Case 6:21-cv-00755-ADA Document 45-13 Filed 02/28/22 Page 1 of 39
`
` Exhibit 13
`
`

`

`Case 6:21-cv-00755-ADA Document 45-13 Filed 02/28/22 Page 2 of 39
`At r
`.Dcid, :t: NO:: 09970-0(.fl4001.
`
`IN THEUNITEI):STAT.ES .PATENT AND TRAPEMARK. OFFICE
`
`.Eric FOkitin..et
`Applic&it
`Art :Unit
`SeriA No. 1.11543,008.
`Examiner
`Filed
`Cord'. No., 5969
`00164er. 4,..2006
`Title
`TRACKING .OBJECTS WITH MARKERS
`
`2674
`
`Brooks
`
`M ail Stop /km en dinent
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`AMEN WENT IN REPL\
`
`- . 1.2, 2010.
`
`'Please amend the. :above-identilied applicadon as follows:
`
`131.-6T ('LASS
`MAILING
`C RI-If:K.70f.:
`haraisy
`&ay.-R-7 37 CFR §i.8(3), I
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`GNTX0000180
`
`

`

`Case 6:21-cv-00755-ADA Document 45-13 Filed 02/28/22 Page 3 of 39
`Erie Foxiin et at
`Applicata
`Attorney's Docket No.; 09970-0014001
`Serial No. 11543,008
`Filed
`October 4, 2006
`Page
`7 of 10
`
`REMARKS
`
`Claims 1-24 are currently pending in the application. Claims 4-6 have been cancelled.
`The claims have been amended to more clearly point out certain aspects of the claimed
`inventions. New claims 43-46 have been added. No new matter has been added.
`Claims 1-24 stand rejected under 35 U.S.C. 101 as not falling within one of the four
`statutory categories of invention. Applicants do not concede that the claims as originally drafted
`fail to satisfy the requirements o135 U.S.C. 101. However to expedite prosecution, claim 1 has
`been miended to recite "obtaining a camera image, from a camera having a variable orientation,
`of an object having a variable orientation , and processing said camera image in a data
`
`processor" and "generating one or more signals representative of the location and azimuth of the
`
`objecC The method of the claims as amended. does not cover methods that would be performed
`
`entirely manually or mentally by a human being. Applicants submit that the claims as amended
`
`therefore satisfy the requirements of 35 U.S.C. 101 and respectfully request that the rejection on
`that basis be withdrawn.
`
`Claims 13 and 14 stand rejected under 35 U.S,C, 112, second paragraph as being
`indefinite. because of allei,ted lack of antecedent basis for the limitation the line containing the
`
`two points," Claims 13 and 14 have been amended to recite "the line defined by the two points."
`Applicants submit that there is antecedent basis for "the two points" in claim 1. Applicants
`further submit that as a matter of mathematics, any two points in an image will define a simile,
`unique, line. For that reason, the limitation "the line defined by the two points" is not indefinite.
`For this reason, applicants respectfully request -that the rejection under 35 U.S,C. 112, second
`paragraph be withdrawn.
`
`Claims 140, 1345 and 16 stand rejected under 35 U.S.C. 102 as anticipated by Satoh et
`al, Claims 1142 stand rejected under 35 USX!. 103(a) as unpatentable over Satoh et al., and
`Yogi. Claims 17-24 stand rejected under 35 U,S,C. 103(a) as unpatentable over Satoh et al., and
`Yagi. Applicants submit that Satoh does not disclose, teach or suggest claims 1-3 or 7-24 as
`amended. In particular, claim 1 has been amended to recite "obtaining a. camera image, from a
`camera having a variable orientation, of an object having a variable orientation," and computing
`
`G NTX00001 81
`
`

