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 .
Claim Rejections - 35 USC § 102
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.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 3-6, and 8-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sun (US 2021/0303830 A1).
Claim 1, Sun teaches an apparatus comprising:
an image sensor (camera of handheld device; paragraph 0047 and Fig. 4);
an operation member configured to receive an instruction (user input interface 410; paragraph 0040 and Fig. 4);
a communicator configured to communicate with another apparatus (control circuitry 404 including communications circuitry; paragraph 0037); and
one or more processors that execute a program stored in a memory 406 and storage 408; paragraph 0038 and Fig. 4) to function as:
an acquisition unit configured to acquire an image (capture an image in step 702; paragraph 0077 and Fig. 7);
a detection unit configured to detect objects from the image (plurality of objects within a frame are identified in step 706; paragraph 0078); and
a selection unit configured to select at least one of the objects as a main object (specific object is selected for tracking; paragraph 0056, 0075), wherein, in a case where the selected main object is detected in the another apparatus (images from remote camera are received and matched objects are identified in step 708-710; paragraph 0078), the communicator also transmits the instruction issued to the operation member to the another apparatus (remote cameras are used to track the selected object in step 712 and Fig. 13; paragraph 0079-0080).
Claim 3, Sun further teaches wherein, if an imaging instruction is issued to the operation member, the communicator transmits to the another apparatus an instruction to perform imaging (command is transmitted to remote camera to track, i.e., capture images of, an identified object; paragraph 0080).
Claim 4, Sun further teaches wherein execution of the stored instructions further configures the processor to function as a registration unit configured to register a specific object (a specific object is selected; paragraph 0056), wherein, in a case where the detection unit detects the specific object, the selection unit determines the specific object as the main object (the specific object is tracked; paragraph 0056, 0075, 0079).
Claim 5, Sun further teaches wherein execution of the stored instructions further configures the processor to function as an extraction unit configured to extract a feature amount from the image (feature extraction is used to identify objects; paragraph 0028), and wherein the selection unit determines the main object based on similarity of the feature amount acquired by the extraction unit (machine learning techniques using feature extraction is used to identify main objects; paragraph 0048, 0028).
Claim 6, Sun further teaches wherein execution of the stored instructions further configures the processor to function as a notification unit configured to make a notification to a user (control circuitry 404 executes instructions for a notification delivery application; paragraph 0036), and wherein the notification unit notifies the user of whether the main object is detected in the another apparatus (image 304 shows a tracked swimmer between two cameras; paragraph 0034 and Fig. 3).
Claim 8, Sun further teaches a display unit configured to display an image (display 410; Fig. 4), wherein the notification unit makes the notification using the display unit (an image 304 is displayed to show a tracked swimmer as tracked between two cameras; paragraph 0034 and Fig. 3).
Claim 9, Sun further teaches wherein the notification unit makes the notification by displaying an image of the main object captured by the another apparatus on the display unit (an image 304 is displayed to show a tracked swimmer as tracked between two cameras; paragraph 0034 and Fig. 3).
Claim 10, Sun further teaches wherein the another apparatus is a camera for performing remote imaging (remote camera 306, 308; paragraph 0080 and Fig. 3).
Claim 11 is analyzed and rejected as a method claim for performing the functions of the apparatus of claim 1.
Claim 12 is analyzed and rejected as a non-transitory computer-readable storage medium storing instructions that, when executed by a processor, performs the functions of the apparatus of claim 1.
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.
Claim(s) 2 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sun (US 2021/0303830 A1).
Claim 2, Sun teaches the apparatus according to claim 1, and further teaches wherein, if an adjustment instruction is issued to the operation member (zoom operation; paragraph 0079), the communicator transmits to the another apparatus an instruction to perform the adjustment on the main object (command is transmitted to camera to perform a zoom operation; paragraph 0079),
but Sun is silent regarding wherein the adjustment is a focus adjustment.
However, Sun teaches wherein focus is performed (paragraph 0002, 0011). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have transmitted a focus instruction in addition to the zoom instruction of Sun such that the tracking application enables a user to have a better view of the object that the user is focused on (see paragraph 0011).
Claim 7, Sun teaches the apparatus according to claim 6, and further teaches a speaker (speaker 414; paragraph 0040) but is silent regarding wherein the notification unit makes the notification by vibration or sound.
However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have used the speaker of Sun to notify a user that a specific subject is identified, using a keyword (e.g., a name of an object; paragraph 0075), such that even a visually impaired user can be notified of a successful tracking operation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 attached.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHIAWEI A CHEN whose telephone number is (571)270-1707. The examiner can normally be reached Mon-Fri 12:00pm - 9:00pm EST.
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/CHIAWEI CHEN/Primary Examiner, Art Unit 2637