HANWHA TECHWIN CO., LTD.Download PDFPatent Trials and Appeals BoardDec 30, 20202019005644 (P.T.A.B. Dec. 30, 2020) Copy Citation 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.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 14/279,435 05/16/2014 Sang Jin YUN HT70002 9762 71433 7590 12/30/2020 McLean IP Global 333 Wabash Avenue, Suite 2700 Chicago, IL 60604 EXAMINER LEE, JIMMY S ART UNIT PAPER NUMBER 2483 NOTIFICATION DATE DELIVERY MODE 12/30/2020 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): contact@mcleanip.com jason.pahng@gmail.com jason.pahng@mcleanip.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte SANG JIN YUN and HYUCK RAE KIM Appeal 2019-005644 Application 14/279,435 Technology Center 2400 Before JASON J. CHUNG, CARL L. SILVERMAN, and MICHAEL T. CYGAN, Administrative Patent Judges. CYGAN, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Pursuant to 35 U.S.C. § 134(a), Appellant1 appeals from the Examiner’s decision to reject claims 1–22. Appeal Br. 6. We have jurisdiction under 35 U.S.C. § 6(b). We REVERSE. 1 We use the word “Appellant” to refer to “applicant” as defined in 37 C.F.R. § 1.42. Appellant identifies the real party in interest as HANWA TECHWIN CO. LTD. Appeal Br. 2. Appeal 2019-005644 Application 14/279,435 2 CLAIMED SUBJECT MATTER The claimed invention generally relates to controlling a plurality of cameras in a surveillance system. Spec. ¶ 2. A first camera mutually connects with other cameras in the system to enable efficient operation of the system. Id. ¶ 8. The first camera may be controlled to receive and analyze information about the idle time of other cameras in the system, and transmit tasks of the first camera to the other cameras. Id. ¶ 10. These tasks are organized through a job queue for each camera. Figs. 5, 12. Independent claim 1 is illustrative: 1. A method of controlling a camera which is connected to at least one other camera and at least one client terminal through a communication network, the method comprising: controlling the camera to receive and analyze information about an idle time of each of the at least one other camera; according to the analyzing, controlling the camera to request the at least one other camera to execute at least one task of the camera on behalf of the camera by transmitting the at least one task of the camera and/or information about the at least one task of the camera to the at least one other camera, wherein the idle time of each of the at least one other camera is set to a time remaining before each of the at least one other camera is configured to execute a task among one or more tasks of each of the at least one other camera or a sum of time durations at which no tasks are allocated to each of the at least one other camera, and wherein the at least one task of the camera is scheduled to be executed by the camera according to a job queue of the camera. . Appeal 2019-005644 Application 14/279,435 3 REFERENCES Name Reference Date Giesen US 2009/0027509 A1 Jan. 29, 2009 Shin et al. (“Shin”) US 2010/0046640 A1 Feb. 25, 2010 Bhan US 2011/0273567 A1 Nov. 10, 2011 Wagner et al. (“Wagner”) US 2011/0286631 A1 Nov. 24, 2011 Boghossian et al. (“Boghossian”) US 2013/0208124 A1 Aug. 15, 2013 Ooi US 2013/0250120 A1 Sept. 26, 2013 REJECTIONS Claims 1–5 and 16–22 are rejected under 35 U.S.C. § 103 as being obvious over the combination of Boghossian and Bhan. Claims 6–8, 14, and 15 are rejected under 35 U.S.C. § 103 as being obvious over the combination of Boghossian, Bhan, and Ooi. Claims 9 and 11–13 are rejected under 35 U.S.C. § 103 as being obvious over the combination of Boghossian, Bhan, Ooi, Wagner, Giesen, and Shin. Claim 10 is rejected under 35 U.S.C. § 103 as being obvious over the combination of Boghossian, Bhan, Wagner, Giesen, and Shin. OPINION We have reviewed the Examiner’s obviousness rejections (Final Act. 6–21, Ans. 18–25) in light of Appellant’s contentions that the Examiner has erred (Appeal Br. 6–16, Reply Br. 2–14). We are persuaded by Appellant’s Appeal 2019-005644 Application 14/279,435 4 contention of Examiner error in rejecting claims 1–22 under 35 U.S.C. § 103 over the applied prior art. For claim 1, Appellant presents the issues of whether the combination of Boghossian and Bhan teaches or suggests each of the recited features, and whether the Examiner has articulated a rationale supporting a conclusion of obviousness. The Appellant argues against claims 2–22 on the same reasoning, and separately against claim 22 on argument that not all features of claim 22 have been taught or suggested by the applied prior art. We begin with Appellant’s first argument against claim 1, whether the combination of Boghossian and Bhan teaches or suggests, “wherein the at least one task of the camera is scheduled to be executed by the camera according to a job queue of the camera.” Appeal Br. 7. The Examiner finds Boghossian to teach or suggest “wherein the at least one task . . . of the camera . . . is scheduled to be executed by the camera . . . according to a job queue of the camera.” Final Act. 6 (citing Boghossian ¶¶ 14, 96). The Examiner points to Boghossian’s establishing of tracklets that correspond to time tracking of an object in a camera field of view as a task. Ans. 19. The Examiner finds that the tracklets are jobs to be processed that are related to time, and that the tracking is therefore a job queue consisting of these individual time-related tracklets. Id. The Examiner further finds that the claim term “job queue” would be met by a sequence of one task, and thus by Boghossian’s task of tracking an object in fields of view. Id. at 20. The Examiner further finds Boghossian’s “tracking task [of] organizing the camera nodes to follow the track of the tracking object is similar to the scheduling being claimed as it related to the task of tracking.” Id. Appeal 2019-005644 