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 .
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.
Response to Arguments
Applicant's arguments filed on 02/06/2026 with respect to amended claims 1 –19 have been considered but are moot in view of the new ground(s) of rejection.
Applicant has amended the specification to overcome the objection to the specification provided in the previous office action.
Applicant has amended the claims to overcome the 35 U.S.C. 112f interpretation and 35 U.S.C. 112a/b rejections provided in the previous office actions.
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:
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.
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, 5, 11 – 12, and 14 – 19 are rejected under 35 U.S.C. 103 as being unpatentable over CUI (US PgPub No. 2022/0394190) in view of Ma (US PgPub No. 2017/0061637).
Regarding claim 1, CUI teaches a video processing apparatus comprising one or more processors and/or circuitry (figure 1 item 100 with processor/circuit figure 8 and paragraphs 0063 and 0242) which functions as: a detection unit that detects a predetermined subject or subjects from video obtained from an image capturing unit that repeatedly shoots and outputs video (paragraphs 0214 - 0216, 0227 - 0029); an acquisition unit that acquires information on a partial area set in the video obtained from the image capturing unit (Paragraphs 0168 – 0169 and 0178 checking zoom and adjusting display of figure 4(2) items 403 and 405); and a determination unit that determines a main subject based on a priority of each subject within the partial area from among the subject or subjects detected by the detection unit (paragraphs 0214, 0227 – 0029; focus on to be photographed object).
However, CUI fails to clearly teach acquires, from a video distribution apparatus that distributes video, information on a partial area or areas which are candidates for an area of the video to be distributed; determines a main subject based on a priority of subject or subjects within the partial area or areas from among the subject or subjects detected. Ma, on the other hand teaches acquires, from a video distribution apparatus that distributes video, information on a partial area or areas which are candidates for an area of the video to be distributed; determines a main subject based on a priority of subject or subjects within the partial area or areas from among the subject or subjects detected.
More specifically, Ma teaches acquires, from a video distribution apparatus that distributes video (paragraph 0057), information on a partial area or areas which are candidates for an area of the video to be distributed (figures 8 – 11 also figures 12 – 18; area(s) and object); determines a main subject based on a priority of subject or subjects within the partial area or areas from among the subject or subjects detected (figures 8 – 11 also figures 12 – 18; area(s) and 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 incorporate the teachings of Ma with the teachings of CUI because in at least paragraphs 0004, 0080, and 0088 Ma teaches a device with improved object detection and tracking system, also in paragraphs 0104 and 0128 Ma teaches a system with signal to noise reduction, thereby improving the system of CUI when combined.
Regarding claim 2, as mentioned above in the discussion of claim 1, CUI in view of Ma teach all of the limitations of the parent claim.
Additionally, CUI teaches an operation unit that designates a main subject from among the subject or subjects detected by the detection unit (paragraphs 0214 - 0216, 0227 - 0029), the operation unit is given priority over the determination unit (paragraphs 0214 - 0216, 0227 - 0029), and in a case where a main subject is not designated by the operation unit, the determination unit determines a main subject (paragraph 0227; automatically determine object).
Regarding claim 3, as mentioned above in the discussion of claim 2, CUI in view of Ma teach all of the limitations of the parent claim. Additionally, CUI teaches a setting unit that, in a case where a subject is designated by a predetermined operation by the operation unit, sets the designated subject as a main subject regardless of whether or not the designated subject is within the partial area (paragraphs 0214 - 0216, 0227 - 0029).
Regarding claim 5, as mentioned above in the discussion of claim 3, CUI in view of Ma teach all of the limitations of the parent claim. Additionally, CUI teaches wherein the acquisition unit acquires information on the partial area whose video is distributed to outside, and the determination unit determines a main subject from a subject or subjects within the partial area whose video is distributed to outside (paragraphs 0153, 0149, 0223, 0226, and 0240; outside range).
Regarding claim 11, as mentioned above in the discussion of claim 1, CUI in view of Ma teach all of the limitations of the parent claim. Additionally, CUI teaches wherein, in a case where the determined main subject moves and exits from the partial area, the determination unit sets a higher priority to a subject in a partial area that is in a moving direction of the main subject, and also sets a higher priority to a subject in the partial area to which the main subject belonged before (paragraphs 0214 - 0216, 0227 – 0029; movement from inside to outside area and set priority).
