DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. JP2022-116577, filed on 21st July, 2022.
Claim Objections
Claim 6 is objected to because of the following informalities:
Claim 6 recites the limitation(s): "in a case where a moving image is recorded, a moving image that includes the composite image for recoding as a frame are recorded during the predetermined period" on PG(s). 2, Line(s) 12-14; examiner suggests amending this to "in a case where a moving image is recorded, a moving image that includes the composite image for recording as a frame are recorded during the predetermined period".Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3 and 7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The terms “long distance”, “small in size”, “thin font”, “low in saturation”, and “the extent of overlap… is small” in Claim 3 are relative terms which renders the claim indefinite. Terms “long distance”, “small in size”, “thin font”, “low in saturation”, and “the extent of overlap… is small” are not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Regarding “long distance” and “the extent of overlap… is small”, the specification does not establish how distance and overlap are considered to be “long”, nor does it provide any examples or values. Regarding “small in size”, the specification does not establish when a size is considered to be “small” and does not provide any examples or definitions. Regarding “thin font”, the specification does not establish what constitutes a font to be thin, nor does it provide any examples or values. Regarding “low in saturation”, the specification does not provide an example or an explanation as to what degree saturation can be considered “low”. The examiner suggests amending these terms for clarification.
Claim 7 recites the limitation "data of a composite image obtained by compositing an image obtained using the image sensor" in PG(s). 2, Line(s) 17-19. There is insufficient antecedent basis for this limitation in the claim. As previously established in Claim 1, there are two types of composite images: a “composite image for display” and a “composite image for recording”. It is unclear which of the two composite images this portion of the claim limitation is referring to, thus, rendering the claim indefinite. The examiner suggests amending this claim to clarify which of the previously two established “composite images” this is referring to.
Claim Rejections - 35 USC § 103
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.
Claims 1-3, 7, and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Hitoshi et al. (JP 2014115191 A), hereinafter referenced as Hitoshi, in view of Muneyuki et al. (JP 2016048825 A), hereinafter referenced as Muneyuki.
Regarding Claim 1, Hitoshi discloses a range finding device (Hitoshi, [0011]: teaches a distance measuring device 10 <read on range finding device>), comprising:
an image sensor (Hitoshi, [0013]: teaches the distance measuring device 10 including a built-in image sensor for capturing images);
a measurement circuit that measures a distance to a predetermined position within a field of view of the image sensor based on time of flight of light (Hitoshi, [0027]: teaches a distance measurement device 10 including a control unit 55 that controls other internal units, such as an image synthesis/combining unit 61, a distance calculation unit 63 <read on measurement circuit>, an inclination angle calculation unit 64, an image processing unit 68, a laser emission control unit 56, etc.; [0029]: teaches the laser emission control unit 56 emitting pulsed laser light <read on time of flight of light> that projects toward a target within the view of the camera <read on field of view>); and
a generation circuit that generates data of a composite image by compositing an image obtained by using the image sensor and an image indicating a measurement result from the measurement circuit (Hitoshi, [0049]: teaches an image synthesis unit 61 <read on generation circuit> generating a composite image "in which the captured image, the aim image, and the images indicating the values <read on generated data of composite image> of the linear distances, the inclination angles, and the horizontal distances are synthesized" as shown in FIG. 7; [0050]: teaches the composite image including values that indicate linear distance, inclination angle, and horizontal distance measured <read on image indicating measurement result>), wherein
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[[the generation circuit generates data of a composite image for display and data of a composite image for recording, and]]
[[the composite image for display and the composite image for recording differ from each other in a form and/or a composition position of the image indicating the measurement result.]]
However, Hitoshi does not expressly disclose
the generation circuit generates data of a composite image for display and data of a composite image for recording, and
the composite image for display and the composite image for recording differ from each other in a form and/or a composition position of the image indicating the measurement result.
Muneyuki discloses
the generation circuit generates data of a composite image for display and data of a composite image for recording (Muneyuki, [0094]: teaches a photographing process to acquire a wide-angle image iW and a telescopic image iT <read on composite image for recording>, where, for the telescopic image iT, "the range information <read on data> may be superimposed and displayed" and "the telescopic image iT is recorded in the recording unit 190"; [0079]: teaches the ability to switch between the superimposed telephoto image and a superimposed display of a wide-angle image <read on composite image for display>, where a frame that indicates range <read on data> is superimposed on the image as shown in FIG. 8a), and
the composite image for display and the composite image for recording differ from each other in a form and/or a composition position of the image indicating the measurement result (Muneyuki, FIGS. 8a and 8b teaches wide-angle image iW <read on composition image for display> containing superimposed frame FL over target Q, and telephoto image iT <read on composite image for recording> containing target Q with superimposed measured distance information M1 respectively, where the composition shots differ <read on differing forms> from each other, and telephoto image iT including measured distance detail in the upper left hand corner <read on composition position of measurement result>).
