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
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. JP 2021-185014, filed on 11/12/2021.
Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e).
Failure to provide a certified translation may result in no benefit being accorded for the non-English application.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 05/01/2024, 01/17/2025, and 04/06/2026 are being considered by the examiner. The submission is in compliance with the provisions of 37 CFR 1.97.
Status of Claims
Claims 1-14 are pending.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the adjustment unit must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 3, 4, 11, and 12 are objected to because of the following informalities:
In Claim 3, line 2, “a plurality of the characteristic temperature distributions is included” should read “a plurality of the characteristic temperature distributions are included.”
In Claim 3, line 5, “to be all included” should read “to all be included.”
In Claim 4, line 2, “the plurality of the characteristic temperature distributions is included” should read “the plurality of the characteristic temperature distributions are included.”
In Claim 11, line 2, “a plurality of the characteristic temperature distributions is included” should read “a plurality of the characteristic temperature distributions are included.”
In Claim 11, line 5, “to be all included” should read “to all be included.”
In Claim 12, line 2, “the plurality of the characteristic temperature distributions is included” should read “the plurality of the characteristic temperature distributions are included.”
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a/the control unit” in Claims 1-8, and 11-13 and “an/the adjustment unit” in Claims 8-10.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For the sake of further prosecution, Examiner will treat “a/the control unit” and “an/the adjustment unit” all as hardware or software configured to perform their respective functions/operations.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim limitations:
“a control unit” (Claims 1 and 6)
“the control unit” (Claims 2-5, 7-8, and 11-13)
“an adjustment unit” (Claim 8)
“the adjustment unit” (Claims 8-10)
invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The control unit is mentioned in multiple paragraphs, for example, paragraphs [0006-7], [0015-0016], [0018-20] of the specification, but the specification only discloses the claimed function of the control unit. The adjustment unit is only mentioned on pages 30 and 31 of the specification, and these pages only include a recitation of the claim language. Pages 30 and 31 of applicant’s specification only disclose the claimed function of the adjustment unit in the same language as the claim language. This disclosure is not sufficient because it fails to disclose the structure of the above elements. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 5-10, and 13-14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhang (U.S. Patent Pub No. 2020/0043184 A1, hereafter referred to as Zhang).
Regarding Claim 1, Zhang teaches an information processing apparatus (Paragraph [0006], Fig. 7, Zhang teaches a tracking device. The Examiner interprets the tracking device to be an information processing apparatus since the tracking device acquires (acquisition modules 701, 702, 704), processes (processing module 709), analyzes (tracking module 703 and computing module 706), and outputs information (execution module 705, adjustment module 707, tuning module 708) in a structured way and the claim is silent to the definition of information processing apparatus.)
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comprising a control unit that controls automatic following (Paragraphs [0123], [0125], Fig. 8, Zhang teaches a tracking device having a processor (801) which may obtain first characteristic information of the target object through the first camera. The processor (801) may track the target object based on the first characteristic information.)
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with respect to a target in a shooting region for a visible image (Paragraphs [0125], [0127], [0026], Zhang teaches the processor (801) may track the target object based on first characteristic information. The first characteristic information may include red, green, and blue (“RGB”) color information. The first camera may be an ordinary camera.) to cause the target located in a position corresponding to a characteristic temperature distribution included in thermographic image data to be included in the shooting region (Paragraphs [0048-50], Fig. 3, Zhang teaches the UAV may fuse the location information of the target object relative to the first camera (RGB/ordinary camera) and the location information of the target object relative to the second camera (infrared camera) to obtain fused location information of the target object relative to the first (RGB) camera and the second (infrared) camera. The fused location information of the target object relative to the first camera and the second camera indicates a “best” location of the target object relative to the first camera and the second camera. For example, the UAV may fuse the RGB color information and the heat distribution information for tracking the target object.),
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the thermographic image data being data obtained by shooting an image in response to a command to start the automatic following (Paragraph [0028], Zhang teaches the UAV may control the second (infrared) camera based on an instruction included in the control command to acquire second image information that includes the target object and further obtaining the second characteristic information of the target object based on the second image information that includes the target object. The second characteristic information may include heat distribution information.).