`

`Case 6:21-cv-00755-ADA Document 45-13 Filed 02/28/22 Page 4 of 39
`Applicant : Eric Fox lin et a
`Attorney*st)ocket No:: 099.70:--001400€
`Serial No, : 1/543,008
`: October 4, 2006
`Filed
`Page
`: 8 of I ()
`
`the spatial location and azimuth of an object from, among other data,. "information about an
`orientation of said camera, and information about an orientation of the object.," which is not
`disclosed taught or suggested by Satoh et at
`in rejecting (now cancelled) claim 6, the, examiner stated that "Satoh discloses 'further
`comprising using information from a second inertial sensor measuring orientation of said camera
`to compute said spatial location and azimuth of said object.' (Page 4, paragraph 0037, second
`inertial sensor corresponds to Satoh's acceleration sensors)," Applicants respectally disagree
`The "acceleration sensors" described in Satoh's paragraph 0037 are part of orientation sensor 14,
`which is "mounted on the targeted object 13." Thus the acceleration sensors in Satoh do not
`"measure the orientation of said camera," as recited in cancelled claim 6, Similarly, Satoh does
`not disclose "information from an inertial sensor measuring orientation of said camera" as
`recited in amended claim 1.
`
`Because claims 2-3, and 7-24 all depend from amended claim 1, they are patentable for at
`least the same reasons recited above.
`
`New claim 43 recites a method comprising obtaining a camera image from a camera, and
`processing said camera image in a data processor by computing the spatial location and azimuth
`of an object from the locations, in said camera image, of exactly two points on the object, and
`infetmation about an orientation of the object, and generating one or more signals representative
`of the location and azimuth of the obiect, wherein computing the azimuth of the object comprises
`receiving coordinate information for images, on an imaging device of a camera, of two points on
`an object, receiving pitch information from a sensor on the object, using the coordinate
`information and the pitch information to obtain candidate values for the azimuth of the object,
`selecting one azimuth value based on an evaluation of the candidate azimuth values in equations
`relating the coordinate information and pitch information to distances of the points from the
`camera. it is submitted that the recited method of claim 43 is not disclosed or suggested by any
`of the art of record, and is patentable for that reason,
`
`New claim 44 recites a method comprising obtaining bearing angle data for points on an
`object from a bearing-angle sensor, and processing said bearing angle data in i data processor by
`
`G NTX00001 82
`
`

`

`Case 6:21-cv-00755-ADA Document 45-13 Filed 02/28/22 Page 5 of 39
`Applicant
`Erie Foxlin
`Attorney's Docket No.: 09970-0014(301
`Serial No. 11/543,008
`Filed
`: October 4, 2006
`Pain
`9 0110
`
`computing the spatial location and azimuth of the object from bearing angle data for exactly two
`points on the object and information about an orientation of the object, and generating one or
`more signals representative of the location and azimuth of the object, wherein the bearing-angle
`sensor is selected from the group consisting of a quadcell, a lateral-etiect photodiode, a position
`sensitive device (ND), a projection sensor, or a laser-scanner. It is submitted that the recited
`method of claim 44 is not disclosed or suggested by any of the art of record, and is patentable for
`that reason.
`
`New claims 45 and 46 depend from claim 44 and are patentable for at least the same
`reasons as claim 44.
`
`For the foregoing reasons, Applicants submit that claims are patentable over the art of
`record, and respectfully request that aforementioned rejections of claims 1-3 and 7-24 be
`withdrawn, and that all of the pending claims be allowed.
`
`All of the dependent claims are patentable for at least similar reasons as those for the
`
`claims on which they depend are patentable.
`
`Canceled claims, if any, have been canceled without prejudice or disclaimer.
`Any circumstance in which the applicant has (a) addressed certain comments of the
`examiner does not mean that the applicant concedes other comments of the examiner, (b) made
`arguments for the patentability of some claims does not mean that there are not other good
`reasons for patentability of those claims and other claims, or (c) amended or canceled a claim
`does not mean that the applicant concedes any of the examiner's positions with respect to that
`claim or other Claims,
`
`The fee in the amount of $555 for the Petition for Extension of Time fee is being paid on
`the ele.ctronic filing SyS tem by way of deposit account authorization. Please apply any other
`charges or credits to deposit account 06-1050, referencing attorney docket 09970-0014001.
`
`G NTX00001 83
`
`