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Muneyuki is analogous art with respect to Hitoshi because they are from the same field of endeavor, namely obtaining range information of targeted subjects through photography. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to implement a system that allows the user to view superimposed images of a tracked target as taught by Muneyuki into the teaching of Hitoshi. The suggestion for doing so would allow the user to view relevant distance information of a tracked target without requiring switching between modes, thereby improving convenience and use. Therefore, it would have been obvious to combine Muneyuki with Hitoshi.
Regarding Claim 11, it recites the limitations that are similar in scope to Claim 1, but in a control method. As shown in the rejection, the combination of Hitoshi and Muneyuki discloses the limitations of Claim 1. Additionally, Hitoshi discloses a control method for a range finding device that includes (Hitoshi, [0017]: teaches a device <read on range finding device> performing distance measurements <read on control method>)…
Thus, Claim 11 is met by Hitoshi according to the mapping presented in the rejection of Claim 1, given the range finding device corresponds to a control method.
Regarding Claim 12, it recites the limitations that are similar in scope to Claim 1, but in a non-transitory computer-readable medium. As shown in the rejection, the combination of Hitoshi and Muneyuki discloses the limitations of Claim 1. Additionally, Hitoshi discloses a non-transitory computer-readable medium storing a program including instructions executable by a computer (Hitoshi, [0027]: teaches a distance measurement device 10 including an image processing unit 68, internal memory 66 <read on non-transitory computer-readable medium>, and a control unit 55 <read on computer> that controls <read on executable instructions> all internal units within distance measurement device 10, such as recording image data to memory via a program), wherein
the instructions, when executed by a computer included in a range finding device, causes the computer to perform a control method for the range finding device (Hitoshi, [0027]: teaches the distance measurement device 10 <read on range finding device> including a control unit 55 <read on computer> controlling internal units, such as the image processing unit 68 performing image processing, where "the RGB image data is taken into the control unit 55, and then recorded <read on control method> in a storage area allocated in advanced in the storage area of the internal memory 66") comprising:…
Thus, Claim 12 is met by Hitoshi according to the mapping presented in the rejection of Claim 1, given the range finding device corresponds to a non-transitory computer-readable medium.
Regarding Claim 2, the combination of Hitoshi and Muneyuki discloses the range finding device of Claim 1. Hitoshi does not expressly disclose the limitations of Claim 2; however, Muneyuki discloses wherein
the generation circuit causes the image indicating the measurement result in the composite image for recording to be located at a position and/or have a size with priority on visibility of a subject in the image obtained by using the image sensor compared to the image indicating the measurement result in the composite image for display (Muneyuki, FIG. 12 teaches an acquired telephoto image <read on composite image for recording> being electronically zoomed between iT2 and iT3, where object Q <read on subject> occupies the majority of the image <read on prioritize visibility of subject> and displayed information M2 <read on measurement result> is placed in the upper left corner <read on position>; [0093]: teaches displaying an image <read on composite image for display> with distance information, where additional information <read on measurement result>, such as wind direction, speed, temperature, and humidity, are displayed).
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Muneyuki is analogous art with respect to Hitoshi because they are from the same field of endeavor, namely obtaining range information of targeted subjects through photography. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to implement a system that provides relevant distance information to the user based on the type of image taken, such as a telephoto image as taught by Muneyuki into the teaching of Hitoshi. The suggestion for doing so would allow the user to view more detail of the image while being presented with relevant information that does not obscure the target. Therefore, it would have been obvious to combine Muneyuki with Hitoshi.
Regarding Claim 3, the combination of Hitoshi and Muneyuki discloses the range finding device of Claim 1. Additionally, Hitoshi further discloses wherein the image indicating the measurement result in the composite image for recording satisfies at least one of the following compared to the image indicating the measurement result in the composite image for display:
being positioned at a long distance from a ranging position corresponding to the predetermined position;being small in size;has a thin font;being low in saturation; andthe extent of overlap with a subject region in the image obtained by using the image sensor is small (Hitoshi, FIG. 7 teaches a cross-shaped aiming image 81 being positioned at the center <read on predetermined position> of the composite image in EVF mode, where the composite image displays measurement results, such as 200 YD <read on long distance>).
Regarding Claim 7, the combination of Hitoshi and Muneyuki discloses the range finding device of Claim 1. Additionally, Hitoshi further discloses wherein
in a case where the measurement has been executed multiple times, the generation circuit generates, [[as data of a composite image for recording]], data of a composite image obtained by compositing an image obtained using the image sensor and an image indicating measurement results for the multiple times (Hitoshi, [0029]: teaches a light emission control unit 56 measuring the distance of an object a predetermined number of times <read on case of measurement being executed multiple times>, which is interpreted to be done in real-time, where the distance measurements on the composite image is updated; [0049]: teaches an image synthesis unit 61 <read on generation circuit> generating a composite image "in which the captured image, the aim image, and the images indicating the values <read on generated data of composite image> of the linear distances, the inclination angles, and the horizontal distances are synthesized").
