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 .
Continued Examination Under 37 CFR 1.114
2. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/20/2026 has been entered.
Response to Arguments
3. Applicant’s arguments, on pages 9-10 of the amendment filed on 03/20/2026, with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant's arguments, on pages 11-12 of the amendment filed on 03/20/2026, have been fully considered but they are not persuasive. Applicant argued that the combination of Tang and Teng would require substantial modification and hindsight reconstruction.
In response to applicant's argument that the combination of Tang and Teng would require substantial modification, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). Furthermore, In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
Claim Rejections - 35 USC § 103
4. 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.
5. 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.
6. Claim(s) 1-12, 15-16 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tang et al. (US 2015/0350546) hereinafter “Tang” in view of Teng et al. (US 2023/0247293) previously cited by the Examiner, hereinafter “Teng”.
As per claim 1, Tang discloses a video shooting method, comprising: determining a category of an object before shooting a video of the object (Fig. 3, step S204; paragraph 0043, In step 204, it is determined whether the category of the object is a preset category); and
determining, based on the category of the object, a target camera motion mode…for shooting the video of the object (Fig. 3; paragraphs 0045-0046, If the category of the object is the preset category, then in step 205, a camera of the terminal device will focus on the object…If the category of the object is not the preset category, the process can directly end. For example, when taking photos of a person, if the person does not move, but a small animal moves on the shooting screen, so it can be determined that the category of the small animal is not the preset category by the category identification, and it can be decided not to perform the adjustment of the focus length); and
While the embodiment of Fig. 3 does not disclose shooting the video of the object by a shooting device under the target camera motion mode, wherein under the target camera motion mode, the shooting device conducts at least one of linear motion or rotation motion relative to the object, paragraphs 0090-0092 teach shooting the video of the object by a shooting device under the target camera motion mode (In another embodiment of the present disclosure, as shown in FIG. 10, the apparatus may further include a shooting control unit 14…The shooting control unit 14 is configured to capture photos or videos of the object, after focusing on it), wherein under the target camera motion mode, the shooting device conducts at least one of linear motion or rotation motion relative to the object (paragraph 0030, The step of focusing may include turning the camera lens of the terminal device, and also may include controlling the movement of the terminal device relative to the object, for example the terminal device is installed on a slide rail and the terminal device's movement on the slide rail is controlled).
Therefore, it would have been obvious for one having skill in the art before the effective filing date of the claiming invention to modify Tang’s embodiment of Fig. 3 in view of the teachings of paragraphs 0090-0092 related to another embodiment, by shooting the video of the object after focusing on it, so that the best image or scene during the movement of the object can be recorded (paragraph 0092).
However, Tang does not explicitly disclose determining, based on the category of the object, a target camera motion mode from a plurality of camera motion modes.
In the same field of endeavor, Teng discloses determining, based on the category of the object, a target camera motion mode from a plurality of camera motion modes (see paragraphs 0186, 0197 and table 2 in paragraph 0234).
One of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to combine the elements taught by Tang, with those of Teng, because both references are drawn to the same field of endeavor, because indeed both references are related to camera movement mode determination based on object or subject information, and because such a combination represents a mere combination of prior art elements, according to known methods, to yield a predictable result, such us obtaining or creating high-quality video. This rationale is applied to all combination of Tang and Teng used in this Office Action unless otherwise noted.
As per claim 2, Tang discloses wherein the determining of the category of the object before shooting the video of the object comprises: determining the category of the object based on an object setting instruction input by a user (paragraph 0044, The user can set multiple preset categories in advance).
As per claim 3, Tang discloses wherein the determining of the category of the object before shooting the video of the object comprises: obtaining an image comprising the object; and identifying the image to determine the category of the object (paragraph 0042).
As per claim 4, arguments analogues to those applied for claim 1 are applicable for claim 4; in addition, Tang discloses automatically determining, based on the category of the object and a correspondence between the category of the object and the target camera motion mode, the target camera motion mode for shooting the video of the object (paragraph 0004, others may refocus after adjusting is automatically repeated on the defocused picture; paragraph 0042, the camera of the terminal device can automatically follow the object and focus on the object when the object on the shooting screen is moving, so that the focus process maybe more automated and less time consuming).
As per claim 5, arguments analogous to those applied for claim 4 are applicable for claim 5.
As per claim 6, Tang and Teng discloses the method according to claim 5, wherein the correspondence comprises at least one of a preset correspondence between the category of the object and the target camera motion mode (see paragraphs 0044-0046 of Tang; see also table 2 of Teng), or a correspondence generated based on obtained video between the category of the object and the target lens motion mode.
As per claim 7, arguments analogous to those applied for claim 4 are applicable for claim 7.
As per claim 8, Tang discloses wherein the shooting of the video of the object with the target camera motion mode (paragraphs 0090-0092) comprises: generating a control instruction based on a lens motion parameter of the target lens motion mode (paragraphs 0081-0083); and controlling at least one of a carrying mechanism or a video shooting device according to the control instruction (paragraph 0062, when focusing on an object, a camera lens of the terminal device can be controlled to rotate relative to the terminal device, or the terminal device can be controlled to move relative to the object; see also paragraph 0083).
As per claim 9, Tang discloses wherein the camera motion parameter comprises at least one of a camera motion direction parameter, a camera motion speed parameter, or a camera motion duration parameter (paragraphs 0084-0085).