`

`Case 6:21-cv-00755-ADA Document 45-13 Filed 02/28/22 Page 6 of 39
`Eric Fox,lin el
`Applicant
`Atorneyss Docket No.: 09970-0014001
`Serial No, ; 11/543,008
`Filed
`October 4, 20-06
`10 of 10
`Page
`
`Respectilbily..Siibmitted„.
`
`".$
`
`Lawrence
`olodnev
`4$,807
`
`Date:
`
`Customer NUMber 26161
`Fish & Richardson P,C,
``roilephorie: 16171542-5070
`Facsimile: (877) 769-7945
`
`226.1 98 5 S,
`
`GNTX00001 84
`
`

`

`Case 6:21-cv-00755-ADA Document 45-13 Filed 02/28/22 Page 7 of 39
`..Attorrwy Enxke No 09970-00i 400.i.
`
`
`
`IN THE -UNITED .STATES PATENTHANI) TRADEMARK..0IWE
`
`
`
`Applicant :. Eric Foxliin et. al,
`:: 2.(.5.24.
`Art Urtil.,:
`Examiner.. ..: .hilian a Brooks
`Serial No. : 11/54-3,00g
`Conf. NO,. ..., 5969
`Filed
`.: October .4, .2006
`Title
`:. ..TRAC1QN(30R,TECTS. WITH MARKERS
`
`Mail Stop .Ainentimini t
`Commissioner for. Patents
`P ,0„ Box: .145 0.
`Alexandria, VA..r313-4450
`
`PETIT1ON.FOR TFITZITHVONTII. A
`
`, NILIZSJ2D
`
`Please extend the period for response to the action dated November 12, 2010, for three
`
`months to and including May 12, 201 1.
`
`The fee in the amount of $555 for the Petition for Extension of Time is being. paid on the
`
`electronic tiling system by way of deposit aCcount mithorization. Please apply any other charges
`or credits to deposit account 06-1050, referencing attorney docket 0997(3-0014001.
`
`Respectfully submitted,
`
`1..a*tenepAt',..Koiod
`Reg.
`
`v-
`
`Date::
`
`• , '
`
`,
`
`.
`
`I „
`
`Customer Number 26161
`Fish & Richardson RC,
`Telephone: (617) 542-5070
`Facsimi1e: (877) 769-7945
`
`19g77 doo
`
`CER'Filr•fCATI--; or (10stt.0 .NO BY F S'1' eASS MAB. OR(S) TRANSM fSS ION
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`Typ.A 0.r 1>siutcd:Nai;.w.of Nrsoi3.Sj.gf$iag
`
`GNTX00001 92
`
`