Regarding claim 12, as mentioned above in the discussion of claim 8, CUI in view of Ma teach all of the limitations of the parent claim. Additionally, CUI teaches wherein the determination unit gives a higher priority to a subject that belongs to a larger number of partial areas (paragraph 0216; plurality of areas related to subject).
Regarding claim 14, CUI teaches an image capturing apparatus (figure 1 item 100 with cameras) comprising: a video processing apparatus comprising one or more processors and/or circuitry (figure 1 item 100 with processor/circuit figure 8 and paragraphs 0063 and 0242) which functions as: a detection unit that detects a predetermined subject or subjects from video obtained from an image capturing unit that repeatedly shoots and outputs video (paragraphs 0214 - 0216, 0227 - 0029); an acquisition unit that acquires information on a partial area set in the video obtained from the image capturing unit (Paragraphs 0168 – 0169 and 0178 checking zoom and adjusting display of figure 4(2) items 403 and 405); and a determination unit that determines a main subject based on a priority of a subject within the partial area from among the subject or subjects detected by the detection unit (paragraphs 0214, 0227 – 0029; focus on to be photographed object); and the image capturing unit that repeatedly shoots and outputs video (figure 1 item 193 and paragraphs 0011, 0032, 0020 – 0023, 0037 – 0039, and 0208).
However, CUI fails to clearly teach acquires, from a video distribution apparatus that distributes video, information on a partial area or areas which are candidates for an area of the video to be distributed; and a determination unit that determines a main subject based on a priority of each subject or subjects within the partial area or areas from among the subject or subjects detected. Ma, on the other hand teaches acquires, from a video distribution apparatus that distributes video, information on a partial area or areas which are candidates for an area of the video to be distributed; and a determination unit that determines a main subject based on a priority of each subject or subjects within the partial area or areas from among the subject or subjects detected.
More specifically, Ma teaches acquires, from a video distribution apparatus that distributes video (paragraph 0057), information on a partial area or areas which are candidates for an area of the video to be distributed (figures 8 – 11 also figures 12 – 18; area(s) and object); and a determination unit that determines a main subject based on a priority of each subject or subjects within the partial area or areas from among the subject or subjects detected (figures 8 – 11 also figures 12 – 18; area(s) and 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 incorporate the teachings of Ma with the teachings of CUI because in at least paragraphs 0004, 0080, and 0088 Ma teaches a device with improved object detection and tracking system, also in paragraphs 0104 and 0128 Ma teaches a system with signal to noise reduction, thereby improving the system of CUI when combined.
Regarding claim 15, as mentioned above in the discussion of claim 14, CUI in view of Ma teach all of the limitations of the parent claim. Additionally, CUI teaches a focus adjustment control unit that focuses on the main subject (paragraph 0228).
Regarding claim 16, as mentioned above in the discussion of claim 14, CUI in view of Ma teach all of the limitations of the parent claim. Additionally, CUI teaches an exposure control unit that adjusts exposure to the main subject (paragraph 0088).
Regarding claim 17, CUI teaches a video distribution system (figure 1 item 100 with cameras) comprising: a setting unit, implemented by at least one processor and/or circuit (figure 1 item 100 with processor/circuit figure 8 and paragraphs 0063 and 0242), that sets at least one partial area or areas in video shot by an image capturing apparatus (figure 3(1) – 3(3)) comprising: a video processing apparatus comprising one or more processors and/or circuitry (figure 1 item 100 with processor/circuit figure 8 and paragraphs 0063 and 0242) which functions as: a detection unit that detects a predetermined subject or subjects from video obtained from an image capturing unit that repeatedly shoots and outputs video (paragraphs 0214 - 0216, 0227 - 0029); an acquisition unit that acquires information on a partial area set in the video obtained from the image capturing unit (Paragraphs 0168 – 0169 and 0178 checking zoom and adjusting display of figure 4(2) items 403 and 405); and a determination unit that determines a main subject based on a priority of subject within the partial area from among the subject or subjects detected by the detection unit (paragraphs 0214, 0227 – 0029; focus on to be photographed object); and the image capturing unit that repeatedly shoots and outputs video (figure 1 item 193 and paragraphs 0011, 0032, 0020 – 0023, 0037 – 0039, and 0208); and a distribution unit that selects and distribute any of the video or the video of the partial area (paragraph 0083).