In regards to Claim 2, Zhang teaches the information processing apparatus according to claim 1, wherein the control unit controls the automatic following (Paragraph [0126], Zhang teaches the processor (801) may simultaneously track the target object based on the first characteristic information and the second characteristic information through the first camera and second camera.) by changing at least one of a direction, an angle of view, or a position of a shooting unit that shoots an image and acquires visible image data (Paragraphs [0049-50], [0035], [0137-138], Zhang teaches based on the fused location information of the target object relative to the first camera and the second camera, the UAV (processor) may adjust the attitudes of the first gimbal and the second gimbal, thereby changing attitude information of the first camera and attitude information of the second camera, such that the location of the target object relative to the first and second cameras is “best.” The UAV may simultaneously track the target object based on a tracking algorithm in which the attitude for both the first camera and second camera has been changed. One of the cameras may be an RGB camera. Under Broadest Reasonable Interpretation, the Examiner interprets “at least one of” to mean only one of “a direction, an angle of view, or a position of a shooting unit” is required to meet the claim limitation.).
In regards to Claim 5, Zhang teaches the information processing apparatus according to claim 1, wherein the control unit controls the automatic following (Paragraph [0126], Zhang teaches the processor (801) may simultaneously track the target object based on the first characteristic information and the second characteristic information through the first camera and second camera.) to cause a method for the automatic following to be switched in response to an input of a signal adapted to switch the method for the automatic following (Paragraphs [0035], [0058], [0086], Fig. 4, Zhang teaches in response to receiving a tracking switch command, obtaining, by the UAV, third characteristic information of the target object through the second camera (S403) and tracking, by the UAV, the target object based on the third characteristic information through the second camera (S404). The control command can be an input from a user.).
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In regards to Claim 6, Zhang teaches a mobile body (Paragraph [0021], Fig. 1, Zhang teaches a UAV.)
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comprising a control unit that controls automatic following (Paragraphs [0123], [0125], Fig. 8, Zhang teaches a tracking device having a processor (801) which may obtain first characteristic information of the target object through the first camera. The processor (801) may track the target object based on the first characteristic information.) with respect to a target in a shooting region for a visible image (Paragraphs [0125], [0127], [0026], Zhang teaches the processor (801) may track the target object based on first characteristic information. The first characteristic information may include red, green, and blue (“RGB”) color information. The first camera may be an ordinary camera.) to cause the target located in a position corresponding to a characteristic temperature distribution included in thermographic image data to be included in the shooting region (Paragraphs [0048-50], Fig. 3, Zhang teaches the UAV may fuse the location information of the target object relative to the first camera (RGB/ordinary camera) and the location information of the target object relative to the second (infrared) camera to obtain fused location information of the target object relative to the first camera and the second camera. The fused location information of the target object relative to the first camera and the second camera indicates a best location of the target object relative to the first camera and the second camera. For example, the UAV may fuse the RGB color information and the heat distribution information for tracking the target object.), the thermographic image data being data obtained by shooting an image in response to a command to start the automatic following (Paragraph [0028], Zhang teaches the UAV may control the second (infrared) camera based on an instruction included in the control command to acquire second image information that includes the target object and further obtaining the second characteristic information of the target object based on the second image information that includes the target object. The second characteristic information may include heat distribution information.).