`

`Case 6:21-cv-00755-ADA Document 45-13 Filed 02/28/22 Page 8 of 39
`
`PTO/SB/06 (07-06)
`Approved for use through 1/31/2007. OMB 0651-0032
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`U nder the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`PATENT APPLICATION FEE DETERMINATION RECORD
`Application or Docket Number
`Filing Date
`1 1/543,008
`1 0/04/2006 0 To be Mailed
`Substitute for Form PTO-875
`
`APPLICATION AS FILED — PART I
`
`(Column 1)
`
`(Column 2)
`
`SMALL ENTITY
`
`OR
`
`FOR
`
`N UMBER FILED
`
`NUMBER EXTRA
`
`OTHER THAN
`SMALL ENTITY
`
`RATE ($)+
`
`FEE ($)
`
`O BASIC FEE
`(37 CFR 1.16(a), (b), or (c))
`
`O SEARCH FEE
`(37 CFR 1.16(k), (i), or (m))
`
`O EXAMINATION FEE
`(37 CFR 1.16(o), (p), or (q))
`TOTAL CLAIMS
`(37 CFR 1.16W)
`I NDEPENDENT CLAIMS
`(37 CFR 1 .16(h))
`
`0APPLICATION SIZE FEE
`(37 CFR 1 .16(s))
`
`N/A
`
`N/A
`
`N/A
`
`N/A
`
`N/A
`
`N/A
`
`minus 20 = *
`
`minus 3 =
`
`If the specification and drawings exceed 100
`sheets of paper, the application size fee due
`is $250 ($125 for small entity) for each
`additional 50 sheets or fraction thereof. See
`35 U.S.C. 41(a)(1)(G) and 37 CFR 1.16(s).
`
`N/A 4_
`
`N/A
`
`N/A
`
`OR
`
`X $
`
`X $
`
`O MULTIPLE DEPENDENT CLAIM PRESENT (37 CFR 1.16(j))
`
`" If the difference in column 1 is less than zero, enter "D in column 2.
`
`TOTAL
`
`APPLICATION AS AMENDED — PART I I
`
`(Column 2)
`
`HIGHEST
`NUMBER
`PREVIOUSLY
`
`(Column 3)
`
`SMALL ENTITY
`
`OR
`
`OTHER THAN
`SMALL ENTITY
`
`PRESENT
`EXTRA
`
`RATE ($)
`
`ADDITIONAL
`FEE ($)
`
`RATE ($)
`
`ADDITIONAL
`FEE ($)
`
`(Column 1)
`
`CLAIMS
`REMAINING
`05/03/2011 AFTER
`
`Total (37 CFR
`
`
`1 .I6(i))
`Independent
`(37 CFR 1.16(h))
`
`I - 25
`3
`
`AMENDMENT H PAID FOR I
`
`Minus I —3
`
`0 Application Size Fee (37 CFR 1.16(s))
`
`0 FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM (37 CFR 1 16)1))
`
`X$
`
`X $
`
`OR
`
`OR
`
`OR
`
`TOTAL
`OR ADD'L
`FEE
`
`0 0
`
`X $26 =
`
`X 5110=
`
`TOTAL
`ADD'L
`FEE
`
`X $
`
`X $
`
`TOTAL
`ADD'L
`FEE
`
`X $
`
`X $
`
`OR
`
`OR
`
`OR
`
`TOTAL
`OR ADD'L
`FEE
`
`(Column 1)
`
`CLAIMS
`REMAINING
`AFTER
`AMENDMENT
`
`Total (37 CFR
`1.16(i))
`Independent
`(37 CFR 1.16(h))
`
`HIGHEST
`N UMBER
`P REVIOUSLY
`PAID FOR
`
`Minus
`
`**
`
`Minus
`
`***
`
`(Column 2)
`
`(Column 3)
`
`PRESENT
`EXTRA
`
`RATE ($)
`
`ADDITIONAL
`FEE ($)
`
`RATE ($)
`
`ADDITIONAL
`FEE ($)
`
`0 Application Size Fee (37 CFR 1.16(s))
`
`0 FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM (37 CFR 1.16(j))
`
`AMENDMENT
`
`If the entry in column 1 is less than the entry in column 2, write "0" in column 3.
`
`• If the "Highest Number Previously Paid For" IN THIS SPACE is less than 20, enter "20".
`
`• If the "Highest Number Previously Paid For" IN THIS SPACE is less than 3, enter "3".
`
`Legal Instrument Examiner:
`/MARSHA R. RICHARDS/
`
`The "Highest Number Previously Paid For" (Total or Independent) is the highest number found in the appropriate box in column 1.
`
`This collection of information is required by 37 CFR 1.16. The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO to
`process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1 .14. This collection is estimated to take 12 minutes to complete, including gathering,
`preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount of time you
`require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and Trademark Office, U.S.
`Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS
`ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
`If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2
`
`GNTX00001 93
`
`

