Prosecution Insights
Last updated: May 29, 2026
Application No. 18/259,448

IMAGING APPARATUS, IMAGING CONTROL METHOD, AND PROGRAM

Final Rejection §103
Filed
Jun 27, 2023
Priority
Jan 25, 2021 — JP 2021-009683 +1 more
Examiner
PICON-FELICIANO, ANA J
Art Unit
2482
Tech Center
2400 — Computer Networks
Assignee
Sony Group Corporation
OA Round
4 (Final)
69%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
295 granted / 429 resolved
+10.8% vs TC avg
Strong +22% interview lift
Without
With
+21.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
11 currently pending
Career history
461
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
90.4%
+50.4% vs TC avg
§102
1.8%
-38.2% vs TC avg
§112
1.2%
-38.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 429 resolved cases

Office Action

§103
Notice of Pre-AIA or AIA Status 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 2. This Office Action is in response to Applicant’s amendments/remarks received on January 2, 2026. 3. Claims 1-14 and 16-21 are pending in this application. 3. Claims 1-11, 14 and 16-21 have been amended. Response to Arguments 4. Applicant's arguments filed January 2, 2026 have been fully considered but they are deemed moot in view of the necessitated new grounds of rejection. Information Disclosure Statement 5. The information disclosure statement (IDS) submitted on April 14, 2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections - 35 USC § 103 6. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 7. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 8. Claims 1-12 and 16-21 are rejected under 35 U.S.C. 103 as being unpatentable over Yoneyama(US 2013/0004020 A1)(hereinafter Yoneyama) in view of MURAMATSU(US 2011/0234885 A1)(hereinafter Muramatsu) in further view of Kubota(US 2012/0045094 A1)(hereinafter Kubota). Regarding claim 1, Yoneyama discloses an imaging apparatus [See Yoneyama: at least Fig. 1 and par. 38 regarding imaging device] comprising: a focus control section configured to track a target and keep the target that is tracked in focus[See Yoneyama: at least Figs. 1, 9 and par. 38, 100-107 regarding CPU 1301 performs an AF process to bring the subject at the tracking position into focus…In the AF process after the tracking process, the focus lens is driven to the in-focus position by the scan drive or wobbling drive. In the wobbling drive, the CPU 1301 determines whether the in-focus evaluation value calculated by the AF control circuit 1302 when the focus lens is driven has increased as compared with the in-focus evaluation value at the previous lens position. When the in-focus evaluation value has increased, the CPU 1301 slightly drives the focus lens in the same direction as the previous direction. When the in-focus evaluation value has decreased, the CPU 1301 slightly drives the focus lens in a direction opposite to the previous direction. Such operation is rapidly repeated to gradually drive the focus lens to the in-focus position… In step S114, the CPU 1301 determines whether the second release switch has been turned on. When determining that the second release switch has not been turned on, the CPU 1301 performs processes after the tracking process in step S110. In the still image photography mode, the tracking process is continued until the second release switch is turned on.]; and a setting section configured to move the tracking start position from a first position to a second position on a basis of a predetermined condition, the second position being distinct from the first position [See Yoneyama: at least Figs. 2A-17C and par. 60-72, 100-107, 127, 135, 143, 202-203, 207, 215, 216, 221 regarding In the tracking position log area, a position having the highest correspondence in region 208 is recorded as a tracking position. When there are a plurality of such positions having high correspondence, for example, a position close to the center of region 208 is set as a tracking position. In the next tracking process, this tracking position is preferably used as the start position of the tracking process…]. Yoneyama does not explicitly disclose determine the target that is tracked becomes a hidden target behind another subject such that the target is no longer tracked, and set a resume tracking position from which to automatically resume tracking the hidden target as the target that is tracked in reference to a tracking start position. However, determining the target that is tracked becomes a hidden target behind another subject during the tracking process of the imaging apparatus was well known in the art at the time of the invention was filed as evident from the teaching of Muramatsu [See Muramatsu: at least Figs. 6A-13, par. 57-72, 76-78, 85-92 regarding If, on the other hand, it is decided in step 202 that the least hue difference value is greater than the threshold value, the operation proceeds to step 205 to set a "subject lost flag" by judging that the tracking target subject has become lost, e.g., the tracking target subject is hidden behind another subject in the search area 49, as shown in FIG. 6B. If the tracking device has lost track of the tracking target subject, the area expanded by two pixels as described above may be designated or a greater area may be designated as a new search area in step 206. For instance, an area defined by expanding the tracking target subject area 49 by a predetermined number of pixels (3~4 pixels in this example) on all sides, i.e., the top side, the bottom side, the left side and the right side, may be designated as a new search area 49. The likelihood of recapturing the tracking target subject is higher over a greater search area 49… As explained above, if it is decided that the tracking device has lost track of the tracking target subject or if the difference between the defocus amount detected for the previous subject and the defocus amount detected for the current subject is judged to exceed the predetermined threshold value, the focus adjustment control is banned (AF lock) over the specific length of time in the embodiment. Then, after the specific length of time elapses following the focus adjustment control ban (AF lock) the focus adjustment is resumed (the AF lock is cleared) by using the focus detection area used in the previous focus adjustment control processing…]. Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Yoneyama with Muramatsu teachings by including “determine the target that is tracked becomes a hidden target behind another subject” because this combination has the benefit of improving the level of tracking performance with which the target subject is tracked [See Muramatsu: par. 75]. Yoneyama and Muramatsu do not explicitly disclose determine the target that is tracked becomes a hidden target behind another subject such that the target is no longer tracked, and set a resume tracking position from which to automatically resume tracking the hidden target as the target that is tracked in reference to a tracking start position. However, Kubota teaches determine the target that is tracked becomes a hidden target behind another subject such that the target is no longer tracked, and set a resume tracking position from which to automatically resume tracking the hidden target as the target that is tracked in reference to a tracking start position [See Kubota: at least Figs. 34A-35 and par. 178-180 regarding As shown in FIG. 34A, the target object OB to be tracked may move to a position behind a blind BL, and may be lost (a tracking failure may occur). In this case, when a pixel of a color similar to the feature color of the target object OB exists immediately after the target object OB is lost, that pixel is more likely to be tracked (that is, a tracking error is more likely to occur). Hence, according to an elapsed time since the target object OB is lost (since a tracking failure), the weight-down coefficient is decided so that a larger weight-down coefficient is set as the elapsed time is shorter. Thus, as shown in FIG. 34B, the static search region SSA is narrowed down immediately after the target object OB is lost, thus eliminating occurrence of a tracking error. When the target object OB returns to a lost position, tracking of the target object OB can be restarted. However, there is no guarantee that the target object OB returns to the lost position. For example, the target object OB may appear at another position after it has pass through the blind BL. Hence, although there is a risk of a tracking error, the static search region SSA is gradually broadened to have the lost position of the target object OB as the center, as indicated by a region SSA' in FIG. 34B, thus coping with a case in which the target object OB appears at a position which has passed through the blind BL. More specifically, the weight-down coefficient can be decided, as shown in FIG. 35. FIG. 35 adopts the elapsed times on the abscissa, and the weight-down coefficients on the ordinate. As can be seen from FIG. 35, a larger weight-down coefficient is set as an elapsed time becomes shorter. As a result, immediately after the target object OB is lost, a large weight-down coefficient is set, and a change amount of the weight amounts becomes steeper, thus generating a weight table including smaller circumferential weight amount… Note that when the tracking operation of the target object OB can be restarted, the weight-down coefficient is decided according to the similar color distribution degree in place of the elapsed time since the target object OB is lost. When the tracking operation of the target object OB cannot be restarted, it is aborted, and the user is notified of that fact…(Accordingly, the tracking position is automatically resumed)]. Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Yoneyama and Muramatsu with Kubota teachings by including “determine the target that is tracked becomes a hidden target behind another subject such that the target is no longer tracked, and set a resume tracking position from which to automatically resume tracking the hidden target as the target that is tracked in reference to a tracking start position” because this combination has the benefit of providing tracking decision operations when the tracking target is lost or hidden. Further on, when combined, Muramatsu and Kubota teach a setting section configured to move the tracking start position from a first position to a second position on a basis of a predetermined condition, the second position being distinct from the first position[See Muramatsu: at least Figs. 6A-13, par. 57-72, 76-79, 85-92 regarding the image information contained in the image plane formed via the photographic lens and the image information corresponding to the template image of the tracking target subject are referenced against each other and a decision as to whether or not the tracking target subject has moved out of the tracking position based upon the referencing results in the embodiment. Thus, the decision as to whether or not the tracking target subject has disappeared can be made with a high level of accuracy…(Once a tracking target subject is lost or hidden, there is a decision to change the tracking start position)…See Kubota: at least Figs. 1A, 2A,18A-18D, 26A-26 B, par. 48, 59, 68, 71, 131-142 regarding An operation unit 146 has a function of accepting user operations (to input various instructions to the system control unit 134), and includes, for example, a power switch 146a, mode switch 146b, setting switch 146c, and release button 146d… The release button 146d is used to instruct to capture an image of an object, and includes a first switch and second switch. The first switch is turned on in the middle of an operation (half-stroke position) of the release button 146d to start image capturing preparation processing such as the AE processing and AF processing. The second switch is turned on upon completion of an operation (full-stroke position) of the release button 146d to start image capturing processing such as exposure processing and image recognition processing…When a specific target object (or a portion of a target object) is kept set in an in-focus state, the designated target object is required to be tracked (that is, the tracking function). In FIG. 2A, a tracking target designation frame IF used to designate a target object to be tracked is displayed at the center of the display unit 140. For example, when the user presses the setting switch 146c at an arbitrary timing in this state, the image capturing apparatus 1 determines that the target object to be tracked is designated, and sets an object located inside or near the tracking target designation frame IF as the target object to be tracked. When the display unit 140 includes a touch panel, and the user presses a desired position of the display unit 140, the image capturing apparatus 1 determines that the target object to be tracked is designated, and sets an object located near a pressed position PP as the target object to be tracked…In steps S2614, S2616, and S2618, the AE processing, AWB processing, and AF processing are continued to obtain an appropriate exposure value, colors, and focus of an image to be displayed on the display unit 140. It is determined in step S2620 whether or not a target object is to be tracked. If a target object is to be tracked, the process advances to step S2622 to execute tracking processing for tracking a target object. If a target object is not to be tracked, the process advances to step S2624. It is determined in step S2624 whether or not the first switch is ON upon operation of the release button 146d. If the first switch is not ON, the process returns to step S2610. If the first switch is ON, the process advances to step S2626…It is determined in step S2636 whether or not the second switch is ON upon operation of the release button 146d. If the second switch is not ON, the process advances to step S2638. If the second switch is ON, the process advances to step S2640…]. Regarding claim 17, Yoneyama discloses an imaging control method [See Yoneyama: at least Figs. 1-4B, 10, 15-17C and par. 60-72, 100-107 regarding tracking method for imaging device] comprising: tracking a target and keeping the target that is tracked in focus[See Yoneyama: at least Figs. 1, 9 and par. 38, 100-107 regarding CPU 1301 performs an AF process to bring the subject at the tracking position into focus…In the AF process after the tracking process, the focus lens is driven to the in-focus position by the scan drive or wobbling drive. In the wobbling drive, the CPU 1301 determines whether the in-focus evaluation value calculated by the AF control circuit 1302 when the focus lens is driven has increased as compared with the in-focus evaluation value at the previous lens position. When the in-focus evaluation value has increased, the CPU 1301 slightly drives the focus lens in the same direction as the previous direction. When the in-focus evaluation value has decreased, the CPU 1301 slightly drives the focus lens in a direction opposite to the previous direction. Such operation is rapidly repeated to gradually drive the focus lens to the in-focus position… In step S114, the CPU 1301 determines whether the second release switch has been turned on. When determining that the second release switch has not been turned on, the CPU 1301 performs processes after the tracking process in step S110. In the still image photography mode, the tracking process is continued until the second release switch is turned on.]; and moving the tracking start position from a first position to a second position on a basis of a predetermined condition, the second position being distinct from the first position [See Yoneyama: at least Figs. 2A-17C and par. 60-72, 100-107, 127, 135, 143, 202-203, 207, 215, 216, 221 regarding In the tracking position log area, a position having the highest correspondence in region 208 is recorded as a tracking position. When there are a plurality of such positions having high correspondence, for example, a position close to the center of region 208 is set as a tracking position. In the next tracking process, this tracking position is preferably used as the start position of the tracking process. ]. Yoneyama does not explicitly disclose determining the target that is tracked becomes a hidden target behind another subject such that the target is no longer tracked, and setting a resume tracking position from which to automatically resume tracking the hidden target as the target that is tracked in reference to a tracking start position. However, determining the target that is tracked becomes a hidden target behind another subject during the tracking process of time imaging apparatus was well known in the art at the time of the invention was filed as evident from the teaching of Muramatsu[See Muramatsu: at least Figs. 6A-13, par. 57-72, 76-78, 85-92 regarding If, on the other hand, it is decided in step 202 that the least hue difference value is greater than the threshold value, the operation proceeds to step 205 to set a "subject lost flag" by judging that the tracking target subject has become lost, e.g., the tracking target subject is hidden behind another subject in the search area 49, as shown in FIG. 6B. If the tracking device has lost track of the tracking target subject, the area expanded by two pixels as described above may be designated or a greater area may be designated as a new search area in step 206. For instance, an area defined by expanding the tracking target subject area 49 by a predetermined number of pixels (3~4 pixels in this example) on all sides, i.e., the top side, the bottom side, the left side and the right side, may be designated as a new search area 49. The likelihood of recapturing the tracking target subject is higher over a greater search area 49… As explained above, if it is decided that the tracking device has lost track of the tracking target subject or if the difference between the defocus amount detected for the previous subject and the defocus amount detected for the current subject is judged to exceed the predetermined threshold value, the focus adjustment control is banned (AF lock) over the specific length of time in the embodiment. Then, after the specific length of time elapses following the focus adjustment control ban (AF lock) the focus adjustment is resumed (the AF lock is cleared) by using the focus detection area used in the previous focus adjustment control processing…]. Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Yoneyama with Muramatsu teachings by including “determining the target that is tracked becomes a hidden target behind another subject” because this combination has the benefit of improving the level of tracking performance with which the target subject is tracked [See Muramatsu: par. 75]. Yoneyama and Muramatsu do not explicitly disclose determining the target that is tracked becomes a hidden target behind another subject such that the target is no longer tracked, and setting a resume tracking position from which to automatically resume tracking the hidden target as the target that is tracked in reference to a tracking start position. However, Kubota teaches determining the target that is tracked becomes a hidden target behind another subject such that the target is no longer tracked, and setting a resume tracking position from which to automatically resume tracking the hidden target as the target that is tracked in reference to a tracking start position [See Kubota: at least Figs. 34A-35 and par. 178-180 regarding As shown in FIG. 34A, the target object OB to be tracked may move to a position behind a blind BL, and may be lost (a tracking failure may occur). In this case, when a pixel of a color similar to the feature color of the target object OB exists immediately after the target object OB is lost, that pixel is more likely to be tracked (that is, a tracking error is more likely to occur). Hence, according to an elapsed time since the target object OB is lost (since a tracking failure), the weight-down coefficient is decided so that a larger weight-down coefficient is set as the elapsed time is shorter. Thus, as shown in FIG. 34B, the static search region SSA is narrowed down immediately after the target object OB is lost, thus eliminating occurrence of a tracking error. When the target object OB returns to a lost position, tracking of the target object OB can be restarted. However, there is no guarantee that the target object OB returns to the lost position. For example, the target object OB may appear at another position after it has pass through the blind BL. Hence, although there is a risk of a tracking error, the static search region SSA is gradually broadened to have the lost position of the target object OB as the center, as indicated by a region SSA' in FIG. 34B, thus coping with a case in which the target object OB appears at a position which has passed through the blind BL. More specifically, the weight-down coefficient can be decided, as shown in FIG. 35. FIG. 35 adopts the elapsed times on the abscissa, and the weight-down coefficients on the ordinate. As can be seen from FIG. 35, a larger weight-down coefficient is set as an elapsed time becomes shorter. As a result, immediately after the target object OB is lost, a large weight-down coefficient is set, and a change amount of the weight amounts becomes steeper, thus generating a weight table including smaller circumferential weight amount… Note that when the tracking operation of the target object OB can be restarted, the weight-down coefficient is decided according to the similar color distribution degree in place of the elapsed time since the target object OB is lost. When the tracking operation of the target object OB cannot be restarted, it is aborted, and the user is notified of that fact…(Accordingly, the tracking position is automatically resumed)]. Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Yoneyama and Muramatsu with Kubota teachings by including “determining the target that is tracked becomes a hidden target behind another subject such that the target is no longer tracked, and setting a resume tracking position from which to automatically resume tracking the hidden target as the target that is tracked in reference to a tracking start position” because this combination has the benefit of providing tracking decision operations when the tracking target is lost or hidden. Further on, when combined, Muramatsu and Kubota teach moving the tracking start position from a first position to a second position on a basis of a predetermined condition, the second position being distinct from the first position [See Muramatsu: at least Figs. 6A-13, par. 57-72, 76-79, 85-92 regarding the image information contained in the image plane formed via the photographic lens and the image information corresponding to the template image of the tracking target subject are referenced against each other and a decision as to whether or not the tracking target subject has moved out of the tracking position based upon the referencing results in the embodiment. Thus, the decision as to whether or not the tracking target subject has disappeared can be made with a high level of accuracy…(Once a tracking target subject is lost or hidden, there is a decision to change the tracking start position)…See Kubota: at least Figs. 1A, 2A,18A-18D, 26A-26 B, par. 48, 59, 68, 71, 131-142 regarding An operation unit 146 has a function of accepting user operations (to input various instructions to the system control unit 134), and includes, for example, a power switch 146a, mode switch 146b, setting switch 146c, and release button 146d… The release button 146d is used to instruct to capture an image of an object, and includes a first switch and second switch. The first switch is turned on in the middle of an operation (half-stroke position) of the release button 146d to start image capturing preparation processing such as the AE processing and AF processing. The second switch is turned on upon completion of an operation (full-stroke position) of the release button 146d to start image capturing processing such as exposure processing and image recognition processing…When a specific target object (or a portion of a target object) is kept set in an in-focus state, the designated target object is required to be tracked (that is, the tracking function). In FIG. 2A, a tracking target designation frame IF used to designate a target object to be tracked is displayed at the center of the display unit 140. For example, when the user presses the setting switch 146c at an arbitrary timing in this state, the image capturing apparatus 1 determines that the target object to be tracked is designated, and sets an object located inside or near the tracking target designation frame IF as the target object to be tracked. When the display unit 140 includes a touch panel, and the user presses a desired position of the display unit 140, the image capturing apparatus 1 determines that the target object to be tracked is designated, and sets an object located near a pressed position PP as the target object to be tracked…In steps S2614, S2616, and S2618, the AE processing, AWB processing, and AF processing are continued to obtain an appropriate exposure value, colors, and focus of an image to be displayed on the display unit 140. It is determined in step S2620 whether or not a target object is to be tracked. If a target object is to be tracked, the process advances to step S2622 to execute tracking processing for tracking a target object. If a target object is not to be tracked, the process advances to step S2624. It is determined in step S2624 whether or not the first switch is ON upon operation of the release button 146d. If the first switch is not ON, the process returns to step S2610. If the first switch is ON, the process advances to step S2626…It is determined in step S2636 whether or not the second switch is ON upon operation of the release button 146d. If the second switch is not ON, the process advances to step S2638. If the second switch is ON, the process advances to step S2640…]. Regarding claim 18, Yoneyama discloses a non-transitory computer readable medium storing a program for causing an information processing device to perform a set of operations[See Yoneyama: at least Figs. 1-4B, 10, 15-17C and par. 8, 39, 46, 92 regarding A storage medium to store a tracking program processable by a computer,..The program code includes a tracking program code for tracking a subject. The tracking program enables the CPU 1301 as a computer to perform a face detection function, a face corresponding region detection function, a face tracking function, a peripheral part tracking function, and a tracking switch function.] comprising: tracking a target and keeping the target that is tracked in focus[See Yoneyama: at least Figs. 1, 9 and par. 38, 100-107 regarding CPU 1301 performs an AF process to bring the subject at the tracking position into focus…In the AF process after the tracking process, the focus lens is driven to the in-focus position by the scan drive or wobbling drive. In the wobbling drive, the CPU 1301 determines whether the in-focus evaluation value calculated by the AF control circuit 1302 when the focus lens is driven has increased as compared with the in-focus evaluation value at the previous lens position. When the in-focus evaluation value has increased, the CPU 1301 slightly drives the focus lens in the same direction as the previous direction. When the in-focus evaluation value has decreased, the CPU 1301 slightly drives the focus lens in a direction opposite to the previous direction. Such operation is rapidly repeated to gradually drive the focus lens to the in-focus position… In step S114, the CPU 1301 determines whether the second release switch has been turned on. When determining that the second release switch has not been turned on, the CPU 1301 performs processes after the tracking process in step S110. In the still image photography mode, the tracking process is continued until the second release switch is turned on.]; and moving the tracking start position from a first position to a second position on a basis of a predetermined condition, the second position being distinct from the first position [See Yoneyama: at least Figs. 2A-17C and par. 60-72, 100-107, 127, 135, 143, 202-203, 207, 215, 216, 221 regarding In the tracking position log area, a position having the highest correspondence in region 208 is recorded as a tracking position. When there are a plurality of such positions having high correspondence, for example, a position close to the center of region 208 is set as a tracking position. In the next tracking process, this tracking position is preferably used as the start position of the tracking process. ]. Yoneyama does not explicitly disclose determining the target that is tracked becomes a hidden target behind another subject such that the target is no longer tracked, and setting a resume tracking position from which to automatically resume tracking the hidden target as the target that is tracked in reference to a tracking start position. However, determining the target that is tracked becomes a hidden target behind another subject during the tracking process of time imaging apparatus was well known in the art at the time of the invention was filed as evident from the teaching of Muramatsu[See Muramatsu: at least Figs. 6A-13, par. 57-72, 76-78, 85-92 regarding If, on the other hand, it is decided in step 202 that the least hue difference value is greater than the threshold value, the operation proceeds to step 205 to set a "subject lost flag" by judging that the tracking target subject has become lost, e.g., the tracking target subject is hidden behind another subject in the search area 49, as shown in FIG. 6B. If the tracking device has lost track of the tracking target subject, the area expanded by two pixels as described above may be designated or a greater area may be designated as a new search area in step 206. For instance, an area defined by expanding the tracking target subject area 49 by a predetermined number of pixels (3~4 pixels in this example) on all sides, i.e., the top side, the bottom side, the left side and the right side, may be designated as a new search area 49. The likelihood of recapturing the tracking target subject is higher over a greater search area 49… As explained above, if it is decided that the tracking device has lost track of the tracking target subject or if the difference between the defocus amount detected for the previous subject and the defocus amount detected for the current subject is judged to exceed the predetermined threshold value, the focus adjustment control is banned (AF lock) over the specific length of time in the embodiment. Then, after the specific length of time elapses following the focus adjustment control ban (AF lock) the focus adjustment is resumed (the AF lock is cleared) by using the focus detection area used in the previous focus adjustment control processing…]. Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Yoneyama with Muramatsu teachings by including “determining the target that is tracked becomes a hidden target behind another subject” because this combination has the benefit of improving the level of tracking performance with which the target subject is tracked [See Muramatsu: par. 75]. Yoneyama and Muramatsu do not explicitly disclose determining the target that is tracked becomes a hidden target behind another subject such that the target is no longer tracked, and setting a resume tracking position from which to automatically resume tracking the hidden target as the target that is tracked in reference to a tracking start position. However, Kubota teaches determining the target that is tracked becomes a hidden target behind another subject such that the target is no longer tracked, and setting a resume tracking position from which to automatically resume tracking the hidden target as the target that is tracked in reference to a tracking start position [See Kubota: at least Figs. 34A-35 and par. 178-180 regarding As shown in FIG. 34A, the target object OB to be tracked may move to a position behind a blind BL, and may be lost (a tracking failure may occur). In this case, when a pixel of a color similar to the feature color of the target object OB exists immediately after the target object OB is lost, that pixel is more likely to be tracked (that is, a tracking error is more likely to occur). Hence, according to an elapsed time since the target object OB is lost (since a tracking failure), the weight-down coefficient is decided so that a larger weight-down coefficient is set as the elapsed time is shorter. Thus, as shown in FIG. 34B, the static search region SSA is narrowed down immediately after the target object OB is lost, thus eliminating occurrence of a tracking error. When the target object OB returns to a lost position, tracking of the target object OB can be restarted. However, there is no guarantee that the target object OB returns to the lost position. For example, the target object OB may appear at another position after it has pass through the blind BL. Hence, although there is a risk of a tracking error, the static search region SSA is gradually broadened to have the lost position of the target object OB as the center, as indicated by a region SSA' in FIG. 34B, thus coping with a case in which the target object OB appears at a position which has passed through the blind BL. More specifically, the weight-down coefficient can be decided, as shown in FIG. 35. FIG. 35 adopts the elapsed times on the abscissa, and the weight-down coefficients on the ordinate. As can be seen from FIG. 35, a larger weight-down coefficient is set as an elapsed time becomes shorter. As a result, immediately after the target object OB is lost, a large weight-down coefficient is set, and a change amount of the weight amounts becomes steeper, thus generating a weight table including smaller circumferential weight amount… Note that when the tracking operation of the target object OB can be restarted, the weight-down coefficient is decided according to the similar color distribution degree in place of the elapsed time since the target object OB is lost. When the tracking operation of the target object OB cannot be restarted, it is aborted, and the user is notified of that fact…(Accordingly, the tracking position is automatically resumed)]. Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Yoneyama and Muramatsu with Kubota teachings by including “determining the target that is tracked becomes a hidden target behind another subject such that the target is no longer tracked, and setting a resume tracking position from which to automatically resume tracking the hidden target as the target that is tracked in reference to a tracking start position” because this combination has the benefit of providing tracking decision operations when the tracking target is lost or hidden. Further on, when combined, Muramatsu and Kubota teach moving the tracking start position from a first position to a second position on a basis of a predetermined condition, the second position being distinct from the first position [See Muramatsu: at least Figs. 6A-13, par. 57-72, 76-79, 85-92 regarding the image information contained in the image plane formed via the photographic lens and the image information corresponding to the template image of the tracking target subject are referenced against each other and a decision as to whether or not the tracking target subject has moved out of the tracking position based upon the referencing results in the embodiment. Thus, the decision as to whether or not the tracking target subject has disappeared can be made with a high level of accuracy…(Once a tracking target subject is lost or hidden, there is a decision to change the tracking start position)…See Kubota: at least Figs. 1A, 2A,18A-18D, 26A-26 B, par. 48, 59, 68, 71, 131-142 regarding An operation unit 146 has a function of accepting user operations (to input various instructions to the system control unit 134), and includes, for example, a power switch 146a, mode switch 146b, setting switch 146c, and release button 146d… The release button 146d is used to instruct to capture an image of an object, and includes a first switch and second switch. The first switch is turned on in the middle of an operation (half-stroke position) of the release button 146d to start image capturing preparation processing such as the AE processing and AF processing. The second switch is turned on upon completion of an operation (full-stroke position) of the release button 146d to start image capturing processing such as exposure processing and image recognition processing…When a specific target object (or a portion of a target object) is kept set in an in-focus state, the designated target object is required to be tracked (that is, the tracking function). In FIG. 2A, a tracking target designation frame IF used to designate a target object to be tracked is displayed at the center of the display unit 140. For example, when the user presses the setting switch 146c at an arbitrary timing in this state, the image capturing apparatus 1 determines that the target object to be tracked is designated, and sets an object located inside or near the tracking target designation frame IF as the target object to be tracked. When the display unit 140 includes a touch panel, and the user presses a desired position of the display unit 140, the image capturing apparatus 1 determines that the target object to be tracked is designated, and sets an object located near a pressed position PP as the target object to be tracked…In steps S2614, S2616, and S2618, the AE processing, AWB processing, and AF processing are continued to obtain an appropriate exposure value, colors, and focus of an image to be displayed on the display unit 140. It is determined in step S2620 whether or not a target object is to be tracked. If a target object is to be tracked, the process advances to step S2622 to execute tracking processing for tracking a target object. If a target object is not to be tracked, the process advances to step S2624. It is determined in step S2624 whether or not the first switch is ON upon operation of the release button 146d. If the first switch is not ON, the process returns to step S2610. If the first switch is ON, the process advances to step S2626…It is determined in step S2636 whether or not the second switch is ON upon operation of the release button 146d. If the second switch is not ON, the process advances to step S2638. If the second switch is ON, the process advances to step S2640…]. Regarding claim 2, Yoneyama, Muramatsu and Kubota teach all of the limitations of claim 1, and are analyzed as previously discussed with respect to that claim. Further on, when combined, Yoneyama teaches wherein the predetermined condition is an operation of a user[See Yoneyama: at least Figs. 2A-17C and par. 100-107 regarding In step S108, the CPU 1301 controls the display element driving circuit 122 to display a tracking frame on the display element 120. The tracking frame is displayed at the position of the tracking target on the screen of the display element 120. For example, a subject brought into focus by the release AF may be set as a tracking target, and the tracking frame may be displayed on When the subject displayed on the screen of the display element 120 is specified by the touchpanel 124, the tracking frame may be displayed on this subject. Thus, in the present embodiment, for example, the CPU 1301, the AF control circuit 1302, start position the face detection circuit 1305, and the touchpanel 124 function as examples of a tracking target setting unit. this subject. Thus, in the present embodiment, for example, the CPU 1301, the AF control circuit 1302, the face detection circuit 1305, and the touchpanel 124 function as examples of a tracking target setting unit. In step S110, the CPU 1301 performs the tracking process for tracking the subject…(This tracking frame displayed in a current frame is interpreted as being starting position for a tracking process in a subsequent frame)]. Regarding claims 3 and 19, Yoneyama, Muramatsu and Kubota teach all of the limitations of claims 1 and 18, and are analyzed as previously discussed with respect to those claims. Further on, Kubota teaches wherein the second position is a tracking position when a first user operation is performed [See Kubota: at least Figs. 1A, 2A,18A-18D, 26A-26 B, par. 48, 59, 68, 71, 131-142 regarding An operation unit 146 has a function of accepting user operations (to input various instructions to the system control unit 134), and includes, for example, a power switch 146a, mode switch 146b, setting switch 146c, and release button 146d… The release button 146d is used to instruct to capture an image of an object, and includes a first switch and second switch. The first switch is turned on in the middle of an operation (half-stroke position) of the release button 146d to start image capturing preparation processing such as the AE processing and AF processing. The second switch is turned on upon completion of an operation (full-stroke position) of the release button 146d to start image capturing processing such as exposure processing and image recognition processing…When a specific target object (or a portion of a target object) is kept set in an in-focus state, the designated target object is required to be tracked (that is, the tracking function). In FIG. 2A, a tracking target designation frame IF used to designate a target object to be tracked is displayed at the center of the display unit 140. For example, when the user presses the setting switch 146c at an arbitrary timing in this state, the image capturing apparatus 1 determines that the target object to be tracked is designated, and sets an object located inside or near the tracking target designation frame IF as the target object to be