In regards to Claim 7, Zhang teaches the mobile body according to claim 6, wherein the control unit controls the automatic following (Paragraph [0126], Zhang teaches the processor (801) may simultaneously track the target object based on the first characteristic information and the second characteristic information through the first camera and second camera.) by changing at least one of a direction, an angle of view, or a position of a shooting unit that shoots an image and acquires visible image data (Paragraphs [0049-50], [0033], [0137-138], Zhang teaches based on the fused location information of the target object relative to the first camera and the second camera, the UAV (processor) may adjust the attitudes of the first gimbal and the second gimbal, thereby changing attitude information of the first camera and attitude information of the second camera, such that the location of the target object relative to the first and second cameras is best. The UAV may automatically track the target object based on a tracking algorithm in which the attitude for both the first camera and second camera has been changed. One of the cameras may be an RGB camera. Under Broadest Reasonable Interpretation, the Examiner interprets “at least one of” to mean only one of “a direction, an angle of view, or a position of a shooting unit” is required to meet the claim limitation.).
In regards to Claim 8, Zhang teaches the mobile body according to claim 7, comprising: the shooting unit (Paragraph [0021], Fig. 1, Zhang teaches a UAV having a first camera (13) and a second camera (14).);
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and an adjustment unit that adjusts at least one of the direction, the angle of view, or the position of the shooting unit (Paragraphs [0111], [0033], Fig. 7, Zhang teaches an adjustment module (or apparatus) (707) configured to adjust the attitude of the second gimbal based on the attitude information of the first gimbal, such that the attitude of the second camera is consistent with the attitude of the first camera. The gimbals control the attitude of the cameras. By changing the attitude of the cameras, the location of the target object relative to the cameras is “best.”),
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wherein the control unit controls the automatic following (Paragraph [0126], Zhang teaches the processor (801) may simultaneously track the target object based on the first characteristic information and the second characteristic information through the first camera and second camera.) by controlling the adjustment unit to change at least one of the direction, the angle of view, or the position of the shooting unit (Paragraphs [0049-50], [0137-138], Zhang teaches based on the fused location information of the target object relative to the first camera and the second camera, the UAV (processor) may adjust the attitudes of the first gimbal and the second gimbal, thereby changing attitude information of the first camera and attitude information of the second camera, such that the location of the target object relative to the first and second cameras is best. The UAV may automatically track the target object based on a tracking algorithm in which the attitude for both the first camera and second camera has been changed. One of the cameras may be an RGB camera.).
In regards to Claim 9, Zhang teaches the mobile body according to claim 8, wherein the adjustment unit includes one or more gimbal mechanisms (Paragraphs [0021], [0111], Fig. 1, Zhang teaches an unmanned aerial vehicle (UAV) which includes a first gimbal (11) and a second gimbal (12). The adjustment module/apparatus is configured to adjust the attitude of the second gimbal based on the attitude information of the first gimbal so the attitude of the second camera is consistent with the attitude of the first camera.).
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In regards to Claim 10, Zhang teaches the mobile body according to claim 9, wherein the adjustment unit (Paragraphs [0111], [0023], Zhang teaches a tracking device implemented in a UAV with an adjustment apparatus.) includes a flying mechanism that changes a spatial position of the mobile body (Fig. 1, Zhang teaches an unmanned aerial vehicle (UAV) which has propellers as shown in Fig. 1.).
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In regards to Claim 13, Zhang teaches the mobile body according to claim 6, wherein the control unit controls the automatic following (Paragraph [0126], Zhang teaches the processor (801) may simultaneously track the target object based on the first characteristic information and the second characteristic information through the first camera and second camera.) to cause a method for the automatic following to be switched in response to an input of a signal adapted to switch the method for the automatic following (Paragraphs [0035], [0058], [0041], Fig. 4, Zhang teaches in response to receiving a tracking switch command, which may be a control command input by a user, obtaining, by the UAV, third characteristic information of the target object through the second camera (S403) and tracking, by the UAV, the target object based on the third characteristic information through the second camera (S404).).