`

`Case 6:21-cv-00755-ADA Document 45-13 Filed 02/28/22 Page 9 of 39
`
`Applicant : Eric Foxlin el al.
`Serial No. : 11/543,008
`Filed
`: October 4, 2006
`: 2 of to
`Page
`
`Amendments to the Claims:
`
`Attorney's Docket No.: 09970-0014001
`
`This listing of claims replaces all prior versions and listings of claims in the application:
`
`Listing of Claims:
`
`I .
`
`(Currently Amended) A method comprising obtaining a camera image, from a camera
`
`having a variable orientation, of an object having a variable orientation, and processing said
`
`camera image in a data processor by computing the spatial location and azimuth of an the object
`
`from the locations, in a-single said camera image, of exactly two points on the object,
`
`information about an orientation of said camera, and information about an orientation of the
`
`object: and generating one or more signals representative of the location and azimuth of the
`
`object.
`
`2.
`
`(Currently Amended) The method of claim I: wherein the information about an
`
`orientation of the object comes from an 4ifS4 inertial sensor mounted on the object, and the
`
`information about an orientation of the camera comes from an inertial sensor mounted on the
`
`camera.
`
`3.
`
`(Previously Presented) The method of claim I, further comprising using image locations
`
`in said camera image of one or more additional points on the object to identify said two points.
`
`4 - 6. (Cancelled)
`
`7.
`
`(Currently Amended) The method of claim 1 [[6]1, wherein information from said second
`
`inertial sensor comprises information about pitch and roll with respect to gravity.
`
`GNTX00001 94
`
`

`

`Case 6:21-cv-00755-ADA Document 45-13 Filed 02/28/22 Page 10 of 39
`
`Applicant : Eric Foxlin et al.
`Serial No. 1 1/543,008
`Filed
`: October 4, 2006
`Page
`: 3 of 10
`
`Attorney's Docket No.: 09970-0014001
`
`8.
`
`(Previously Presented) The method of claim 7, wherein azimuth of the camera, if
`
`measured, is not used to compute the relative location and azimuth of the object with respect to
`
`the camera.
`
`9.
`
`(Currently Amended) The method of claim 2, wherein information from said .fi-Fst inertial
`
`sensor mounted on said object comprises pitch with respect to gravity.
`
`10.
`
`(Currently Amended) The method of claim 9, wherein information from said fi-Es4 inertial
`
`sensor mounted on said object also comprises roll with respect to gravity.
`
`1 1.
`
`(Previously Presented) The method of claim 3, wherein said one or more additional
`
`points includes a third point that is closer to one of said two points than to the other, and wherein
`
`identifying said two points comprises using the location in said image of said third point to
`
`distinguish said two points from each other.
`
`1 2.
`
`(Previously Presented) The method of claim 11, wherein said one or more additional
`
`points includes a fourth point that is collinear with said two points, and wherein identifying said
`
`two points further comprises using the location in said image of said fourth point to distinguish
`
`the linear array of points to which it belongs from other linear arrays of points..
`
`1 3.
`
`(Currently Amended) The method of claim 2, wherein information from said first inertial
`
`sensor mounted on said object comprises pitch, and the pitch of the line defined by can-fain-Mg
`
`the two points is equivalent to the pitch of the object.
`
`1 4.
`
`(Currently Amended) The method of claim 9, further comprising calculating pitch of the
`
`line defined by containing the two •points using the measured pitch and roll of the object and a
`
`known orientation of said line on the object.
`
`GNTX00001 95
`
`