tracked. When the display unit 140 includes a touch panel, and the user presses a desired position of the display unit 140, the image capturing apparatus 1 determines that the target object to be tracked is designated, and sets an object located near a pressed position PP as the target object to be tracked…In steps S2614, S2616, and S2618, the AE processing, AWB processing, and AF processing are continued to obtain an appropriate exposure value, colors, and focus of an image to be displayed on the display unit 140. It is determined in step S2620 whether or not a target object is to be tracked. If a target object is to be tracked, the process advances to step S2622 to execute tracking processing for tracking a target object. If a target object is not to be tracked, the process advances to step S2624. It is determined in step S2624 whether or not the first switch is ON upon operation of the release button 146d. If the first switch is not ON, the process returns to step S2610. If the first switch is ON, the process advances to step S2626…It is determined in step S2636 whether or not the second switch is ON upon operation of the release button 146d. If the second switch is not ON, the process advances to step S2638. If the second switch is ON, the process advances to step S2640…]. Regarding claims 4 and 20, Yoneyama, Muramatsu and Kubota teach all of the limitations of claims 3 and 18, and are analyzed as previously discussed with respect to those claims. Further on, when combined, Kubota also teaches wherein the second position is designated by a second user operation / wherein the second position is a position designated by a user [See Kubota: at least Figs. 1A, 2A,18A-18D, 26A-26 B, par. 48, 59, 68, 71, 131-142 regarding An operation unit 146 has a function of accepting user operations (to input various instructions to the system control unit 134), and includes, for example, a power switch 146a, mode switch 146b, setting switch 146c, and release button 146d… When a specific target object (or a portion of a target object) is kept set in an in-focus state, the designated target object is required to be tracked (that is, the tracking function). In FIG. 2A, a tracking target designation frame IF used to designate a target object to be tracked is displayed at the center of the display unit 140. For example, when the user presses the setting switch 146c at an arbitrary timing in this state, the image capturing apparatus 1 determines that the target object to be tracked is designated, and sets an object located inside or near the tracking target designation frame IF as the target object to be tracked. When the display unit 140 includes a touch panel, and the user presses a desired position of the display unit 140, the image capturing apparatus 1 determines that the target object to be tracked is designated, and sets an object located near a pressed position PP as the target object to be tracked…In steps S2614, S2616, and S2618, the AE processing, AWB processing, and AF processing are continued to obtain an appropriate exposure value, colors, and focus of an image to be displayed on the display unit 140. It is determined in step S2620 whether or not a target object is to be tracked. If a target object is to be tracked, the process advances to step S2622 to execute tracking processing for tracking a target object. If a target object is not to be tracked, the process advances to step S2624. It is determined in step S2624 whether or not the first switch is ON upon operation of the release button 146d. If the first switch is not ON, the process returns to step S2610. If the first switch is ON, the process advances to step S2626…It is determined in step S2636 whether or not the second switch is ON upon operation of the release button 146d. If the second switch is not ON, the process advances to step S2638. If the second switch is ON, the process advances to step S2640…]. Regarding claim 5, Yoneyama, Muramatsu and Kubota teach all of the limitations of claim 3, and are analyzed as previously discussed with respect to that claim. Further on, when combined, Yoneyama and Kubota teach wherein, to move the tracking start position of the target that is tracked from the first position to the second position on the basis of the predetermined condition, the setting section is further configured to divide an imaging range into a plurality of zones and move the first position to one of the plurality of zones that includes the tracking position when the first user operation is performed[See Yoneyama: at least Figs. 2A-17C and par. 68-81, 100-108, 119-130 regarding In step S201, the CPU 1301 loads, into the RAM 118, image data obtained in the imaging element interface circuit 116 as a result of the imaging by the imaging element 114. The CPU 1301 regards image data obtained in the initial tracking process as evaluation image data, and loads the image data into the evaluation image area of the RAM 118. The CPU 1301 regards image data obtained in and after the second tracking process as reference image data, and loads the image data obtained in and after the second tracking process into the reference image area of the RAM 118. In step S202, the CPU 1301 causes the face detection circuit 1305 to detect the face of the subject from the image data containing a subject such as a person. As has been described with reference to FIG. 2A and FIG. 2B, the face detection circuit 1305 finds the amount of correlation between the image data obtained by each frame and each of face parts 402, 404, and 406. The face detection circuit 1305 detects a region including the face of the person by using the fact that the correlation amount is maximized by a predetermined arrangement that shows the face of the person… In step S205, the CPU 1301 stores, in a tracking log area of the RAM 118, tracking positions obtained as a result of the tracking processes for the face and the breast using the luminance information…See Kubota: at least Figs. 1A, 2A, 6, 18A-18D, 20A-20B, 26A-26 B, par. 48, 59, 68, 71, 78, 131-144 regarding a pixel corresponding to the tracking target designated position (the pixel E in this embodiment) is set as a base point, the image is divided into partial regions according to distances from the base point, and the numbers of pixels of colors similar to the feature candidate colors are counted for respective partial regions. FIG. 6 shows an example when the image is divided into six partial regions according to distances from the pixel E as the base point... An operation unit 146 has a function of accepting user operations (to input various instructions to the system control unit 134), and includes, for example, a power switch 146a, mode switch 146b, setting switch 146c, and release button 146d…In steps S2614, S2616, and S2618, the AE processing, AWB processing, and AF processing are continued to obtain an appropriate exposure value, colors, and focus of an image to be displayed on the display unit 140. It is determined in step S2620 whether or not a target object is to be tracked. If a target object is to be tracked, the process advances to step S2622 to execute tracking processing for tracking a target object. If a target object is not to be tracked, the process advances to step S2624. It is determined in step S2624 whether or not the first switch is ON upon operation of the release button 146d. If the first switch is not ON, the process returns to step S2610. If the first switch is ON, the process advances to step S2626…It is determined in step S2636 whether or not the second switch is ON upon operation of the release button 146d. If the second switch is not ON, the process advances to step S2638. If the second switch is ON, the process advances to step S2640…]. Regarding claim 6, Yoneyama, Muramatsu and Kubota teach all of the limitations of claim 2, and are analyzed as previously discussed with respect to that claim. Further on, when combined, Kubota teaches or suggest wherein, to move the tracking start position of the target that is tracked from the first position to the second position on the basis of the predetermined condition, the setting section is further configured to move the first position to a position designated by the user from the operation of the user [See Kubota: at least Figs. 1A, 2A,18A-18D, 26A-26 B, par. 48, 59, 68, 71, 78, 131-142 regarding An operation unit 146 has a function of accepting user operations (to input various instructions to the system control unit 134), and includes, for example, a power switch 146a, mode switch 146b, setting switch 146c, and release button 146d… When a specific target object (or a portion of a target object) is kept set in an in-focus state, the designated target object is required to be tracked (that is, the tracking function). In FIG. 2A, a tracking target designation frame IF used to designate a target object to be tracked is displayed at the center of the display unit 140. For example, when the user presses the setting switch 146c at an arbitrary timing in this state, the image capturing apparatus 1 determines that the target object to be tracked is designated, and sets an object located inside or near the tracking target designation frame IF as the target object to be tracked. When the display unit 140 includes a touch panel, and the user presses a desired position of the display unit 140, the image capturing apparatus 1 determines that the target object to be tracked is designated, and sets an object located near a pressed position PP as the target object to be tracked… It is determined in step S2610 whether or not a target object to be tracked is designated. The target object to be tracked can be designated when the user operates the tracking target designation frame superimposed on an image displayed on the display unit 140 or directly presses an image displayed on the display unit 140 (see FIG. 2A), as described above. If the target object to be tracked is designated, the process advances to step S2612 to execute feature color extraction processing for extracting feature colors of the target object. If no target object to be tracked is designated, the process advances to steps S2614, S2616, S2618, and S2620…]. Regarding claims 7 and 21, Yoneyama, Muramatsu and Kubota teach all of the limitations of claims 1 and 18, and are analyzed as previously discussed with respect to those claims. Further on, Muramatsu and Kubota teach wherein, to move the tracking start position of the target that is tracked from the first position to the second