As per claim 10, Tang discloses wherein the controlling of at least one of the carrying mechanism or the video shooting device according to the control instruction comprises: adjusting at least one of a shooting direction or a shooting position of the video shooting device (paragraphs 0084-0085) by automatically controlling the carrying mechanism for carrying the video shooting device according to the control instruction (paragraph 0030, The step of focusing may include turning the camera lens of the terminal device, and also may include controlling the movement of the terminal device relative to the object, for example the terminal device is installed on a slide rail and the terminal device's movement on the slide rail is controlled; see also paragraph 0032, the camera of the terminal device can automatically follow the object and focus on the object when the object on the shooting screen is moving, so that the focus process maybe more automated and less time consuming); and controlling the video shooting device to shoot the video of the object during the adjusting (Fig. 3; paragraph 0037).
As per claim 11, arguments analogous to those applied for claim 8 are applicable for claim 11.
As per claim 12, Tang discloses wherein the carrying mechanism comprises at least one of a motion mechanism or a rotating mechanism, the motion mechanism is configured to drive the video shooting device to move (paragraph 0030), and the rotating mechanism is configured to drive the video shooting device to rotate.
As per claim 15, Teng discloses wherein the shooting of the video of the object with the target camera motion mode comprises: sending a prompt of the target camera motion mode to a user to allow the user to shoot the video of the object with the target camera motion mode according to the prompt (paragraphs 0275-0276, the adjusting a framing range of the lens may also be sending a prompt message to a user to prompt the user to manually adjust the framing range of the lens, so as to ensure that the determined main subject is always within the framing range of the lens).
As per claim 16, Tang discloses wherein the shooting of the video of the object with the target camera motion mode comprises: performing, in a process of video shooting of the shooting object, shooting control according to shooting control parameters corresponding to the target camera motion mode (Fig. 3; paragraphs 0037-0047), so as to achieve shooting control corresponding to the target camera motion mode (intended use statement).
As per claim 18, Tang discloses entering an object shooting mode according to a mode setting instruction input by a user, wherein the object shooting mode is configured to determine a camera motion mode according to the category of the object (paragraph 0029, if the user selects the “portrait” shooting function, the camera can only focus on the object with the speed falling into a range of about 3 Km/h — 10 Km/h, and high speed vehicles behind persons to be shot will be disregarded. Similarly, the cameras installed over the roads for catching speeding vehicles are only interested in the vehicles with the speed of movement more than the preset speed, but the vehicles, pedestrians or animals with the speed less than the preset speed will be disregarded).
As per claim 19, arguments analogous to those applied for claim 1 are applicable for claim 19; in addition see Fig. 11 of Tang regarding using at least one memory storing a set of instructions and at least one processor for executing said set of instructions.
As per claim 20, arguments analogous to those applied for claims 8 and 19 are applicable for claim 20.
7. Claim(s) 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tang et al. (US 2015/0350546) in view of Teng et al. (US 2023/0247293) in further view of LIANG et al. (US 2020/0137292) hereinafter “LIANG”.
As per claim 13, the combination of Tang and Teng discloses the method according to claim 12, wherein the motion mechanism comprises a slider rail or a body of a movable vehicle (see paragraph 0030 of Tang); however, Tang or Teng do not explicitly disclose wherein the rotating mechanism comprises a gimbal, and the gimbal is fixedly or detachably installed on the video shooting device.
In the same field of endeavor, LIANG discloses wherein the rotating mechanism comprises a gimbal, and the gimbal is fixedly or detachably installed on the video shooting device (FIG. 1).
One of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to combine the elements taught by the combination of Tang and Teng, with those of LIANG, because all references are drawn to the same field of endeavor, because indeed all references are related to adjusting shooting direction or shooting position based on control instruction, and because such a combination represents a mere combination of prior art elements, according to known methods, to yield a predictable result.
As per claim 14, Tang discloses wherein the motion mechanism comprises a slide rail or a body of a vehicle, and the video shooting device is installed on the slide rail or is installed on the body of the vehicle via the gimbal (paragraph 0030).
8. Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tang et al. (US 2015/0350546) in view of Teng et al. (US 2023/0247293) in further view of TAKAYANAGI (US 2009/0009651).
As per claim 17, Tang in view of Teng disclose the method according to claim 1; however, Tang or Teng do not explicitly disclose performing image processing on video frames of the video of the object with image processing parameters corresponding to the target camera motion mode, so as to achieve image processing corresponding to the target camera motion mode.
In the same field of endeavor, TAKAYANAGI discloses performing image processing on video frames of the video of the object with image processing parameters corresponding to the target camera motion mode (Fig. 4; paragraph 0063, A method of calculating an AF score that is used for the automatic focus control will be described. FIG. 4 is an internal block diagram of an AF evaluation portion for calculating the AF score. The AF evaluation portion shown in FIG. 4 has a structure including an extracting portion 21, an HPF (high pass filter) 22 and an accumulating portion 23. The AF evaluation portion shown in FIG. 4 is disposed in the main control unit 13, for instance. The AF score is calculated for each of the frame images), so as to achieve image processing corresponding to the target camera motion mode (intended use statement).
One of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to combine the elements taught by Tang, with those of TAKAYANAGI, because both references are drawn to the same field of endeavor, because indeed both references are related to an automated focus processing based on a subject distance, and because such a combination represents a mere combination of prior art elements, according to known methods, to yield a predictable result, such as maintaining a focus state of a subject at a maximum value (TAKAYANAGI, paragraph 0006).
9. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. (US 20220201221, WO 2019139404)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED JEBARI whose telephone number is (571)270-7945. The examiner can normally be reached M-F: 09:00am-06:00pm.
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/MOHAMMED JEBARI/Primary Examiner, Art Unit 2482