Application 14/279,435 5 Appellant argues that Boghossian does not teach a camera having a job queue as claimed. Appeal Br. 7–8. Appellant characterizes Boghossian as tracking the path that an object makes through a camera’s zone of view – not a task performed by or on behalf of the camera. Id. at 8. Appellant characterizes the tracking as providing the start and end time points that the tracked object enters and exits the camera’s zone of view. Id. Appellant provides a definition of a “queue” in the computer arts as “a sequence of messages or jobs held in temporary storage awaiting transmission or processing.” Id. at 9 (quoting https://www.merriamwebster.com/ dictionary/queue (1 November 2018)). Appellant argues that the task of tracking an object travelling across camera view areas is not a “job queue” under the term’s plain and ordinary meaning. Id. at 10; Reply Br. 5. Appellant further argues that in Boghossian, the task of tracking an object is not a task “of the camera,” as claimed, but of the network. Id. at 11; Reply Br. 3, 7. When construing claim terminology during prosecution before the Office, claims are to be given their broadest reasonable interpretation consistent with the Specification, reading claim language in light of the Specification as it would be interpreted by one of ordinary skill in the art. In re Am. Acad. of Sci. Tech. Ctr., 367 F.3d 1359, 1364 (Fed. Cir. 2004). However, the broadest reasonable interpretation differs from the broadest possible interpretation. In re Smith Int’l, Inc., 871 F.3d 1375, 1383 (Fed. Cir. 2017); see also MPEP § 2111 (“The broadest reasonable interpretation does not mean the broadest possible interpretation. Rather, the meaning given to a claim term must be consistent with the ordinary and Appeal 2019-005644 Application 14/279,435 6 customary meaning of the term (unless the term has been given a special definition in the specification), and must be consistent with the use of the claim term in the specification and drawings.”). The correct inquiry in giving a claim term its broadest reasonable interpretation in light of the specification is “an interpretation that corresponds with what and how the inventor describes his invention in the specification, i.e., an interpretation that is ‘consistent with the specification.’” Smith, 871 F.3d at 1382–83 (quoting In re Morris, 127 F.3d 1048, 1054 (Fed. Cir. 1997)). We are mindful, however, that limitations are not to be read into the claims from the Specification. In re Van Geuns, 988 F.2d 1181, 1184 (Fed. Cir. 1993). We are persuaded by Appellant’s argument. Claim 1 requires a “task . . . scheduled to be executed by the camera according to a job queue of the camera.” The Examiner points to Boghossian’s tracking as the task, where the queue may involve tracklets or it may be the tracking itself. Ans. 19–20. Boghossian defines a “track” as pertaining to the details defining the presence of an object. Boghossian ¶ 9. These details are “just data defining where the object starts and ends in the sequence [of video frames] and at times corresponding to the starting and ending points.” Id. ¶¶ 9–10. Boghossian’s “tracklets” are defined within a database through metadata. Id. ¶ 80. Boghossian describes the tracking as being performed not by the camera, but instead by a remote video surveillance system including a video management server for handling video data received from the cameras in the network, and processing that data to track viewed objects. See Boghossian ¶ 53. Appeal 2019-005644 Application 14/279,435 7 We do not agree with the Examiner that the broadest reasonable interpretation of “wherein the at least one task of the camera is scheduled to be executed by the camera according to a job queue of the camera” is met by these teachings of Boghossian. Specifically, we do not agree that the broadest reasonable interpretation of “task of the camera . . . scheduled to be executed by the camera” includes Boghossian’s tracking of a viewed object by a remote server by processing data obtained from cameras. Nor do we agree that the broadest reasonable interpretation of “executed by the camera according to a job queue of a camera” includes such tracking of objects at a server using camera data, or includes the creation and storage of tracklets that are data corresponding to the times at which objects enter or leave a viewed area. Consequently, we are persuaded by Appellant’s argument that the Examiner has not shown the broadest reasonable interpretation of the claimed “task of a camera [that] is scheduled to be executed by the camera according to a job queue of the camera” to be taught or suggested by Boghossian. For that reason, we agree with Appellant that the Examiner erred in rejecting claim 1 over Boghossian in view of Bhan. Because each of the rejections of claims 1–22 rely on Boghossian to teach or suggest this feature, we agree that the Examiner erred in rejecting claims 1–22 as being obvious over the applied prior art. Therefore, we need not reach Appellant’s other arguments concerning the sufficiency of the rationale to combine references and whether other limitations of claims 1 and 22 are taught or suggested by the applied prior art. Consequently, we reverse the Examiner’s rejection of claims 1–22. Appeal 2019-005644 Application 14/279,435 8 CONCLUSION For the above-described reasons, we reverse the Examiner’s rejection of claims 1–22 as being obvious over the applied references under 35 U.S.C. § 103. DECISION SUMMARY In summary: Claims Rejected 35 U.S.C. § References/Grounds Affirmed Reversed 1–5, 16– 22 103 Boghossian, Bhan, 1–5, 16– 22 6–8, 14, 15 103 Boghossian, Bhan, Ooi 6–8, 14, 15 9, 11–13 103 Boghossian, Bhan, Wagner, Giesen, Ooi Shin 9, 11–13 10 103 Boghossian, Bhan, Wagner, Giesen, Shin 10 Overall Outcome 1–22 REVERSED Copy with citationCopy as parenthetical citation