However, CUI fails to clearly acquires, from a video distribution apparatus that distributes video, information on a partial area or areas which are candidates for an area of the video to be distributed; and determines a main subject based on a priority of subject or subjects within the partial area or areas from among the subject or subjects detected; and a distribution unit that selects and distributes any of the video or a partial areas of the video. Ma, on the other hand teaches acquires, from a video distribution apparatus that distributes video, information on a partial area or areas which are candidates for an area of the video to be distributed; and determines a main subject based on a priority of subject or subjects within the partial area or areas from among the subject or subjects detected; and a distribution unit that selects and distributes any of the video or a partial areas of the video.
More specifically, Ma teaches acquires, from a video distribution apparatus that distributes video (paragraph 0057), information on a partial area or areas which are candidates for an area of the video to be distributed (figures 8 – 11 also figures 12 – 18; area(s) and object); and determines a main subject based on a priority of subject or subjects within the partial area or areas from among the subject or subjects detected (figures 8 – 11 also figures 12 – 18; area(s) and object); and selects and distributes any of the video or a partial areas of the video (paragraph 0186 also figure 18 item 1808).
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 incorporate the teachings of Ma with the teachings of CUI because in at least paragraphs 0004, 0080, and 0088 Ma teaches a device with improved object detection and tracking system, also in paragraphs 0104 and 0128 Ma teaches a system with signal to noise reduction, thereby improving the system of CUI when combined.
Regarding claim 18, CUI teaches a video processing method (abstract; photographing method) comprising: detecting a predetermined subject from video obtained from an image capturing unit that repeatedly shoots and outputs video (paragraphs 0214 - 0216, 0227 - 0029); acquiring information on a partial area set in the video obtained from the image capturing unit (Paragraphs 0168 – 0169 and 0178 checking zoom and adjusting display of figure 4(2) items 403 and 405); and a determining a main subject a subject within the partial area among the subject or subjects detected in detecting (paragraphs 0214, 0227 – 0029; focus on to be photographed object).
However, CUI fails to clearly teach acquiring information on a partial area or areas which are candidates for an area of the video to be distributed; and determining a main subject a subject or subjects within the partial area or areas from among the subject or subjects detected in the detecting. Ma, on the other hand teaches acquiring information on a partial area or areas which are candidates for an area of the video to be distributed; and determining a main subject a subject or subjects within the partial area or areas from among the subject or subjects detected in the detecting.
More specifically, Ma teaches acquiring information (paragraph 0057) on a partial area or areas which are candidates for an area of the video to be distributed (figures 8 – 11 also figures 12 – 18; area(s) and object); and determining a main subject a subject or subjects within the partial area or areas from among the subject or subjects detected in the detecting (figures 8 – 11 also figures 12 – 18; area(s) and 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 incorporate the teachings of Ma with the teachings of CUI because in at least paragraphs 0004, 0080, and 0088 Ma teaches a device with improved object detection and tracking system, also in paragraphs 0104 and 0128 Ma teaches a system with signal to noise reduction, thereby improving the system of CUI when combined.
Regarding claim 19, CUI teaches a non-transitory computer-readable storage medium, the storage medium storing a program that is executable by the computer, wherein the program includes program code for causing the computer to function as (paragraphs 0030, 0047 – 0048, 0085, 0096, 0245 - 0251; and claim 16 of CUI) a video processing apparatus perform: detecting a predetermined subject or subjects from video obtained from an image capturing unit that repeatedly shoots and outputs video (paragraphs 0214 - 0216, 0227 - 0029); acquiring information on a partial area set in the video obtained from the image capturing unit (Paragraphs 0168 – 0169 and 0178 checking zoom and adjusting display of figure 4(2) items 403 and 405); and determining a main subject based on a priority of subject within the partial area from among the subject or subjects (paragraphs 0214, 0227 – 0029; focus on to be photographed object).