`

`Case 6:21-cv-00755-ADA Document 45-13 Filed 02/28/22 Page 11 of 39
`
`Applicant : Eric Foxlin et at
`Serial No. : 1 1/543,008
`Filed
`: October 4, 2006
`Page
`: 4 of 10
`
`Attorney's Docket No.: 09970-0014001
`
`15.
`
`(Currently Amended) The method of claim 2, further comprising updating the computed
`
`spatial location and orientation of the object based on the information about the angular velocity
`
`and linear acceleration of the object from the first inertial sensor.
`
`16.
`
`(Currently Amended) The method of claim 15, further comprising correcting for drift in
`
`the updated spatial location or orientation of the object using an updated image from the camera.
`
`1 7.
`
`(Currently Amended) The method of claim I, wherein the camera image is provided by a
`
`camera mounted on the head of a person.
`
`1 8.
`
`(Currently Amended) The method of claim 173 wherein the object is a marking apparatus
`
`on the person's hand.
`
`19.
`
`(Currently Amended) The method of claim 17, wherein the object is a tool.
`
`20.
`
`(Currently Amended) The method of claim 17: wherein the object is a weapon.
`
`21.
`
`(Currently Amended) The method of claim 173 further comprising
`
`projecting a visual display representing a Virtual world, and
`
`including in the visual display a representation of the object, including locating and
`
`positioning the representation of the object based on the computed spatial location and
`
`azimuth of the object.
`
`22.
`
`(Currently Amended) The method of claim 17, further comprising
`
`in a display visible to the person, projecting images that supplement the person's view of
`
`their surroundings, in which the images include a representation of the object positioned in
`
`the display 'based on the computed spatial location and azimuth of the object.
`
`TX00001 96
`
`

`

`Case 6:21-cv-00755-ADA Document 45-13 Filed 02/28/22 Page 12 of 39
`
`Applicant : Eric Foxlin et al.
`Serial No. : 1 1/543,008
`Filed
`: October 4, 2006
`Page
`: 5 of 1 0
`
`Attorney's Docket No.: 09970-0014001
`
`23.
`
`(Currently Amended) The method of claim l further comprising
`
`inverting the spatial location and azimuth of the object, and
`
`from the inverted location and azimuth, determining the spatial location and orientation
`
`of a camera that produced the image.
`
`24.
`
`(Currently Amended) The method of claim 23, further comprising
`
`from an updated image from the camera and inertial sensors associated with the camera,
`
`determining an updated spatial location and orientation of the camera.
`
`25 - 42. (Cancelled)
`
`43. (New) A method comprising obtaining a camera image from a camera, and processing
`
`said camera image in a data processor by computing the spatial location and azimuth of an object
`
`from the locations, in said camera image, of exactly two points on the object, and information
`
`about an orientation of the object, and generating one or more signals representative of the
`
`location and azimuth of the object, wherein computing the azimuth of the object comprises:
`
`receiving coordinate information for images, on an imaging device of a camera, of two
`
`points on an object,
`
`receiving pitch information from a sensor on the object,
`
`using the coordinate information and the pitch information to obtain candidate values for
`
`the azimuth of the object,
`
`selecting one azimuth value based on an evaluation of the candidate azimuth values in
`
`equations relating the coordinate information and pitch information to distances of the points
`
`from the camera.
`
`44. (New) A method comprising obtaining bearing angle data for points on an object using a
`
`bearing-angle sensor, and processing said bearing angle data in a data processor by computing
`
`the spatial location and azimuth of the object from the bearing angles for exactly two points on
`
`G NTX00001 97
`
`

`

`Case 6:21-cv-00755-ADA Document 45-13 Filed 02/28/22 Page 13 of 39
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`Applicant : Eric Foxlin et al
`Serial No. : 1 1643,008
`: October 4, 2006
`Filed
`Page
`: 6 of 10
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`Attorney's Docket No.: 09970-0014001
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`the object and information about an orientation of the object, and generating one or more signals
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`representative of the location and azimuth of the object, wherein the bearing-angle sensor is
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`selected from the group consisting of a quadcell, a lateral-effect photodiode, a position-sensitive
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`device (PSD), a projection sensor, or a laser-scanner.
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`45. (New) The method of claim 44 wherein the bearing-angle sensor is a quadcell.
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`46. (New) The method of claim 44, wherein the bearing angle sensor has a variable
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`orientation, and wherein the spatial location and azimuth of the object is computed using
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`information from an inertial sensor about an orientation of said bearing-angle sensor.
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`GNTX00001 98
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`

