddress.--
`
`
`
` Enclosedis a copyof the latest communication from the United States Patent and Trademark Office
`
`
`
`
`
`
`
`
`submission by any ex parte third party requester is permitted. All correspondencerelating to this inter partes reexamination proceeding should be directed to the
`
`
`Central Reexamination Unit at the mail, FAX, or hand-carry addressesgiven at the end of the
`communication enclosed with this transmittal.
`
`U.S. Patent and Trademark Office
`PTOL-2070 (5/04)
`
`Paper No. 20120501
`
`Canon Ex. 1010 Page 4 of 10
`
`Canon Ex. 1010 Page 4 of 10
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`

`

`REEXAMINATION
`
`
`
`Control No.
`
`95/001,914
`Examiner
`
`Patent Under Reexamination
`
`7,932,923
`Art Unit
`
`DEANDRA M. HUGHES
`
`3992
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address.--
`
`
`
`
`
`All correspondencerelating 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 ofthis Office action.
`
`This action is not an Action Closing Prosecution under 37 CFR 1.949, noris it a Right of Appeal Notice under
`37 CFR 1.953.
`;
`
`
` OFFICE ACTION IN INTER PARTES
`
`
`
`
`Responsive to the communication(s)filed by:
`Patent Owner on
`
`
`
`Third Party(ies) on
`
`
`RESPONSE TIMES ARE SET TO EXPIRE AS FOLLOWS:
`
`For Patent Owner's Response:
`
`2 MONTH(S)from the mailing date of this action. 37 CFR 1.945. EXTENSIONS OF TIME ARE
`
`
`
`GOVERNED BY37 CFR 1.956.
`For Third Party Requester's Comments on the Patent Owner Response:
`30 DAYSfrom the date of service of any patent owner's response. 37 CFR 1.947. NO EXTENSIONS
`OF TIME ARE PERMITTED. 35 U.S.C. 314(b)(2).
`
`
`
`
`
`PART |. THE FOLLOWING ATTACHMENT(S) ARE PART OF THIS ACTION:
`
`
`1.] Notice of References Cited by Examiner, PTO-892
`oe Information Disclosure Citation, PTO/SB/08
`
`OONAAARWw [] The drawing correction requestfiled on
`
`
`
`
`
`
`
`
`
`
`
`
`3.
`PART Il. SUMMARYOF ACTION:
`
`1a. X] Claims 1-41 are subject to reexamination.
`
`1b. (_] Claims
`are not subject to reexamination.
`2. L] Claims
`have been canceled.
`[_] Claims
`are confirmed. [Unamendedpatentclaims]
`L] Claims
`are patentable. [Amended or newclaims]
`[XX] Claims 1-41 are rejected.
`
`L] Claims
`are objected to.
`
`(J The drawingsfiled on
`
`
`
`_[_] are not acceptable.
`[] are acceptable
`is:
`[_] approved.
`[_] disapproved.
`[_] Acknowledgmentis made of the claim for priority under 35 U.S.C. 119 (a)-(d). The certified copy has:
`_] been received.
`[_] not been received.
`(_] beenfiled in Application/Control No 95001914.
`10. _] Other
`
`
`
`
`
`
`
`
`
`
`U.S. Patent and Trademark Office
`PTOL-2064 (08/06)
`
`Paper No. 20120501
`
`Canon Ex. 1010 Page 5 of 10
`
`Canon Ex. 1010 Page 5 of 10
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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 orin 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-NPL’)
`
`(4)
`
`USP 6,628,835to Brill et al. issued Sep. 30, 2003. (“Brill”)
`
`(S)
`
`(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 iin Biological
`Microscopy Videos. 5" Int'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 underthis section madein this Office action:
`
`A personshall be entitled to a patent unless —
`
`(b) the invention was patented or describedin a printed publication in this or a foreign country or in
`public use or on sale in this country, more than oneyearprior 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 1-7, 9-13, 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 (pgs.
`28-32) and claim charts (pgs. 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(pgs. 28-32) and claim charts (pgs. 16-36) is incorporated here by
`reference.
`
`Asto claims 20-21, the explanation of the rejection as set forth in the request .
`(pgs. 28-32) and claim charts (pgs. 37-44) is incorporated here by reference.
`
`As to claims 22-28, the explanation of the rejection as set forth in the request
`(pgs. 28-32) and claim charts (pgs. 45-55) is incorporated here by reference.
`
`8.