However, Hitoshi does not expressly disclose
in a case where the measurement has been executed multiple times, the generation circuit generates, as data of a composite image for recording, data of a composite image obtained by compositing an image obtained using the image sensor and an image indicating measurement results for the multiple times.
Muneyuki discloses
in a case where the measurement has been executed multiple times, the generation circuit generates, as data of a composite image for recording, data of a composite image obtained by compositing an image obtained using the image sensor and an image indicating measurement results for the multiple times (Muneyuki, [0079]: teaches a distance information acquisition unit 128 acquiring distance information <read on data> from light receiving unit 126, and outputting the distance information to the digital signal processing unit 140 and the display control unit 150, where a superimposed display of the distance information on a telephoto image <read on composite image for recording> is displayed).
Muneyuki is analogous art with respect to Hitoshi because they are from the same field of endeavor, namely obtaining range information of targeted subjects through photography. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to implement a system that allows the user to view superimposed images of a tracked target as taught by Muneyuki into the teaching of Hitoshi. The suggestion for doing so would allow the user to view relevant distance information of a tracked target without requiring switching between modes, thereby improving convenience and use. Therefore, it would have been obvious to combine Muneyuki with Hitoshi.
Claims 4-6 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Hitoshi et al. (JP 2014115191 A), hereinafter referenced as Hitoshi, in view of Muneyuki et al. (JP 2016048825 A), hereinafter referenced as Muneyuki as applied to Claims 1 and 7 above respectively, and further in view of Nishimura et al. (US 20190289201 A1), hereinafter referenced as Nishimura.
Regarding Claim 4, the combination of Hitoshi and Muneyuki discloses the range finding device of Claim 1. The combination of Hitoshi and Muneyuki does not expressly disclose the limitations of Claim 4; however, Nishimura discloses wherein
the generation circuit ends composition of the image indicating the measurement result when a predetermined period has elapsed (Nishimura, [0068]: teaches the operation timing for photographing still and moving images, where capturing a still image ends <read on end composition> when the exposure time ends, which corresponds to a set shutter speed as shown in FIG. 5; FIG. 5 teaches a still image output lasting for one frame <read on predetermined period>).
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Nishimura is analogous art with respect to Hitoshi, in view of Muneyuki because they are from the same field of endeavor, namely obtaining images through photography. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to implement a simultaneous capturing system that uses a frame of a captured moving image as a still image as taught by Nishimura into the teaching of Hitoshi, in view of Muneyuki. The suggestion for doing so would allow for simultaneous capture without requiring the need to switch between modes, thereby improving convenience. Therefore, it would have been obvious to combine Nishimura with Hitoshi, in view of Muneyuki.
Regarding Claim 5, the combination of Hitoshi, Muneyuki, and Nishimura discloses the range finding device of Claim 4. The combination of Hitoshi and Muneyuki does not expressly disclose the limitations of Claim 5; however, Nishimura discloses wherein
the predetermined period is longer in a case where a moving image is recorded than in a case where a still image is recorded (Nishimura, FIG. 5 teaches a still image output lasting for one frame, where the moving image output lasts for more than one frame).
Nishimura is analogous art with respect to Hitoshi, in view of Muneyuki because they are from the same field of endeavor, namely obtaining images through photography. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to implement a simultaneous capturing system that uses a frame of a captured moving image as a still image as taught by Nishimura into the teaching of Hitoshi, in view of Muneyuki. The suggestion for doing so would allow for simultaneous capture without requiring the need to switch between modes, thereby improving convenience. Therefore, it would have been obvious to combine Nishimura with Hitoshi, in view of Muneyuki.
Regarding Claim 6, the combination of Hitoshi, Muneyuki, and Nishimura discloses the range finding device of Claim 4. The combination of Hitoshi and Muneyuki does not expressly disclose the limitations of Claim 6; however, Nishimura discloses wherein
in a case where a moving image is recorded, a moving image that includes the composite image for recoding as a frame are recorded during the predetermined period (Nishimura, [0072]: teaches a still image <read on recorded frame for composite image for recording> being captured during moving image capturing <read on moving image recording>).
Nishimura is analogous art with respect to Hitoshi, in view of Muneyuki because they are from the same field of endeavor, namely obtaining images through photography. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to implement a simultaneous capturing system that captures both still and moving images (i.e., video) as taught by Nishimura into the teaching of Hitoshi, in view of Muneyuki. The suggestion for doing so would allow for simultaneous capture without requiring the need to switch between modes, thereby improving convenience. Therefore, it would have been obvious to combine Nishimura with Hitoshi, in view of Muneyuki.
