Ex Parte Yi et al

Patent Trial and Appeal Board

Sep 19, 2016

13416721 (P.T.A.B. Sep. 19, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
13/416,721 03/09/2012
73859 7590 09/21/2016
Silicon Valley Patent Group LLP
Attn: Client QCM
4010 Moorpark Avenue
Suite 210
San Jose, CA 95117
FIRST NAMED INVENTOR
Sheng Yi
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
ATTORNEY DOCKET NO. CONFIRMATION NO.
Ql03152USmh 3083
EXAMINER
ZHOU, ZHIHAN
ART UNIT PAPER NUMBER
2482
NOTIFICATION DATE DELIVERY MODE
09/21/2016 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):
ocpat_uspto@qualcomm.com
qualcomm_P AIR@svpatentgroup.com
BWYMAN@SVPA TENTGROUP.COM
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte SHENG YI, ASHWIN SWAMINATHAN,
BOLAN JIANG, and
SEYED HESAMEDDIN NAJAFI SHOUSHTARI
Appeal2015-004708
Application 13/416,721
Technology Center 2400
Before CATHERINE SHIANG, NATHAN A. ENGELS, and
NORMAN H. BEAMER, Administrative Patent Judges.
ENGELS, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
Appellants appeal under 35 U.S.C. § 134(a) from a rejection of claims
1-3, 5-12, 14--20, 22-25, 27, and 28. Claims 4, 13, 21, and 26 are canceled.
We have jurisdiction under 35 U.S.C. § 6(b).
We reverse.
Appeal2015-004708
Application 13/416,721
ILLUSTRATIVE CLAIMS
Claims 1 and 10, reproduced below, are illustrative of the claimed
subject matter:
1. A method comprising:
capturing an image of an object to be tracked;
detecting a plurality of lines in the image of the object;
computing all intersection points of the plurality of lines;
using the intersection points to identify connected lines;
forming a group of lines from the connected lines in the
plurality of lines; and
using the group of lines to track the object.
10. An apparatus comprising:
a camera;
a processor connected to the camera, the processor
configured to detect a plurality of lines in an image captured by
the camera of an object to be tracked, compute all intersection
points of the plurality of lines, use the intersection points to
identify connected lines, form a group of lines from the
connected lines in the plurality of lines, and use the group of
lines to track the object.
THE REJECTIONS
Claims 1-3, 5-7, 9-12, 14--16, 18-20, 22-25, 27, and 28 stand
rejected under 35 U.S.C. § 103(a) as being unpatentable over Hirokazu Kato
and Mark Billinghurst, MARKER TRACKING AND HMD CALIBRATION FOR A
VIDEO-BASED AUGMENTED REALITY CONFERENCING SYSTEM, IEEE 0-7695-
0359-4/99 (1999) ("Kato") in view of Chotiros (US 4,891,762; Jan. 2, 1990).
Claims 8 and 17 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Kato, Chotiros, and Casadei (US 7,738,705 B2; June 15,
2010).
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Appeal2015-004708
Application 13/416,721
ANALYSIS
In rejecting claim 1 over the combination of Kato and Chotiros, the
Examiner cites Kato as teaching "detecting a plurality of lines in the image
of the object" and Chotiros as teaching "computing all intersection points of
the plurality of lines," as claimed. See Final Act. 3--4 (citing Chotiros col. 4,
1. 62---col. 5, 1. 20). Specifically, the Examiner finds Kato teaches a system
for detecting "size-known square markers" in a virtual reality space (Kato p.
4) by extracting from an input image "regions whose outline contour[s] can
be fitted by four line segments" (Kato p. 5). See also App. Br. 15 ("Kato
describes a marker tracking system in which 'square markers' of known size
are used.").
The Examiner finds, however, that "Kato does not explicitly teach
computing all intersection points of the plurality of lines; using the
intersection points to identify connected lines" and Chotiros as teaching or
suggesting those limitations. Final Act. 3; but see Final Act. 7 ("Since an
outline contour can be fitted by four line segments and there are four vertices
of the regions found from the intersections of the four line segments, a group
of lines are formed with the connected lines from intersection points.").
Appellants contend the Examiner erred in relying on Chotiros.
Appellants characterize Chotiros as disclosing a position-sensor
system that detects features (points) in the environment, creates straight lines
connecting the points to define a geometrical shape with the lines, and then
uses spatial-pattern recognition to compare the shape and the lines' lengths
to congruent geometrical figures of a map. App. Br. 11. According to
Appellants, Chotiros calculates the position of the points before drawing
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Application 13/416,721
lines between the points and does not calculate "all intersection points of the
plurality of lines." App. Br. 11-12; Reply Br. 5-7.
Having reviewed the Examiner's rejections in light of Appellants'
arguments and the evidence of record, we agree with Appellants that the
Examiner erred. While we agree with the Examiner's findings regarding
Kato, and the Examiner is correct that Chotiros teaches connecting all points
in a scene with straight lines, we disagree with the Examiner's conclusion
that "it would have [been] obvious to one of ordinary skill in the art ... to
know that all the intersection points of the plurality of lines are known or
computed at some point in time." Ans. 9; see also Final Act. 4. To the
contrary, as Appellants argue, Chotiros detects known points (not lines) in
the environment and is not concerned with the intersections of lines
connected between those points.
Indeed, it is unclear on the record before us what the teachings of
Chotiros would have added to the teachings of Kato considering that, as the
Examiner finds, Kato discloses detecting a plurality of lines, calculating the
intersections (vertices) of those lines, using the intersection points to identify
connected lines, and forming a group of lines (e.g., the lines defining the
square markers). See Final Act. 7 ("Since an outline contour can be fitted by
four line segments and there are four vertices of the regions found from the
intersections of the four line segments, a group of lines are formed with the
connected lines from intersection points."); see also Kato, Abstract ("We
propose a method for tracking fiducial markers and a calibration method for
optical see-through [head-mounted displays] based on the marker
tracking."), pp. 4--5 (describing, e.g., "[p]arameters of these four line
segments and coordinates of the four vertices of the regions found from the
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Application 13/416,721
intersections of the line segments" and "marker coordinates of detected
marker's four vertices"). Accordingly, based on the record before us, we do
not sustain the Examiner's rejections of independent claims 1, 10, 19, and
24, each of which includes limitations substantially similar to the disputed
limitation of claim 1, nor the rejections of dependent claims 2, 3, 5-9, 11,
12, 14--18, 20, 22, 23, 25, 27, and 28.
DECISION
For the above reasons, we reverse the Examiner's rejections of claims
1-3, 5-12, 14--20, 22-25, 27, and 28.
REVERSED
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