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`Case 6:21-cv-00755-ADA Document 45-13 Filed 02/28/22 Page 14 of 39
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`UNITED STA1ES 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.uspto.gov
`
`APPLICATION NO.
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`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
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`CONFIRMATION NO.
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`1 1/543,008
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`10/04/2006
`
`Eric Foxlin
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`09970-014001
`
`5969
`
`26161
`
`7590
`
`FISH & RICHARDSON P.C. (BO)
`P.O. BOX 1022
`MINNEAPOLIS, MN 55440-1022
`
`09/22/2011
`
`EXAMINER
`
`BROOKS, JULIAN I)
`
`ART UNIT
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`PAPER NUMBER
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`2624
`
`NOTIFICATION DATE
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`DELIVERY MODE
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`09/22/2011
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`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`PATDOCTC@ fr.com
`
`PTOL-90A (Rev. 04/07)
`
`GNTX00001 99
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`

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`Case 6:21-cv-00755-ADA Document 45-13 Filed 02/28/22 Page 15 of 39
`Application No.
`Applicant(s)
`
`Office Action Summary
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`1 1/543,008
`
`Examiner
`
`FOXLIN ET AL.
`
`Art Unit
`
`2624
`J ULIAN BROOKS
`— The MAILING DATE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`Status
`
`Responsive to communication(s) filed on 05/03/2011.
`This action is FINAL.
`2b)0 This action is non-final.
`Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11,453 0.G. 213.
`
`Disposition of Claims
`
`4) Claim(s) 1-3, 7-24, and 43-46 is/are pending in the application.
`4a) Of the above claim(s) is/are withdrawn from consideration.
`5) Claim(s) 43 is/are allowed.
`6) X1 Claim(s) 1-3, 7-24, and 44-46 is/are rejected.
`7)0 Claim(s) is/are objected to.
`8)0 Claim(s) are subject to restriction and/or election requirement.
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`Application Papers
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`9)0 The specification is objected to by the Examiner.
`10)0 The drawing(s) filed on is/are: a)0 accepted or b)0 objected to by the Examiner.
`
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`1 1)0 The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
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`Priority under 35 U.S.C. § 119
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`12)0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)0 All b)0 Some " c)0 None of:
`1.0 Certified copies of the priority documents have been received.
`2.0 Certified copies of the priority documents have been received in Application No.
`3.0 Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`" See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`1) I Notice of References Cited (PTO-892)
`2) 11 Notice of Draftsperson's Patent Drawing Review (PTO-948)
`3) I Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mail Date 05/03/2011.
`
`4) El Interview Summary (PTO-413)
`Paper No(s)/Mail Date.
`5) LI Notice of Informal Patent Application
`6) Other:
`
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 08-06)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20110716
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`G NTX0000200
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`

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`Case 6:21-cv-00755-ADA Document 45-13 Filed 02/28/22 Page 16 of 39
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`Application/Control Number: 11/543,008
`Art Unit: 2624
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`Page 2
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`DETAILED ACTION
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`Response to Amendment
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`Claims 1-42 were pending [10/04/2006].
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`Claims 1-24 were elected in response to a restriction requirement [08/11/2010]
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`Claims 1-24 were currently pending [08/24/2010].
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`Claims 1, 2, 7, 9, 10, and 13-24, have been amended [05/03/2011].
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`Claims 4-6 have been cancelled [05/03/2011].
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`1.
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`2.
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`3.
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`4.
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`5.
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`6.
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`Claims 43-46 have been newly added [05/03/2011].
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`Information Disclosure Statement
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`7.
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`The information disclosure statements (IDS) submitted on 05/03/2011 is in
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`compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure
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`statement has been considered and a copy is enclosed within this office action.
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`Claim Rejections -35 USC § 101
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`8.
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`Examiner's previous rejection of claims 1-24 under 35 U.S.C. 101 as not falling
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`within one of the four statutory categories of invention has been withdrawn in response
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`to Applicant's appropriate amendment to claim 1, which now recites that a processor
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`performs the computing steps.
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`GNTX0000201
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`