In regards to Claim 14, Zhang teaches an information processing method (Paragraphs [0043-52], Fig. 3, Zhang teaches a tracking method. The Examiner interprets the tracking method to be an information processing method since it is a defined step-by-step procedure implemented by a tracking device to process and analyze data.) controlling automatic following (Paragraphs [0123], [0125], Fig. 8, Zhang teaches a tracking device having a processor (801) which may obtain first characteristic information of the target object through the first camera. The processor (801) may track the target object based on the first characteristic information.) with respect to a target in a shooting region for a visible image (Paragraphs [0125], [0127], [0026], Zhang teaches the processor (801) may track the target object based on first characteristic information. The first characteristic information may include red, green, and blue (“RGB”) color information. The first camera may be an ordinary camera.) to cause the target located in a position corresponding to a characteristic temperature distribution included in thermographic image data to be included in the shooting region (Paragraphs [0048-50], Fig. 3, Zhang teaches the UAV may fuse the location information of the target object relative to the first camera (RGB/ordinary camera) and the location information of the target object relative to the second camera (infrared camera) to obtain fused location information of the target object relative to the first camera and the second camera. The fused location information of the target object relative to the first camera and the second camera indicates a best location of the target object relative to the first camera and the second camera. For example, the UAV may fuse the RGB color information and the heat distribution information for tracking the target object.), the thermographic image data being data obtained by shooting an image in response to a command to start the automatic following (Paragraph [0028], Zhang teaches the UAV may control the second (infrared) camera based on an instruction included in the control command to acquire second image information that includes the target object and further obtaining the second characteristic information of the target object based on the second image information that includes the target object. The second characteristic information may include heat distribution information.).
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 (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 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.
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.
Claims 3 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (U.S. Patent Pub No. 2020/0043184 A1, hereafter referred to as Zhang) in view of Weng et al. (U.S. Patent Pub. No. 2020/0280682 A1, hereafter referred to as Weng).
Regarding Claim 3, Zhang teaches the information processing apparatus according to claim 1.
Zhang does not explicitly disclose wherein, when a plurality of the characteristic temperature distributions is included in the thermographic image data, the control unit controls the automatic following to cause a plurality of the targets located in respective positions corresponding to the plurality of the characteristic temperature distributions to be all included in the shooting region.
Weng is in the same field of art of capturing temperature data for objects/targets imaged by an infrared camera mounted an unmanned aerial vehicle (UAV). Further, Weng teaches when a plurality of the characteristic temperature distributions is included in the thermographic image data (Paragraphs [0003], [0027], Weng teaches an infrared camera which senses the thermodynamic temperature of each object in the image captured by the camera. Since the thermodynamic temperature of each object in the image may be different, the color depth of each object will be different. The Examiner interprets that since the infrared camera may sense “each object” in “the image” this implies that there are multiple objects contained in a single captured infrared image. Additionally, each object in the infrared image has its own respective/different thermographic temperature distribution.), the control unit controls the automatic following (Paragraph [0097], Weng teaches a processor (502) configured to obtain an infrared bitstream of the image captured by the infrared camera and visually track the infrared bitstream according to the bitstream feature.) to cause a plurality of the targets located in respective positions corresponding to the plurality of the characteristic temperature distributions to be all included in the shooting region (Paragraphs [0003], [0027], Weng teaches the infrared camera mounted on the gimbal may sense the thermodynamic temperature of each object in the image captured by the camera. Since the thermodynamic temperature of each object in the image captured by the infrared camera may differ, the color depth of each object in the infrared image will also differ. The higher the temperature of the object, the deeper the color of the object in the image. The Examiner interprets that since the infrared camera may sense “each object” in “the image” this implies that there are multiple objects contained in a single captured infrared image. Additionally, each object in the infrared image has its own respective/different thermographic temperature.).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Zhang by capturing an infrared image containing a plurality of target objects each having their own respective thermodynamic temperatures that is taught by Weng, to make the invention that identifies and tracks target objects which may appear in a single infrared image based on their thermodynamic temperatures (distributions); thus, one of ordinary skilled in the art would be motivated to combine the references since the images captured by the infrared camera will contain some positions where the temperatures are high and other positions where the temperatures are low. The regions/objects associated with higher temperatures can be analyzed and used to help firefighters locate fire sources in houses, detect crop health, and conduct search and rescue operations since these would correspond to higher temperature regions in the infrared image (Weng, Paragraphs [0003], [0027]).
Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
In regards to Claim 11, Zhang teaches the mobile body according to claim 6.
Zhang does not explicitly disclose wherein, when a plurality of the characteristic temperature distributions is included in the thermographic image data, the control unit controls the automatic following to cause a plurality of the targets located in respective positions corresponding to the plurality of the characteristic temperature distributions to be all included in the shooting region.
Weng is in the same field of art of capturing temperature data for objects/targets imaged by an infrared camera mounted an unmanned aerial vehicle (UAV). Further, Weng teaches wherein, when a plurality of the characteristic temperature distributions is included in the thermographic image data (Paragraph [0003], Weng teaches an infrared camera which senses the thermodynamic temperature of each object in the image captured by the camera. Since the thermodynamic temperature of each object in the image may be different, the color depth of each object will be different. The Examiner interprets that since the infrared camera may sense “each object” in “the image” this implies that there are multiple objects contained in a single captured infrared image. Additionally, each object in the infrared image has its own respective/different thermographic temperature.), the control unit controls the automatic following (Paragraph [0097], Weng teaches the processor (502) is configured to obtain an infrared bitstream of the image captured by the infrared camera and visually track the infrared bitstream according to the bitstream feature.) to cause a plurality of the targets located in respective positions corresponding to the plurality of the characteristic temperature distributions to be all included in the shooting region (Paragraphs [0003], [0027], Weng teaches the infrared camera mounted on the gimbal may sense the thermodynamic temperature of each object in the image captured by the camera. Since the thermodynamic temperature of each object in the image captured by the infrared camera may differ, the color depth of each object in the infrared image will also differ. The higher the temperature of the object, the deeper the color of the object in the image. The Examiner interprets that since the infrared camera may sense “each object” in “the image,” this implies that there are multiple objects contained in a single captured infrared image. Additionally, each object in the infrared image will have its own respective/different thermographic temperature (distribution).).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Zhang by capturing an infrared image containing multiple target objects each having their own respective thermodynamic temperature (distributions) that is taught by Weng, to make the invention that identifies and tracks target objects appearing in a single infrared image based on their thermodynamic temperature (distributions); thus, one of ordinary skilled in the art would be motivated to combine the references since the images captured by the infrared camera mounted on the UAV will contain positions where the temperatures are high and other positions where the temperatures are low. The objects or targets corresponding to the higher temperature regions can be analyzed and used to help firefighters locate fire sources in houses, detect crop health, and conduct search and rescue operations, for example (Weng, Paragraphs [0003], [0027]).
Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
Claims 4 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (U.S. Patent Pub. No. 2020/0043184, hereafter referred to as Zhang) in view of Weng et al. (U.S. Patent Pub. No. 2020/0280682 A1, hereafter referred to as Weng) in further view of Ragucci et al. (U.S. Patent Pub. No. 2009/0321636 A1, hereafter referred to as Ragucci).
Regarding Claim 4, Zhang discloses the information processing apparatus according to claim 1.
Zhang does not explicitly disclose wherein, when the plurality of the characteristic temperature distributions is included in the thermographic image data, the control unit controls the automatic following to cause images of the plurality of the targets to be shot in an order according to a magnitude relationship between respective temperatures of the plurality of the characteristic temperature distributions.