Regarding Claim 9, the combination of Hitoshi and Muneyuki discloses the range finding device of Claim 7. The combination of Hitoshi and Muneyuki does not expressly disclose the limitations of Claim 9; however, Nishimura discloses wherein
the image indicating the measurement results for the multiple times is an image in which reduced images of the composite images for display that have been generated for the respective measurement results are arranged in a line (Nishimura, [0160]: teaches screens (A) and (B) <read on image of reduced images> including a plurality of thumbnails <read on reduced images of composite images for display> organized in rows and columns, where the thumbnails include icons for types of capturing modes used during image capture as shown in FIG. 34).
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Nishimura is analogous art with respect to Hitoshi, in view of Muneyuki because they are from the same field of endeavor, namely obtaining images through photography. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to include an organized menu of photos as thumbnails with icons on them that indicate the type of capturing mode was used as taught by Nishimura into the teaching of Hitoshi, in view of Muneyuki. The suggestion for doing so would allow the user to determine which modes were used for certain shots, thereby informing the user of relevant information, such as what type of camera angle was used, and reuse it using via the reproducing button. Therefore, it would have been obvious to combine Nishimura with Hitoshi, in view of Muneyuki.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Hitoshi et al. (JP 2014115191 A), hereinafter referenced as Hitoshi, in view of Muneyuki et al. (JP 2016048825 A), hereinafter referenced as Muneyuki as applied to Claim 7 above respectively, and further in view of Zhu et al. (US 20220019248 A1), hereinafter referenced as Zhu.
Regarding Claim 8, the combination of Hitoshi and Muneyuki discloses the range finding device of Claim 7. The combination of Hitoshi and Muneyuki does not expressly disclose the limitations of Claim 8; however, Zhu discloses wherein
the image indicating the measurement results for the multiple times is an image in which measured distances are arranged in a line (Zhu, FIG. 16 teaches tracking biker 1640a, where an augmented graphical overlay 1622a <read on image that indicates measurement results for multiple times> includes and updates the tracked biker's speed, distance, and direction, which are arranged in a list <read on arranged in a line>).
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Zhu is analogous art with respect to Hitoshi, in view of Muneyuki because they are from the same field of endeavor, namely capturing images of a tracked subject. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to implement a GUI system that provides relevant data of a tracked subject in an image, such as speed, distance, and direction as taught by Zhu into the teaching of Hitoshi, in view of Muneyuki. The suggestion for doing so would allow for real-time updates of the tracked subject and provide additional information that the user can use, such as accounting for the speed of the tracked subject to keep said subject in frame. Therefore, it would have been obvious to combine Zhu with Hitoshi, in view of Muneyuki.
Allowable Subject Matter
Claim 10 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 10 would be allowable for disclosing in a case where the measurement has been executed multiple times with respect to a same subject, the generation circuit uses, as the image indicating the measurement results for the multiple times, an image in which measured distances are arranged in a line, and in a case where the measurements for the multiple times have not been executed with respect to the same subject, the generation circuit uses, as the image indicating the measurement results for the multiple times, an image in which reduced images of the composite images for display that have been generated for the respective measurement results are arranged in a line.
The most relevant arts searched do not teach the cited limitations of Claim 10 “the range finding device according to claim 7, wherein in a case where the measurement has been executed multiple times with respect to a same subject, the generation circuit uses, as the image indicating the measurement results for the multiple times, an image in which measured distances are arranged in a line, and in a case where the measurements for the multiple times have not been executed with respect to the same subject, the generation circuit uses, as the image indicating the measurement results for the multiple times, an image in which reduced images of the composite images for display that have been generated for the respective measurement results are arranged in a line.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kempf et al. (US 20210326603 A1) discloses scanning a side of an object to identify a region of interest;
Kobayashi et al. (US 20250024124 A1) discloses an information processing method that includes a linking step of linking first imaging processing of generating a first image file;
Nakamura et al. (US 20210158562 A1) discloses an object detection system that uses a TOF sensor to measure distances;
Makii (US 20090244317 A1) discloses an image capturing unit that captures a subject and allows for composition editing of effects, where a GUI allows the user to determine the position and time of the edits; and
Matas et al. (US 20080052945 A1) discloses thumbnail images that are sorted in chronological order in a photo album.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KARL TRUONG whose telephone number is (703)756-5915. The examiner can normally be reached 10:30 AM - 7:30 PM.
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, Kent Chang can be reached at (571) 272-7667. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.D.T./Examiner, Art Unit 2614
/YuJang Tswei/Primary Examiner, Art Unit 2614
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