However, CUI fails to clearly teach acquiring, from a video distribution apparatus that distributes video, information on a partial area or areas which are candidates for an area of the video to be distributed; and determining a main subject based on a priority of subject or subjects within the partial area or areas from among the detected subject or subjects. Ma, on the other hand teaches acquiring, from a video distribution apparatus that distributes video, information on a partial area or areas which are candidates for an area of the video to be distributed; and determining a main subject based on a priority of subject or subjects within the partial area or areas from among the detected subject or subjects.
More specifically, Ma teaches acquiring, from a video distribution apparatus that distributes video (paragraph 0057), information on a partial area or areas which are candidates for an area of the video to be distributed (figures 8 – 11 also figures 12 – 18; area(s) and object); and determining a main subject based on a priority of subject or subjects within the partial area or areas from among the detected subject or subjects (figures 8 – 11 also figures 12 – 18; area(s) and 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 incorporate the teachings of Ma with the teachings of CUI because in at least paragraphs 0004, 0080, and 0088 Ma teaches a device with improved object detection and tracking system, also in paragraphs 0104 and 0128 Ma teaches a system with signal to noise reduction, thereby improving the system of CUI when combined.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over CUI (US PgPub No. 2022/0394190) in view of Ma (US PgPub No. 2017/0061637) in view of Hongu (US PgPub NO. 2022/0094840).
Regarding claim 4, as mentioned above in the discussion of claim 3, CUI in view of Ma teach all of the limitations of the parent claim.
However, CUI in view of Ma fail to teach wherein in a case where the designated main subject is not detected by the detection unit, the setting unit does not change the designated main subject for a predetermined time since the designated main subject is not detected. Hongu, on the other hand teaches wherein in a case where the designated main subject is not detected by the detection unit, the setting unit does not change the designated main subject for a predetermined time since the designated main subject is not detected.
More specifically, Hongu teaches wherein in a case where the designated main subject is not detected by the detection unit, the setting unit does not change the designated main subject for a predetermined time since the designated main subject is not detected (paragraphs 0170 – 0177; time and detecting main subject candidate).
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 incorporate the teachings of Hongu with the teachings of CUI in view of Ma because Hongu teaches in at least paragraphs 0146 and 0206 that tracking is improved, thereby improving tracking in CUI in view of Ma.
Claims 6 – 10 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over CUI (US PgPub No. 2022/0394190) in view of Ma (US PgPub No. 2017/0061637) in view of Tsuji (US PgPub NO. 2014/0185875).
Regarding claim 6, as mentioned above in the discussion of claim 5, CUI in view of Ma teach all of the limitations of the parent claim.
However, CUI in view of Ma fail to teach wherein the determination unit sets a higher priority to a subject closer to a center of the partial area whose video is distributed to outside among a subject or subjects in the partial area. Tsuji, on the other hand teaches wherein the determination unit sets a higher priority to a subject closer to a center of the partial area whose video is distributed to outside among a subject or subjects in the partial area.
More specifically, Tsuji teaches wherein the determination unit sets a higher priority to a subject closer to a center of the partial area whose video is distributed to outside among a subject or subjects in the partial area (figure 6A and paragraph 0049).
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 incorporate the teachings of Tsuji with the teachings of CUI in view of Ma because Tsuji teaches in at least paragraphs 0005 – 0007, 0027, and 0052 that the detection rate of the object can be improved, thereby improving detection in CUI in view of Ma.
Regarding claim 7, as mentioned above in the discussion of claim 5, CUI in view of Ma teach all of the limitations of the parent claim.
However, CUI in view of Ma fail to teach wherein the determination unit sets a higher priority to a subject having a larger size in the partial area whose video is distributed to outside. Tsuji, on the other hand teaches wherein the determination unit sets a higher priority to a subject having a larger size in the partial area whose video is distributed to outside.
More specifically, Tsuji teaches wherein the determination unit sets a higher priority to a subject having a larger size in the partial area whose video is distributed to outside (figure 6B and paragraph 0049).
