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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to because all diagrams and features in Figures 1-3, 8, and 10 are required to be distinctly labeled to indicate contents or function with legends (37 C.F.R. 1.83(a), 1.84(o)) since they are necessary for understanding of the drawing. Correction is required.
Claim Rejections - 35 USC § 102
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) 1-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kirigaya (5,227,828).
Kirigaya, in Figs. 1-3 and 10, discloses an automatic focusing device for camera lens that is the same imaging control device as specified in claim 1, comprising a processor 29 programmed to set, in an imaging range L in which a subject is imaged, a first position (e.g. Fig. 3, behind tree) indicating a position at which tracking of the subject 32 starts and a second position indicating a position at which imaging of the subject starts 21; and track the subject (e.g. Fig. 3) detected at the set first position (e.g. outside of distance limits); and start imaging the subject when the subject being tracked is detected at the second position (e.g. within the distance limits), wherein the first position and the second position are set before the imaging of the subject starts (col. 5, line 35 – col. 68, line 10).
Regarding claim 2 Kirigaya discloses the tracking of the subject is stared based on at least one of a face, a size, a motion, and an orientation of the subject detected at the first position (e.g. 32, 35).
Regarding Claim 3. the first position is set based on distance information 21 in a depth direction of the imaging range and/or a predetermined imaging area in the imaging range (e.g. Fig. 2).
Regarding Claim 4. the first position is set based on focus information 13 of the subject and/or a predetermined imaging area in the imaging range.
Regarding Claim 5. Wherein the tracking of the subject includes tracking of focusing 13 on the subject and maintaining an in-focus state 28.
Regarding Claim 6. the processor returns the position at which tracking starts to the first position when a predetermined ending condition (e.g. farther away from the rock) is satisfied (e.g. col. 5, line 35 – col. 6, line 10)..
Regarding claim 8. the first position and the second position are positions 23 separated from each other in a depth direction of the imaging range 21.
Regarding claim 9. the processor ends tracking when a predetermined ending condition is satisfied (e.g. Fig. 3, behind rock), and ends imaging of the subject 32 when the predetermined ending condition is satisfied (e.g. Fig. 3, behind rock).
Regarding claim 10. the predetermined ending condition for ending tracking of the subject 32 is set such that tracking of the subject ends after imaging of the subject has ended (e.g. Fig. 3, behind rock).
Regarding claim 11. the predetermined ending condition is a condition based on at least one of a condition that a predetermined number of images are captured, a condition that the subject overlaps an end position set in the imaging range, a condition that the subject is not detected from the imaging range, a condition that the subject adopts a predetermined motion or orientation, and a condition that a predetermined time elapses (e.g. Fig. 3, subject behind the rock).
Regarding claim 12. a display control unit configured to display so as to overlap an image of the subject at least one of a first object 33 indicating a tracking position of the processor and a second object 34 indicating the imaging (e.g. Fig. 3).
Regarding 13. (Original) the display control unit displays the first object and the second object in different display modes (e.g. L1 and L2).
Regarding 14. when the tracking of focusing on the subject and maintaining the in-focus state is performed, the processor detects a subject 32 which is a candidate on which the tracking of focusing on the subject and maintaining the in-focus state is to be performed after the subject overlaps the first position before the subject overlaps the first position (e.g. Fig. 3, between the tree and the rock).
Regarding 15. the processor sets a position 28 received from a user 27 as the first position.
Regarding 16. wherein the processor sets a position received from a user 27 as a prohibition position 23 at which the subject is not tracked.
Regarding 17. (Currently Amended) An imaging device comprising the imaging control device 20 according to claim 1.
Regarding 18. (Original) The imaging device according to claim 17, further comprising: a display unit (e.g. Fig. 3) configured to display an imaging result of a subject 32; and an input unit configured to receive an input from a user 211 by allowing the user to touch the display unit, wherein the processor sets an area (e.g. Fig. 3, between tree and rock) received from the user by the input unit as the first position.
Regarding 19. A non-transitory computer-readable medium storing a program causing a computer used in an imaging control device 20 to set in an imaging rage in which a subject is imaged, a first position (e.g. Fig. 3, tree) indicating a position at which tracking of the subject 32 starts and a second position indicating a position at which imaging of the subject starts; track the subject detected at the first position; and start imaging the subject when the subject being tracked is detected at the second position (e.g. within the distance limits), wherein the first position and the second position are set before the imaging of the subject starts (col. 5, line 35 – col. 68, line 10).
Regarding claim 20. Kirigaya discloses the first position and the second position are set based on a predetermined imaging area (e.g. 33, 34) within the imaging range.
Regarding claims 21, Kirigaya discloses an imaging unit 20 configured to image the subject and generate first image data; a first memory on which the first image data is temporarily stored (inherent memory storage in a camera); and a storage controller configured to store second image data, generated based on the first image data, onto a second memory different from the first memory, wherein the storage controller does not cause the second image data to be stored onto the second memory until the subject being tracked by the processor is detected at the second position (i.e. subject is within distance limits); and causes the storing of the second image data onto the second memory to start when the subject being tracked by the processor is detected at the second position.
Response to Arguments
Applicant's arguments filed 5/12/26 have been fully considered but they are not persuasive. Applicant asserts on p. 8 of the Remarks that the drawings are labeled. However, elements 1, 10, and 11 of Figure 1, for examples are required to be labeled with a legend.
Applicant also asserts on p. 9-10 of the Remarks that the reference fails to disclose positions are set before imaging starts. However, Figures 5 and 6 of Kirigaya disclose the concept of such common positions L1 and L2 being set before the imaging of the subject 30 starts.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20260019698 A1 discloses IMAGE PROCESSING APPARATUS, AND CONTROL METHOD OF IMAGE PROCESSING APPARATUS
US 12526518 B2 discloses Shooting Method And Related Device
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 YOUNG LEE whose telephone number is (571)272-7334. The examiner can normally be reached M - F, 11 - 7.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jay Patel can be reached at 571-272-2988. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Y LEE/Primary Examiner, Art Unit 2485
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