Weng is in the same field of art of capturing temperature data for objects/targets imaged by an infrared camera mounted an unmanned aerial vehicle (UAV). Further, Weng teaches wherein, when the plurality of the characteristic temperature distributions is included in the thermographic image data (Paragraph [0003], Weng teaches an infrared camera which senses the thermodynamic temperature of each object in the image captured by the camera. Since the thermodynamic temperature of each object in the image may be different, the color depth of each object will be different. The higher the temperature of the object, the deeper the color of the object in the image. The Examiner interprets that since the infrared camera may sense “each object” in “the image,” this implies that there are multiple objects contained in a single captured infrared image. Additionally, each object in the infrared image will have its own respective/different thermographic temperature (distribution).),
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Zhang by capturing an infrared image (and thermodynamic temperature data) containing several targets or objects of interest that is taught by Weng, to make the invention that identifies one (or several) desired targets based on the color depth of the target in the infrared image; thus, one of ordinary skilled in the art would be motivated to combine the references since analyzing the different temperatures of the plurality of objects in the infrared image can help firefighters identify fire sources in houses, detect crop health, and conduct search and rescue operations, for example, since these targets would have a higher temperature and would appear as deeper colors in the infrared images, making them easier to identify (Weng, Paragraph [0003]).
Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
Zhang in view of Weng does not explicitly disclose the control unit controls the automatic following to cause images of the plurality of the targets to be shot in an order according to a magnitude relationship between respective temperatures of the plurality of the characteristic temperature distributions.
Ragucci is in the same field of art of aerial searching for a thermal target. Further, Ragucci teaches the control unit (Paragraphs [0067], [0054], Fig. 5, Ragucci teaches a processor for executing the functions/acts specified, such as providing directions to the imager.) controls the automatic following (Paragraph [0054], Ragucci teaches an imager which tracks the thermal target for the duration of time it is scheduled to image the target.) to cause images of the plurality of the targets to be shot in an order according to a magnitude relationship between respective temperatures of the plurality of the characteristic temperature distributions (Paragraphs [0048-54], [0020], Fig. 5, Ragucci teaches using infrared imaging to search for thermal targets within a search area. A defined process determines which thermal anomalies (targets) are of the greatest interest. An analysis region bounding box is defined to analyze the averaged geo-registered database map in small, discrete areas. The system scans the analysis region bounding box and identifies areas in which there is a thermal anomaly that meets the defined target criteria. Such anomalies are identified as potential targets. One criterion used in the evaluation in thermal anomalies is a localized minimum value (threshold) of thermal anomaly signal amplitude (in standard deviations) necessary for the thermal anomaly to qualify as a potential target. The object (target) of the search effort should be warmer than the surrounding water. Among the potential targets, one will have the greatest deviation from its background mean (mean ocean surface temperature) and that will become “rank 1” target, the target most likely to be the object of the search effort among the potential targets. The potential target with the second greatest deviation from the mean becomes “rank 2” target and so on. Based on the ranking, the locations of the potential targets are sent to the thermal imager which can further enhance the detection capability by zooming further to image the target at higher magnification and track the thermal target(s).).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Zhang in view of Weng by tracking and imaging the detected targets in an order determined by the magnitude relationship between respective temperatures of the potential targets and the background (ocean surface) that is taught by Ragucci, to make the invention that identifies the target most likely to be the object of the search effort among the potential targets first and the less probable targets subsequently; thus, one of ordinary skilled in the art would be motivated to combine the references since the thermal imager can only image one potential target at a time, and there is time lost sluing from one potential target to another, so the criteria for potential target selection must be chosen judiciously in order to detect a person/swimmer in open water quickly during a Search and Rescue operation (Ragucci, Paragraphs [0048], [0056], [0006]) .
Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
Regarding Claim 12, Zhang teaches the mobile body according to claim 6.
Zhang does not explicitly disclose wherein, when the plurality of the characteristic temperature distributions is included in the thermographic image data, the control unit controls the automatic following to cause images of the plurality of the targets to be shot in an order according to a magnitude relationship between respective temperatures of the plurality of the characteristic temperature distributions.
