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 .
Response to Amendment
Claims 1-19 are pending, of which claims 6-18 are withdrawn from consideration for being directed towards non-elected species. Clams Claims 1, 4, and 19 are amended.
Response to Arguments
Pursuant to persuasive arguments laid forth by the Applicant, the interpretation under 35 USC 112(f) made in the previous Office Action is withdrawn.
Applicant's arguments filed 4/23/2026 have been fully considered but they are not persuasive. Regarding claims 1 (and likewise claim 19), applicant argues –
However, while Kim et al. discloses focusing on a subject located within the focus area and fixing a focus of the subject, and adjusting the focus with respect to the focus area when a movement of the subject is detected within the tracking area that includes the focus area, discloses that the control unit 170 can control a series of steps for adjusting a focus by considering the movement of the subject within the focus area, discloses a case B is illustrated in which the subject moves outside the active tracking area 220 when the focusing on the subject 510 within the focus area 230 is completed, discloses that, when the subject moves outwardly from the active tracking area 220 after the focusing on the subject 510 is completed, the control unit 170 does not track the movement of the subject but initiates steps of adjusting the focusing with respect to the focus area 230, and discloses that, therefore, focusing can be continuously maintained with respect to a particular area, as can readily be seen, Kim et al. fails to
disclose, teach, or suggest the focal position controller is further configured to: adjust the focal position on an object existing in a target region between a first position where a distance from the imaging device is a first distance and a second position where a distance from the imaging device is a second distance shorter than the first distance and performing a predetermined motion; keep adjusting the focal position on the object while the object exists in the target region and performs the predetermined motion; and stop keeping adjusting the focal position on the object when the object moves out of the target region or the object no longer performs the predetermined motion, wherein the object information acquisition unit is further configured to comprise a time of flight (TOF) sensor to acquire the position information as three-dimensional (3D) coordinates, and the predetermined motion is represented in the 3D coordinates, as recited in amended claim 1.
Examiner does not agree with Applicant’s arguments and conclusions drawn therefrom. If read carefully Kim clearly states that “when the subject moves outwardly from the active tracking area 220 after the focusing on the subject 510 is completed, the control unit 170 does not track the movement of the subject” but rather “initiates steps of adjusting the focusing with respect to the focus area 230”. And thus, “focusing can be continuously maintained with respect to a particular area”. Here, it is clear that the tracking and focusing on the subject (according to claim language “an object”) is stopped, when the subject goes out of bound with respect to tracking area 220. Right thereafter, control unit initiates steps for adjusting focusing with respect the focus area 230, for a potential new subject in the focus area 230 [which is not the same object that went out of bounds]. Therefore, to continuously focusing described in ¶0064 means focusing with respect to focus area 230 regardless of which object is located therein, where a previously focus locked object is relinquished from tracking and focusing when it goes out of bounds from tracking area 220. Therefore, based on the rebuttal provided above, Examiner contends that Kim adequately discloses the limitations of claims 1 and 19.
The newly added limitation pertaining to ToF sensor is disclosed in new reference, Kim et al. (US 20120121241 A1). For details see the rejection below.
Claim Rejections - 35 USC § 103
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 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 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 of this title, 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, 2, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 20120121241 A1, hereinafter Kim) in view of Kim et al. (US 20240118763 A1, hereinafter Kim’763).
Regarding claim 1, Kim discloses an imaging device capable of imaging an object (100, fig. 1, title, abstract), the imaging device comprising:
an imaging element (130, fig. 1);
an object information acquisition unit (170, fig. 1, ¶0040) configured to acquire position information of an object existing in an imaging region of the imaging element (The method includes setting an arbitrary area of a preview screen as a focus area, the preview screen being divided into at least one tracking area, focusing on a subject located within the focus area and fixing a focus of the subject, and adjusting the focus with respect to the focus area when a movement of the subject is detected within the tracking area that includes the focus area – Abstract); and
a focal position controller (170, fig. 1, ¶0040) configured to control a focal position of the imaging device (step s320, fig. 3),
wherein the focal position controller is further configured to:
adjust the focal position on an object existing in a target region between a first position where a distance from the imaging device is a first distance and a second position where a distance from the imaging device is a second distance shorter than the first distance and performing a predetermined motion (The method includes setting an arbitrary area of a preview screen as a focus area, the preview screen being divided into at least one tracking area, focusing on a subject located within the focus area and fixing a focus of the subject, and adjusting the focus with respect to the focus area when a movement of the subject is detected within the tracking area that includes the focus area – Abstract);
keep adjusting the focal position on the object while the object exists in the target region and performs the predetermined motion (ibid, abstract, fig. 3); and
Kim is not found disclosing expressly the limitation of, stop keeping adjusting the focal position on the object when the object moves out of the target region or the object no longer performs the predetermined motion, wherein the object information acquisition unit is further configured to comprise a time of flight (TOF) sensor to acquire the position information as three-dimensional (3D) coordinates, and the predetermined motion is represented in the 3D coordinates.