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`Case 6:21-cv-00755-ADA Document 45-13 Filed 02/28/22 Page 17 of 39
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`Application/Control Number: 11/543,008
`Art Unit: 2624
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`Page 3
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`Claim Rejections -35 USC § 112
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`9.
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`Examiner's previous rejection of claims 13 and 14 has been withdrawn in
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`response to Applicant's appropriate amendment to the claims.
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`1 0. The following is a quotation of the second paragraph of 35 U.S.C. 112:
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`The specification shall conclude with one or more claims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
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`11. Claim 7 is rejected under 35 U.S.C. 112, second paragraph, as being
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`indefinite for failing to particularly point out and distinctly claim the subject
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`matter which applicant regards as the invention.
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`Claim 7 recites the limitation "said inertial sensor" in line two; however, there is
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`insufficient antecedent basis for this limitation in the claim. Specifically, claim 1, which
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`claim 7 depends, fails to recite or state an inertial sensor so that it is clear as to what is
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`being referred to by "said inertial sensor".
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`Claim Rejections -35 USC § 103
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`1 2. The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
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`obviousness rejections set forth in this Office action:
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`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in 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
`i nvention was made to a person having ordinary skill in 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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`13. Claims 1-3, 7-10, 13-16 are rejected under 35 U.S.C. 103(a) as being
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`unpatentable over Satoh et al., U.S. Patent Application Publication No.
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`GNTX0000202
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`

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`Case 6:21-cv-00755-ADA Document 45-13 Filed 02/28/22 Page 18 of 39
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`Application/Control Number: 11/543,008
`Art Unit: 2624
`
`Page 4
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`20050256391 Al, filed on 05/11/2005, [herein Satoh], and further in view of Kiraly,
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`U.S Patent No. 7324663, filed 06/06/2003, [herein Kiraly].
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`With respect to claim 1, Satoh discloses "A method comprising obtaining a
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`camera image, of an object having a variable orientation, and processing said camera
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`i mage in a data processor by computing the spatial location and azimuth of the object"
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`(Page 3, paragraph 0030, 0033, and Page 4, paragraph 0041), "from the locations, in
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`said camera image, of exactly two points on the object" (Page 3, paragraphs 0032-
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`0034), "and information about an orientation of the object" (Pages 3-4, paragraphs
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`0037-0038), "and generating one or more signals representative of the location and
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`azimuth of the object" (Page 4, paragraph 0041).
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`It is however noted that Satoh fails to explicitly disclose "from a camera having a
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`variable orientation", and "information about an orientation of said camera", as claimed.
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`On the other hand Satoh as modified by Kiraly teaches "from a camera having a
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`variable orientation" (Col. 8, lines 21-38, variable orientation is evident by Kiraly's any
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`orientation difference), and "information about an orientation of said camera" (Col. 8,
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`lines 21-38).
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`Satoh and Kiraly are combinable because they are from the same field of
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`endeavor which is the imaging and tracking of an imaged object wherein the object
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`contains markers. At the time of the invention, it would have been obvious to a person
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`of ordinary skill in the art to incorporate the camera calibration and alignment of Kiraly
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`into the bird's eye view cameras of Satoh in order to assure proper alignment.
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`GNTX0000203
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`

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`Case 6:21-cv-00755-ADA Document 45-13 Filed 02/28/22 Page 19 of 39
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`Application/Control Number: 11/543,008
`Art Unit: 2624
`
`Page 5
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`The motivation for doing so would have been to achieve a predictable result
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`i mprovement by applying a known technique to a known device. Satoh contains a
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`"base" process of imaging an object which contains markers and tracking the object
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`utilizing the markers and orientation information on the object, which the claimed
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`invention can be seen as an "improvement" in that the imaging is performed with a
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`camera with variable orientation and utilizing the imaging camera orientation in the
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`object tracking, wherein Satoh's camera is only disclosed as being fixed. Kiraly contains
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`a known technique of aligning and thus calibrating an imaging camera that images an
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`object which contains markers for tracking, moreover this alignment information is
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`utilized in the tracking calculations, which is applicable to the base process by
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`calibrating Satoh's bird eye view cam