position on the basis of the predetermined condition, the setting section is further configured to move the first position to a tracking position where the target that is tracked becomes the hidden target / wherein the second position is a tracking position where the target that is tracked becomes the hidden target [See Muramatsu: at least Figs. 6A-13, par. 57-72, 76-79, 85-92 regarding the image information contained in the image plane formed via the photographic lens and the image information corresponding to the template image of the tracking target subject are referenced against each other and a decision as to whether or not the tracking target subject has moved out of the tracking position based upon the referencing results in the embodiment. Thus, the decision as to whether or not the tracking target subject has disappeared can be made with a high level of accuracy…(Once a tracking target subject is lost or hidden, there is a decision to change the tracking start position)…See Kubota: at least Figs. 1A, 2A,18A-18D, 26A-26 B, par. 48, 59, 68, 71, 131-142 regarding An operation unit 146 has a function of accepting user operations (to input various instructions to the system control unit 134), and includes, for example, a power switch 146a, mode switch 146b, setting switch 146c, and release button 146d… The release button 146d is used to instruct to capture an image of an object, and includes a first switch and second switch. The first switch is turned on in the middle of an operation (half-stroke position) of the release button 146d to start image capturing preparation processing such as the AE processing and AF processing. The second switch is turned on upon completion of an operation (full-stroke position) of the release button 146d to start image capturing processing such as exposure processing and image recognition processing…When a specific target object (or a portion of a target object) is kept set in an in-focus state, the designated target object is required to be tracked (that is, the tracking function). In FIG. 2A, a tracking target designation frame IF used to designate a target object to be tracked is displayed at the center of the display unit 140. For example, when the user presses the setting switch 146c at an arbitrary timing in this state, the image capturing apparatus 1 determines that the target object to be tracked is designated, and sets an object located inside or near the tracking target designation frame IF as the target object to be tracked. When the display unit 140 includes a touch panel, and the user presses a desired position of the display unit 140, the image capturing apparatus 1 determines that the target object to be tracked is designated, and sets an object located near a pressed position PP as the target object to be tracked…In steps S2614, S2616, and S2618, the AE processing, AWB processing, and AF processing are continued to obtain an appropriate exposure value, colors, and focus of an image to be displayed on the display unit 140. It is determined in step S2620 whether or not a target object is to be tracked. If a target object is to be tracked, the process advances to step S2622 to execute tracking processing for tracking a target object. If a target object is not to be tracked, the process advances to step S2624. It is determined in step S2624 whether or not the first switch is ON upon operation of the release button 146d. If the first switch is not ON, the process returns to step S2610. If the first switch is ON, the process advances to step S2626…It is determined in step S2636 whether or not the second switch is ON upon operation of the release button 146d. If the second switch is not ON, the process advances to step S2638. If the second switch is ON, the process advances to step S2640…]. Regarding claim 8, Yoneyama, Muramatsu and Kubota teach all of the limitations of claim 7, and are analyzed as previously discussed with respect to that claim. Further on, Yoneyama teaches wherein, to move the tracking start position of the target that is tracked from the first position to the second position on the basis of the predetermined condition, the setting section is further configured to divide an imaging range into a plurality of zones, and move the first position to one of the plurality of zones where the target that is tracked becomes the hidden target[See Yoneyama: at least Figs. 2A-17C and par. 68-81, 100-108, 119-130 regarding In step S201, the CPU 1301 loads, into the RAM 118, image data obtained in the imaging element interface circuit 116 as a result of the imaging by the imaging element 114. The CPU 1301 regards image data obtained in the initial tracking process as evaluation image data, and loads the image data into the evaluation image area of the RAM 118. The CPU 1301 regards image data obtained in and after the second tracking process as reference image data, and loads the image data obtained in and after the second tracking process into the reference image area of the RAM 118. In step S202, the CPU 1301 causes the face detection circuit 1305 to detect the face of the subject from the image data containing a subject such as a person. As has been described with reference to FIG. 2A and FIG. 2B, the face detection circuit 1305 finds the amount of correlation between the image data obtained by each frame and each of face parts 402, 404, and 406. The face detection circuit 1305 detects a region including the face of the person by using the fact that the correlation amount is maximized by a predetermined arrangement that shows the face of the person… In step S205, the CPU 1301 stores, in a tracking log area of the RAM 118, tracking positions obtained as a result of the tracking processes for the face and the breast using the luminance information…See Kubota: at least Figs. 1A, 2A, 6, 18A-18D, 20A-20B, 26A-26 B, par. 48, 59, 68, 71, 78, 131-144 regarding a pixel corresponding to the tracking target designated position (the pixel E in this embodiment) is set as a base point, the image is divided into partial regions according to distances from the base point, and the numbers of pixels of colors similar to the feature candidate colors are counted for respective partial regions. FIG. 6 shows an example when the image is divided into six partial regions according to distances from the pixel E as the base point... An operation unit 146 has a function of accepting user operations (to input various instructions to the system control unit 134), and includes, for example, a power switch 146a, mode switch 146b, setting switch 146c, and release button 146d…In steps S2614, S2616, and S2618, the AE processing, AWB processing, and AF processing are continued to obtain an appropriate exposure value, colors, and focus of an image to be displayed on the display unit 140. It is determined in step S2620 whether or not a target object is to be tracked. If a target object is to be tracked, the process advances to step S2622 to execute tracking processing for tracking a target object. If a target object is not to be tracked, the process advances to step S2624. It is determined in step S2624 whether or not the first switch is ON upon operation of the release button 146d. If the first switch is not ON, the process returns to step S2610. If the first switch is ON, the process advances to step S2626…It is determined in step S2636 whether or not the second switch is ON upon operation of the release button 146d. If the second switch is not ON, the process advances to step S2638. If the second switch is ON, the process advances to step S2640…]. Regarding claim 9, Yoneyama, Muramatsu and Kubota teach all of the limitations of claim 7, and are analyzed as previously discussed with respect to that claim. Further on, Yoneyama teaches further comprising: a recognition section configured to perform a process of recognizing a subject [See Yoneyama: at least Figs. 2A-17C and par. 43-44, 48, 61, 92, 99-108 regarding The evaluation image area temporarily stores evaluation image data. The evaluation image data is image data for a frame containing a subject which is a tracking target in a tracking process…The face detection circuit 1305 detects, from the image data containing a subject such as a person, the face of the subject.], wherein the setting section is further configured to control movement of the first position to the second position on a basis of a type of a subject that is recognized[See Yoneyama: at least Figs. 2A-17C and par. 68-81, 100-108, 119-130 regarding In step S201, the CPU 1301 loads, into the RAM 118, image data obtained in the imaging element interface circuit 116 as a result of the imaging by the imaging element 114. The CPU 1301 regards image data obtained in the initial tracking process as evaluation image data, and loads the image data into the evaluation image area of the RAM 118. The CPU 1301 regards image data obtained in and after the second tracking process as reference image data, and loads the image data obtained in and after the second tracking process into the reference image area of the RAM 118. In step S202, the CPU 1301 causes the face detection circuit 1305 to detect the face of the subject from the image data containing a subject such as a person. As has been described with reference to FIG. 2A and FIG. 2B, the face detection circuit 1305 finds the amount of correlation between the image data obtained by each frame and each of face parts 402, 404, and 406. The face detection circuit 1305 detects a region including the face of the person by using the fact that the correlation amount is maximized by a predetermined arrangement that shows the face of the person… In step S205, the subjeCPU 1301 stores, in a tracking log area of the RAM 118, tracking positions obtained as a result of the tracking processes for the face and the breast using the luminance information…]. Regarding claim 10, Yoneyama, Muramatsu and Kubota teach all of the limitations of claim 9, and are analyzed as previously discussed with respect to that claim. Further on, Yoneyama and Kubota teach or suggests wherein the setting section is further configured to control movement of the first position to the second position on a basis of a condition that the subject that is recognized is a first type, a condition that the subject that is recognized is not a second type, or a combination thereof[See Yoneyama: at least Figs. 2A-17C and par. 68-81, 100-108, 119-130, 137-144 regarding In step S201, the CPU 1301 loads, into the RAM 118, image data obtained