Weng is in the same field of art of capturing temperature data for objects/targets imaged by an infrared camera mounted an unmanned aerial vehicle (UAV). Further, Weng teaches wherein, when the plurality of the characteristic temperature distributions is included in the thermographic image data (Paragraph [0003], Weng teaches an infrared camera which senses the thermodynamic temperature of each object in the image captured by the camera. Since the thermodynamic temperature of each object in the image may be different, the color depth of each object will be different.),
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Zhang by capturing an infrared image (and thermodynamic temperature data) containing several targets/objects of interest that is taught by Weng, to make the invention that identifies a desired target based on the color depth of the object in the infrared image; thus, one of ordinary skilled in the art would be motivated to combine the references since detecting the different temperatures of the plurality of objects in the infrared image can be used to help firefighters identify fire sources in houses, detect crop health, and conduct search and rescue operations since these targets would have a higher temperature and would appear as deeper colors in the infrared image (Weng, Paragraph [0003]).
Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
Zhang in view of Weng does not explicitly disclose the control unit controls the automatic following to cause images of the plurality of the targets to be shot in an order according to a magnitude relationship between respective temperatures of the plurality of the characteristic temperature distributions.
Ragucci is in the same field of art of aerial searching for a thermal target. Further, Ragucci teaches the control unit (Paragraphs [0067], [0054], Fig. 5, Ragucci teaches a processor for executing the functions/acts specified, such as providing directions to the imager.) controls the automatic following (Paragraph [0054], Ragucci teaches an imager which tracks the thermal target for the duration of time it is scheduled to image the target.) to cause images of the plurality of the targets to be shot in an order according to a magnitude relationship between respective temperatures of the plurality of the characteristic temperature distributions (Paragraphs [0048-54], [0020], Fig. 5, Ragucci teaches using infrared imaging to search for thermal targets within a search area. A defined process is used to determine which thermal anomalies (targets) are of the greatest interest. An analysis region bounding box is defined to analyze the averaged geo-registered database map in small, discrete areas. The system scans the analysis region bounding box and identifies areas in which there is a thermal anomaly that meets the defined target criteria. Such anomalies are identified as potential targets. One criterion used in the evaluation in thermal anomalies is a localized minimum value (threshold) of thermal anomaly signal amplitude (in standard deviations) necessary for the thermal anomaly to qualify as a potential target. The object of the search effort should be warmer than the surrounding water. Among the potential targets, one will have the greatest deviation from its background mean (mean ocean surface temperature) and that will become “rank 1” target, the target most likely to be the object of the search effort among the potential targets. The potential target with the second greatest deviation from the mean becomes “rank 2” target and so on. Based on the ranking, the locations of the potential targets are sent to the imager which can further enhance the detection capability by zooming further to image the target at higher magnification and track the thermal target(s).).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Zhang in view of Weng by tracking and imaging the detected targets in an order determined by the magnitude relationship between respective temperatures of the target and the background (ocean surface) that is taught by Ragucci, to make the invention that identifies the target most likely to be the object of the search effort among the potential targets first and the less probable targets subsequently; thus, one of ordinary skilled in the art would be motivated to combine the references since the thermal imager can only image one potential target at a time, and there is time lost sluing from one potential target to another, so the criteria for potential target selection must be chosen judiciously in order to detect a person/swimmer in open water quickly during a Search and Rescue operation (Ragucci, Paragraphs [0048], [0056], [0006]).
Thus, the claimed subject matter would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zhou et al. (U.S. Patent Pub. No. 2017/00083748 A1)
Qian et al. (U.S. Patent Pub. No. 2020/0104598 A1)
Weng et al. (U.S. Patent Pub. No. 2020/0143545 A1)
Lei (U.S. Patent Pub. No. 2022/0191389 A1)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYDNEY L BLACKSTEN whose telephone number is (571)272-7651. The examiner can normally be reached 8:30am-5pm.
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/SYDNEY L BLACKSTEN/Examiner, Art Unit 2674
/ONEAL R MISTRY/Supervisory Patent Examiner, Art Unit 2674
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