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 incorporate the teachings of Tsuji with the teachings of CUI in view of Ma because Tsuji teaches in at least paragraphs 0005 – 0007, 0027, and 0052 that the detection rate of the object can be improved, thereby improving detection in CUI in view of Ma.
Regarding claim 8, as mentioned above in the discussion of claim 1, CUI in view of Ma teach all of the limitations of the parent claim.
However, CUI in view of Ma fails to teach wherein the determination unit sets a higher priority to a subject which is in the partial area or areas and located at a position closer to a center of video captured by the image capturing unit. Tsuji, on the other hand teaches wherein the determination unit sets a higher priority to a subject which is in the partial area or areas and located at a position closer to a center of video captured by the image capturing unit.
More specifically, Tsuji teaches wherein the determination unit sets a higher priority to a subject which is in the partial area or areas and located at a position closer to a center of video captured by the image capturing unit (figure 6A and paragraph 0049).
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 incorporate the teachings of Tsuji with the teachings of CUI in view of Ma because Tsuji teaches in at least paragraphs 0005 – 0007, 0027, and 0052 that the detection rate of the object can be improved, thereby improving detection in CUI in view of Ma.
Regarding claim 9, as mentioned above in the discussion of claim 1, CUI in view of Ma teach all of the limitations of the parent claim.
However, CUI in view of Ma fail to teach wherein the determination unit sets a higher priority to a subject which is in the partial area or areas and located at a position closer to a center of mass of the partial area or areas. Tsuji, on the other hand teaches wherein the determination unit sets a higher priority to a subject which is in the partial area or areas and located at a position closer to a center of mass of the partial area or areas.
More specifically, Tsuji teaches wherein the determination unit sets a higher priority to a subject which is in the partial area or areas and located at a position closer to a center of mass of the partial area or areas (figure 6A and paragraph 0049).
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 incorporate the teachings of Tsuji with the teachings of CUI in view of Ma because Tsuji teaches in at least paragraphs 0005 – 0007, 0027, and 0052 that the detection rate of the object can be improved, thereby improving detection in CUI in view of Ma.
Regarding claim 10, as mentioned above in the discussion of claim 9, CUI in view of Ma teach all of the limitations of the parent claim.
However, CUI in view of Ma fail to teach wherein the determination unit gives a greater weight to a smaller partial area at a time of obtaining the center of mass of the partial areas. Tsuji, on the other hand teaches wherein the determination unit gives a greater weight to a smaller partial area at a time of obtaining the center of mass of the partial areas.
More specifically, Tsuji teaches wherein the determination unit gives a greater weight to a smaller partial area at a time of obtaining the center of mass of the partial areas (figure 6B and paragraph 0049).
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 incorporate the teachings of Tsuji with the teachings of CUI in view of Ma because Tsuji teaches in at least paragraphs 0005 – 0007, 0027, and 0052 that the detection rate of the object can be improved, thereby improving detection in CUI in view of Ma.
Regarding claim 13, as mentioned above in the discussion of claim 1, CUI in view of Ma teach all of the limitations of the parent claim.
However, CUI in view of Ma fail to teach wherein the determination unit sets a higher priority to a subject which is in the partial area or areas and has a larger size. Tsuji, on the other hand teaches wherein the determination unit sets a higher priority to a subject which is in the partial area or areas and has a larger size.
More specifically, Tsuji teaches wherein the determination unit sets a higher priority to a subject which is in the partial area or areas and has a larger size (figure 6B and paragraph 0049).
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 incorporate the teachings of Tsuji with the teachings of CUI in view of Ma because Tsuji teaches in at least paragraphs 0005 – 0007, 0027, and 0052 that the detection rate of the object can be improved, thereby improving detection in CUI in view of Ma.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sukegawa (US PgPub No. 2007/0189585) teaches a camera system detecting subject and important areas.
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 extension fee 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 Usman A Khan whose telephone number is (571)270-1131. The examiner can normally be reached on M - Th 5:30 AM - 2 PM, F 5:30 AM - Noon.
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, Sinh Tran can be reached on (571)272-7564. 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.
Usman Khan
/USMAN A KHAN/Primary Examiner, Art Unit 2637
02/26/2026