in the imaging element interface circuit 116 as a result of the imaging by the imaging element 114. The CPU 1301 regards image data obtained in the initial tracking process as evaluation image data, and loads the image data into the evaluation image area of the RAM 118. The CPU 1301 regards image data obtained in and after the second tracking process as reference image data, and loads the image data obtained in and after the second tracking process into the reference image area of the RAM 118. In step S202, the CPU 1301 causes the face detection circuit 1305 to detect the face of the subject from the image data containing a subject such as a person. As has been described with reference to FIG. 2A and FIG. 2B, the face detection circuit 1305 finds the amount of correlation between the image data obtained by each frame and each of face parts 402, 404, and 406. The face detection circuit 1305 detects a region including the face of the person by using the fact that the correlation amount is maximized by a predetermined arrangement that shows the face of the person… In step S205, the CPU 1301 stores, in a tracking log area of the RAM 118, tracking positions obtained as a result of the tracking processes for the face and the breast using the luminance information…In step S208, the CPU 1301 causes the tracking switch circuit 1309 to determine whether the face can be tracked. More specifically, the tracking switch circuit 1309 determines whether the performance of the tracking has deteriorated because the face is not detected in the image data and the face cannot be tracked in accordance with the region having the color information for the flesh color…On the other hand, if it is determined in step S208 that the performance of the tracking has deteriorated because no face data is included in the image data and the face cannot be tracked in accordance with the region having the color information for the flesh color, the CPU 1301 determines that the face cannot be tracked. Moving to step S213, the CPU 1301 causes the tracking switch circuit 1309 to switch to the tracking of a peripheral part by the peripheral part tracking circuit 1308 from the tracking of the face. The peripheral part is a position estimated by the CPU 1301 from a face detection result and previously acquired statistical data…In step S212, the CPU 1301 controls the display element driving circuit 122 to update the display position of the breast tracking frame D2 to a position corresponding to the tracking position stored in step S211, for example, as shown in FIG. 6 or FIG. 8…See Kubota: at least Figs. 1A, 2A,18A-18D, 26A-26 B, par. 48, 58, 59, 68, 70-71, 78, 131-142 regarding An image recognition circuit 132 recognizes, for example, a brightness state, in-focus state, and color state of an image signal (image) which has undergone the image processing in the image processing circuit 128. When an image includes a person, the image recognition circuit 132 can also recognize a face and facial expression of that person. When an image includes text, the image recognition circuit 132 can also recognize that text information. To the image recognition circuit 132, a plurality of image signals can be input. For example, the image recognition circuit 132 compares two input image signals (that is, it compares features of images) to determine whether or not the two image signals are the same...]. Regarding claim 11, Yoneyama, Muramatsu and Kubota teach all of the limitations of claim 10, and are analyzed as previously discussed with respect to that claim. Further on, Kubota teaches or suggest wherein the setting section is further configured to set a selected subject that is selected by the user as the first type or the second type [See Kubota: at least Figs. 1A, 2A,18A-18D, 26A-26 B, par. 48, 58, 59, 68, 70-71, 78, 131-142 regarding An image recognition circuit 132 recognizes, for example, a brightness state, in-focus state, and color state of an image signal (image) which has undergone the image processing in the image processing circuit 128. When an image includes a person, the image recognition circuit 132 can also recognize a face and facial expression of that person. When an image includes text, the image recognition circuit 132 can also recognize that text information. To the image recognition circuit 132, a plurality of image signals can be input. For example, the image recognition circuit 132 compares two input image signals (that is, it compares features of images) to determine whether or not the two image signals are the same... An operation unit 146 has a function of accepting user operations (to input various instructions to the system control unit 134), and includes, for example, a power switch 146a, mode switch 146b, setting switch 146c, and release button 146d… FIGS. 2A and 2B show an example of a scene to be captured. FIG. 2A shows a scene in which a person is located at the center of the display unit 140 (screen) and is playing with a ball…When a specific target object (or a portion of a target object) is kept set in an in-focus state, the designated target object is required to be tracked (that is, the tracking function). In FIG. 2A, a tracking target designation frame IF used to designate a target object to be tracked is displayed at the center of the display unit 140. For example, when the user presses the setting switch 146c at an arbitrary timing in this state, the image capturing apparatus 1 determines that the target object to be tracked is designated, and sets an object located inside or near the tracking target designation frame IF as the target object to be tracked. When the display unit 140 includes a touch panel, and the user presses a desired position of the display unit 140, the image capturing apparatus 1 determines that the target object to be tracked is designated, and sets an object located near a pressed position PP as the target object to be tracked… As shown in FIG. 2B, assume that a ball is designated as a target object to be tracked… It is determined in step S2610 whether or not a target object to be tracked is designated. The target object to be tracked can be designated when the user operates the tracking target designation frame superimposed on an image displayed on the display unit 140 or directly presses an image displayed on the display unit 140 (see FIG. 2A), as described above. If the target object to be tracked is designated, the process advances to step S2612 to execute feature color extraction processing for extracting feature colors of the target object. If no target object to be tracked is designated, the process advances to steps S2614, S2616, S2618, and S2620…]. Regarding claim 12, Yoneyama, Muramatsu and Kubota teach all of the limitations of claim 1, and are analyzed as previously discussed with respect to that claim. Further on, Yoneyama teaches further comprising: a display control section configured to control display of the tracking start position overlaid on a through-image[See Yoneyama: at least Figs. 2A-17C and par. 100-107 regarding In step S108, the CPU 1301 controls the display element driving circuit 122 to display a tracking frame on the display element 120. The tracking frame is displayed at the position of the tracking target on the screen of the display element 120. For example, a subject brought into focus by the release AF may be set as a tracking target, and the tracking frame may be displayed on When the subject displayed on the screen of the display element 120 is specified by the touchpanel 124, the tracking frame may be displayed on this subject. Thus, in the present embodiment, for example, the CPU 1301, the AF control circuit 1302, start position the face detection circuit 1305, and the touchpanel 124 function as examples of a tracking target setting unit. this subject. Thus, in the present embodiment, for example, the CPU 1301, the AF control circuit 1302, the face detection circuit 1305, and the touchpanel 124 function as examples of a tracking target setting unit. In step S110, the CPU 1301 performs the tracking process for tracking the subject…(This tracking frame displayed in a current frame is overlaid on the display element 120)]. Regarding claim 16, Yoneyama, Muramatsu and Kubota teach all of the limitations of claim 1, and are analyzed as previously discussed with respect to that claim. Further on, Yoneyama teaches wherein the setting section is further configured to detect an operation by a user[See Yoneyama: at least par. 53-54 regarding . The touchpanel 124 detects, for example, a contact position of the finger of a user on the display screen. The touchpanel driving circuit 126 drives the touchpanel 124, and outputs, to the CPU 1301, a contact detection signal from the touchpanel 124. The CPU 1301 detects the user's contact operation on the display screen from the contact detection signal, and performs processing corresponding to the contact operation…], and responsive to detecting the operation by the user, temporarily disable tracking of the target, a priority auto-fucus function of prioritizing bringing at least one of a face or an eye into focus, or a combination thereof[See Yoneyama: at least Fig. 9 and par. 53-54, 116-118 regarding In step S136, the CPU 1301 determines whether the moving image button has been turned off. When determining that the moving image button has not been turned off, the CPU 1301 performs processes after the tracking process in step S128. In the moving image photography mode, the tracking process and the recording of the moving image data are continued until the moving image button is turned off.. When determining that the moving image button has been turned off, the CPU 1301, in step S138, controls the display element driving circuit 122 so that the tracking frame D1 is not displayed. The CPU 1301 then ends the operation that follows the photography operation flowchart shown in FIG. 9.]. 