However, in ¶0063, Kim discloses, Referring to FIG. 6, a case B is illustrated in which the subject moves outside the active tracking area 220 when the focusing on the subject 510 within the focus area 230 is completed. When the subject moves outwardly from the active tracking area 220 after the focusing on the subject 510 is completed, the control unit 170 does not track the movement of the subject but initiates steps of adjusting the focusing with respect to the focus area 230. Therefore, focusing can be continuously maintained with respect to a particular area.
The disclosure mentions that that focus is maintained for a subject even when it moves outside of the tracking area 220, if a focus was locked or completed before leaving the tracking area 220. Therefore, an obvious extension of the disclosure is, if a focus lock is not attained before leaving the tracking area 220, the system steps keeping adjusting focus position on the object.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to include the step of stop keeping adjusting the focal position on the object when the object moves out of the target region or the object no longer performs the predetermined motion, when a focus lock is not attained before leaving the area 220, because, it is an obvious extension of the teaching disclosed in ¶0063, the extension is found by combining prior art elements ready to be improved according to known method to yield predictable results. Furthermore, when a focus lock is not achieved before leaving the tracking area, stopping the focus would make the system power efficient by not attempting to focus on subject that has already moved out of bounds.
Kim’763 on the other hand discloses that a time-of-flight sensor can obtain position information of an object as 3D coordinate and object motion can be determined based on the acquired 3D coordinate (¶0017, 0019, 0024, 0128, 0163, 0204, 0221, 0223, 0228, 0232, claims 10, 15 etc.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the invention of Kim with the teaching of Kim763 of using a ToF sensor to function as movement detection unit 173, to detect the object’s motion that is intended for potential tracking and focusing, to obtain, wherein the object information acquisition unit is further configured to comprise a time of flight (TOF) sensor to acquire the position information as three-dimensional (3D) coordinates, and the predetermined motion is represented in the 3D coordinates, because, combining prior art elements ready to be improved according to known method to yield predictable results is obvious (see MPEP §2143.I).
Regarding claim 2, Kim in view of Kim’763 discloses the imaging device according to claim 1, wherein, when the object moves from an outside of the target region to an inside of the target region, the focal position controller is further configured to recognize the object as a target on which the focal position is to be adjusted (Abstract, ¶0063).
Regarding method claim(s) 19, although wording is different, the material is considered substantively equivalent to the device claim(s) 1 as described above.
Claims 3, and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Kim’763 and Habe (US 20190170968 A1).
Regarding claim 3, Kim in view of Kim’763 discloses the imaging device according to claim 1, except, wherein the focal position controller is further configured to control the focal position by moving a position of an optical element provided in the imaging device.
However, Habe discloses a focus and tracking lock on a subject (abstract, fig. 7, ) and that focal position controller is further configured to control the focal position by moving a position of an optical element provided in the imaging device (¶0015, ¶0021).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to make the focal position controller is further configured to control the focal position by moving a position of an optical element provided in the imaging device, because, combining prior art elements ready to be improved according to known method to yield predictable results is obvious.
Regarding claim 5, Kim in view of Kim’763 discloses the imaging device according to claim 1, except, wherein the focal position controller is further configured to adjust the focal position on an object existing in the target region and facing a predetermined direction.
However, Habe discloses that motion vector 71 is used in determining the movement direction and amount, which is used for tracking the subject for focusing efficiently (see ¶0024, ¶0046).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the invention of Kim to include ethe teaching of Habe of acquiring motion vector information of a subject to define and modify the af area and target area of Kim for focus tacking, to obtain, wherein the focal position controller is further configured to adjust the focal position on an object existing in the target region and facing a predetermined direction, because, combining prior art elements ready to be improved according to known method to yield predictable results is obvious.
Claim 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Kim’763 and Takano et al. (US 20110115945 A1, hereinafter Takano).
Regarding claim 4, Kim in view of Kim’763 discloses the imaging device according to claim 1, except, wherein the focal position controller is further configured to adjust the focal position on an object existing in the target region and having a predetermined shape.
However, Takano discloses that focus could be based on face detection (304, fig. 5, ¶0080), which is understood having a predetermined shape.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the invention of Kim to include the teaching of Takano of focusing on facial shape within tracking area, to obtain, the focal position controller is further configured to adjust the focal position on an object existing in the target region and having a predetermined shape, because, combining prior art elements ready to be improved according to known method to yield predictable results is obvious.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAHBAZ NAZRUL whose telephone number is (571)270-1467. The examiner can normally be reached M-Th: 9.30 am-3 pm, 6.30 pm-9 pm, F: 9.30 am-1.30 pm, 4 pm-8 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lin Ye can be reached on 571-272-7372. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAHBAZ NAZRUL/Primary Examiner, Art Unit 2638
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