`
`Claims 1-7, 9-13, and 15-28 are rejected under 35 U.S.C. 102(b) as being
`
`anticipated by Shotton.
`
`As to claims 1-7, the explanation of the rejection as set forth in the request (pgs.
`38-42) and claim charts (pgs. 104-116) is incorporated here by reference.
`
`As to claims 9-13 and 15-19, the explanation of the rejection as set forth in the
`request (pgs. 38-42) and claim charts (pgs. // 7-133) is incorporated here by
`reference.
`
`As to claims 20-21, the explanation of the rejection as set forth in the request
`(pgs. 38-42) and claim charts (pgs. 134-142) is incorporated here by reference.
`
`As to claims 22-28, the explanation of the rejection as set forth in the request
`(pgs. 38-42) and claim charts (pgs. 143-157) is incorporated here by reference.
`
`Claim Rejections - 35 USC § 103
`
`6.
`
`The following is a quotation of 35 U.S.C. 103(a) which formsthe basisforall
`
`obviousnessrejections set forth in this Office action:
`
`(a) A patent may not be obtained thoughtheinvention is not identically disclosed or described as set
`forth in section 102 ofthistitle, if the differences between the subject matter sought to be patented and
`the prior art are suchthat the subject matter as a whole would have been obviousatthe time the
`invention was made to a person having ordinary skill in the art to which said subject matterpertains.
`Patentability shall not be negatived by the mannerin 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 (pgs. 32-33)
`
`
`
`and claim charts(pg.56) 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 (pgs. 42-43) and
`
`claim charts (pg. 1763-1201) 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.
`
`
`- Astoclaim 8, the explanation of the rejection as set forth in the request (pgs. 43-
`51) and claim charts (pgs. 159-178) is incorporated here by reference.
`
`- As to claim 29, the explanation of the rejection as set forth in the request (pgs.
`43-51) and claim charts (pgs. 179-198) is incorporated here by reference.
`
`- As to claims 30-41, the explanation of the rejection as set forth in the request
`(pgs. 43-51) and claim charts (pgs. 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.
`
`- Astoclaims 1-7, the explanation of the rejection as set forth in the request (pgs.
`62-63) and claim charts (pgs. 796-846) is incorporated here by reference.
`
`
`- As to claim 8, the explanation of the rejection as set forth in the request (pgs. 62-
`63) and claim charts (pgs. 847-875) is incorporated here by reference.
`
`- As to claims 9-13 and 15-19, the explanation of the rejection as set forth in the
`request (pgs. 62-63) and claim charts (pgs. 876-935) is incorporated here by
`reference.
`
`- As to claims 20-21, the explanation of the rejection as set forth in the request
`(pgs. 62-63) and claim charts (pgs. 936-966) is incorporated here by reference.
`
`- As to claims 22-28, the explanation of the rejection as set forth in the request
`(pgs. 62-63) and claim charts (pgs. 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(pgs.
`62-63) and claim charts (pgs. 1021-1048) is incorporated here by reference.
`
`- As to claims 30-41, the explanation of the rejection as set forth in the request
`(pgs. 62-63) and claim charts (pgs. 1049-1107) is incorporated here by reference.
`
`Conclusion
`
`11.
`
`All correspondencerelating to this inter partes reexamination proceeding should
`
`be directed:
`
`By Mail to: Mail Stop /nter 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:
`
`By hand:
`
`(571) 273-9900
`Central Reexamination Unit
`Customer Service Window
`Randolph Building
`401 Dulany Street
`Alexandria, VA 22314
`
`12.
`
`Registered users of EFS-Web mayalternatively submit such correspondence via
`
`the electronicfiling system EFS-Web, at:
`
`https://efs.uspto.gov/efile/myportal/efs-registered
`
`EFS-Weboffers the benefit of quick submission to the particular area ofthe.
`
`Office that needs to act on the correspondence. Also, EFS-Web submissionsare “soft
`
`scanned” (i.e., electronically uploaded) directly into the official file for the reexamination
`
`proceeding, whichoffers parties the opportunity to review the contentof their
`
`submissionsafter the “soft scanning” processis 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 becausethe 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 extensionsof time in inter partes reexamination proceedings are
`
`provided for in 37 CFR 1.956. Extensionsof time are not available for 3PR comments,
`
`because a commentperiod of 30 days from service of PO’s responseis set by statute.
`
`35 U.S.C. 314(b)(3).
`
`14.
`
`The POis reminded of the continuing responsibility under 37 CFR 1.985(a) to
`
`apprise the Office of anylitigation 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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