9. Claims 13 is rejected under 35 U.S.C. 103 as being unpatentable over Yoneyama(US 2013/0004020 A1)(hereinafter Yoneyama) in view of MURAMATSU(US 2011/0234885 A1)(hereinafter Muramatsu) in further view of Kubota(US 2012/0045094 A1)(hereinafter Kubota) and in further view of Sudo(US 2021/0124239 A1)(hereinafter Sudo). Regarding claim 13, Yoneyama, Muramatsu and Kubota teach all of the limitations of claim 12, and are analyzed as previously discussed with respect to that claim. Yoneyama, Muramatsu and Kubota do not explicitly disclose wherein the display control section changes a display form of the tracking start position before and during tracking. However, Sudo teaches wherein the display control section changes a display form of the tracking start position before and during tracking [See Sudo: at least Figs. 3A-5B, par. 56-88 regarding In step S301, with reference to the non-volatile memory 56, the system control unit 50 determines whether the setting of an AF function based on a line-of-sight input is enabled. If the line-of-sight AF setting is enabled (Yes in step S301), the processing proceeds to step S302. If not (No in step S301), the processing proceeds to step S304. The line-of-sight AF function is a function of displaying a focus detection region (hereinafter, an “AF frame”) at a line-of-sight position detected by the line-of-sight detection block 160 and executing AF. As illustrated in the item 502 in FIG. 5A, the user can set the line-of-sight AF function to either “enabled” or “disabled” on a setting menu screen of the digital camera 100. If the setting regarding the line-of-sight AF function is enabled, the AF frame (i.e., the specified position) moves by tracking the line of sight, and AF is executed at the position of the displayed AF frame. If the setting regarding the line-of-sight AF function is disabled, the AF frame does not move by tracking the line of sight. Even if the line-of-sight input function is enabled, as long as the setting regarding the line-of-sight AF function is disabled, the AF frame does not move by tracking the line of sight even in the state where the line of sight of the user is detected… In FIGS. 4C, 4D, 4F, and 4G, to clearly illustrate the line-of-sight position of the user in an easily understandable manner, each of the indicators 419c, 419d, 419f, and 419g is represented by a star shape… Further, as illustrated in FIGS. 4C and 4D, if it is determined that the line-of-sight position is at an object, an indicator indicating the line-of-sight position may not be displayed, and an indicator may be displayed on an object that the user is presumed to be viewing. In this case, to avoid confusion between the indicator and the frame 422 indicating the tracking frame or the frame 421 indicating the AF frame, the display form of the indicator may be different from that of the frame by changing the display color of the indicator or masking the inside of the frame. (Thus, during the tracking the AF frame can be enabled or disabled in the display while changing the display form)]. Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Yoneyama, Muramatsu and Kubota with Sudo teachings by including “wherein the display control section changes a display form of the tracking start position before and during tracking” because this combination has the benefit of providing different display capabilities during the tracking process. 10. Claims 14 is rejected under 35 U.S.C. 103 as being unpatentable over Yoneyama(US 2013/0004020 A1)(hereinafter Yoneyama) in view of MURAMATSU(US 2011/0234885 A1)(hereinafter Muramatsu) in further view of Kubota(US 2012/0045094 A1)(hereinafter Kubota) and in further view of Sudo(US 2021/0124239 A1)(hereinafter Sudo) and in further view of Sekimoto(US 2017/0228887 A1)(hereinafter Sekimoto). Regarding claim 14, Yoneyama, Muramatsu and Kubota teach all of the limitations of claim 12, and are analyzed as previously discussed with respect to that claim. Yoneyama, Muramatsu and Kubota do not explicitly disclose wherein the display control section stops displaying the tracking start position during tracking with no movement by the target and displays the tracking start position upon movement by the target. However, Sudo teaches wherein the display control section stops displaying the tracking start position during tracking [See Sudo: at least Figs. 3A-5B, par. 56-88 regarding In step S301, with reference to the non-volatile memory 56, the system control unit 50 determines whether the setting of an AF function based on a line-of-sight input is enabled. If the line-of-sight AF setting is enabled (Yes in step S301), the processing proceeds to step S302. If not (No in step S301), the processing proceeds to step S304. The line-of-sight AF function is a function of displaying a focus detection region (hereinafter, an “AF frame”) at a line-of-sight position detected by the line-of-sight detection block 160 and executing AF. As illustrated in the item 502 in FIG. 5A, the user can set the line-of-sight AF function to either “enabled” or “disabled” on a setting menu screen of the digital camera 100. If the setting regarding the line-of-sight AF function is enabled, the AF frame (i.e., the specified position) moves by tracking the line of sight, and AF is executed at the position of the displayed AF frame. If the setting regarding the line-of-sight AF function is disabled, the AF frame does not move by tracking the line of sight. Even if the line-of-sight input function is enabled, as long as the setting regarding the line-of-sight AF function is disabled, the AF frame does not move by tracking the line of sight even in the state where the line of sight of the user is detected… In FIGS. 4C, 4D, 4F, and 4G, to clearly illustrate the line-of-sight position of the user in an easily understandable manner, each of the indicators 419c, 419d, 419f, and 419g is represented by a star shape… Further, as illustrated in FIGS. 4C and 4D, if it is determined that the line-of-sight position is at an object, an indicator indicating the line-of-sight position may not be displayed, and an indicator may be displayed on an object that the user is presumed to be viewing. In this case, to avoid confusion between the indicator and the frame 422 indicating the tracking frame or the frame 421 indicating the AF frame, the display form of the indicator may be different from that of the frame by changing the display color of the indicator or masking the inside of the frame.]. Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Yoneyama, Muramatsu and Kubota with Sudo teachings by including “wherein the display control section stops displaying the tracking start position during tracking” because this combination has the benefit of providing different display capabilities during the tracking process. Yoneyama, Muramatsu, Kubota and Sudo do not explicitly disclose wherein the display control section stops displaying the tracking start position during tracking with no movement by the target and displays the tracking start position upon movement by the target. However, Sekimoto teaches wherein the display control section stops displaying the tracking start position during tracking with no movement by the target and displays the tracking start position upon movement by the target[See Sekimoto: at least Figs. 4-7 and par. 75-77 regarding FIGS. 6A to 6J are diagrams for explaining differences in processing due to differences in a tracking AF frame, a touch position, an object movement direction, and an object speed. Examples where the touch operation is detected in step S209 include a case where the user touches the touch panel unit 151 to re-designate the object, because the tracking area corresponding to the tracking AF area 501a is set separate from the object. An ideal state is such a state that, as illustrated in FIG. 6A, the tracking area (not illustrated) is set at the position intended by the user (a face portion of the object in FIG. 6A) and the tracking AF area 501a is set at the corresponding position. However, depending on a moving speed of the object, there may be a case where, as illustrated in FIG. 6B, because the tracking area (not illustrated) is set at a position separate from the object, the corresponding tracking AF area 501b is set separate from the object. There also may be a case where, as illustrated in FIG. 6C, even though the tracking area (not illustrated) is set on the object and a tracking AF area 501c is therefore set on the object, the tracking AF area 501c is set separate from the position intended by the user. In the case illustrated in FIG. 6C, the tracking area (not illustrated) is not set at the face portion intended by the user but is set at a body portion. Thus, the tracking AF area 501c is also set at the body portion. In a case where, as the cases illustrated in FIGS. 6B and 6C, the tracking AF area (501b or 501c) corresponding to the tracking area (not illustrated) is set at a position separate from the position intended by the user, and the user therefore attempts to change the tracking area by a touch operation, the touch operation is detected in step S209. In step S210, the image capturing apparatus 100 sets the tracking area according to processing of a flowchart illustrated in FIG. 5 as described in detail below…]. Therefore, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Yoneyama, Muramatsu, Kubota and Sudo with Sekimoto teachings by including “wherein the display control section stops displaying the tracking start position during tracking with no movement by the target and displays the tracking start position upon movement by the target” because this combination has the benefit of providing different display capabilities for highly correlated tracking process upon a movement condition [See Sekimoto: par. 2-10]. Conclusion 11. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yoneyama et al. (US 9,277,110 B2) Yoneyama (US 9,412,008 B2) Sato (US 10,911,663 B2) Funamoto (US 2015/0304551 A1) Nishiyama(US 2022/0092821 A1) 12. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. 13. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANA J PICON-FELICIANO whose telephone number is (571)272-5252. The examiner can normally be reached Monday-Friday 9:00-5:00. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Kelley can be reached at 571 272 7331. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Ana Picon-Feliciano/Examiner, Art Unit 2482 /CHRISTOPHER S KELLEY/Supervisory Patent Examiner, Art Unit 2482
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Prosecution Timeline

Show 1 earlier event
Oct 22, 2024
Non-Final Rejection mailed — §103
Feb 21, 2025
Response Filed
Jun 04, 2025
Final Rejection mailed — §103
Sep 04, 2025
Request for Continued Examination
Sep 18, 2025
Response after Non-Final Action
Oct 01, 2025
Non-Final Rejection mailed — §103
Jan 02, 2026
Response Filed
May 06, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

5-6
Expected OA Rounds
69%
Grant Probability
90%
With Interview (+21.7%)
2y 11m (~0m remaining)
Median Time to Grant
High
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