Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
CLAIM 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 distance information acquisition unit”, “an operation control unit”, “a position information acquisition unit”, “a setting unit”, “a display control unit”, “a subject information acquisition unit”. “an orientation information acquisition unit” in claims 1-3, 5-9 and 11-13. These are described in the specification in fig. 3.
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.
Election/Restrictions
Applicant’s election without traverse of claims 1-13, 21 and 25 in the reply filed on 06/18/2026 is acknowledged. Claims 14-20, 22 and 26 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected specie, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/18/2026.
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) 1-6, 9-13, 21 and 25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lablans (US PGPUB 20140267775).
[Claim 1]
An imaging control device comprising
a distance information acquisition unit (processor 102) that acquires distance information from a first imaging device to a subject (Paragraph 143, figs. 20 and 21, The distance determined by the camera 2004, combined with the GPS and azimuth of the hand-held camera allows to provide an estimate of the new position in GPS coordinates of the object); and
an operation control unit that controls a state to an operable state in which the
first imaging device is capable of performing a remote operation on a second imaging device
based on the distance information acquired by the distance information acquisition unit (Paragraph 143, These estimated GPS coordinates of the object are used to calculate an azimuth and an inclination of the platform based camera 2002 and are translated into instructions for the actuator to direct the camera into the newly calculated direction).
[Claim 2]
The imaging control device according to claim 1, comprising a position information acquisition unit that acquires position information of each of the first imaging device and the second imaging device, wherein the operation control unit controls the state to the operable state based
on the position information acquired by the position information acquisition unit (Paragraph 99, In one embodiment of the present invention at least one camera in a trajectory gets a management position. This is for instance the last or second to last active camera at a certain time that records the object. The cameras are all "signed-in" to the system and are identified by an identifier as well as their coordinates (such as GPS coordinates). The active camera, which also knows its own location, determines the areas that the object is estimated to traverse and identifies the next camera that is most likely to cover the moving object 820).
[Claim 3]
The imaging control device according to claim 1, comprising a setting unit that sets the second imaging device arranged in a first area (position before movement) and the second imaging device arranged in a second area (Paragraph 143, These estimated GPS coordinates of the object are used to calculate an azimuth and an inclination of the platform based camera 2002 and are translated into instructions for the actuator to direct the camera into the newly calculated direction (position after movement)) that is different from the first area for each area, wherein the operation control unit controls the state to the operable state for the area (after switching the second imaging device 2002 to the second area. Second area is different from the first area which is the position before movement).
[Claim 4]
The imaging control device according to claim 3, wherein a distance from the first imaging device to the first area is different from a distance from the first imaging device to the second area (Since the second device has changed its position, a change in distance is there from the first to the second area).
[Claim 5]
The imaging control device according to claim 3, wherein the setting unit is capable of switching between the second imaging device set in the first area and the second imaging device set in the second area (Paragraph 143, These estimated GPS coordinates of the object are used to calculate an azimuth and an inclination of the platform based camera 2002 and are translated into instructions for the actuator to direct the camera into the newly calculated direction (position after movement) after switching the second imaging device 2002 to the second area. Second area is different from the first area which is the position before movement)..
[Claim 6]
The imaging control device according to any one of claim 1, wherein the operation control unit controls the state to the operable state based on whether or not a distance indicated by the distance information exceeds a first threshold value (Paragraph 96, In one embodiment of the present invention object 220 has moved to the right and is in position 720 as illustrated in FIG. 7. At a certain stage object 220 moves out of range of camera 202 (greater than a threshold) and a new camera 702 will start tracking what is now called object 720. In one embodiment of the present invention a hand-off method is provided. For instance when cameras 202 and 204 have a compass angle that reaches a threshold an alert is generated for a hand-off).
[Claim 9]
The imaging control device according to any one of claim 1, comprising: a display control unit that displays at least one of the distance information and an object indicating that the state is the operable state in a finder of the first imaging device (Paragraph 215, A second camera is a different pose than the headframe camera may also be directed on the object in such a way that the object image created by the first camera and by the second camera displayed on display 3904 overlap inside a window, allowing the geospatial coordinates of the object to be determined. When the object moves it will be tracked by the headframe camera and in accordance with methods describes earlier above, the object is also being tracked by the second camera).
[Claim 10]
The imaging control device according to any one of claim 1, wherein the distance information is obtained based on focus information of the subject in the first imaging device (Paragraph 138, In a first scenario a GPS location `GPSob` of the object, including an altitude `hob`, is known to device 2004. Camera 2004 is focused on object 2004. In accordance with one aspect of the present invention the operation of the camera, including focus and shutter settings, are automatically controlled by the processor once the distance to the object has been determined or estimated.).
[Claim 11]
The imaging control device according to any one of claim 1, comprising: a subject information acquisition unit that acquires subject information including at least one of a movement direction of the subject, wherein the operation control unit controls the state to the operable state based on the subject information acquired by the subject information acquisition unit (Paragraph 142, The change in height 2104 of 2102 in consecutive images indicates if the distance between the object and the camera is increasing, diminishing or remains constant and an estimate can be made of the distance and the rate of change of the distance based on the calibration of the camera and Paragraph 143, The distance determined by the camera, combined with the GPS and azimuth of the hand-held camera allows to provide an estimate of the new position in GPS coordinates of the object. These estimated GPS coordinates of the object are used to calculate an azimuth and an inclination of the platform based camera and are translated into instructions for the actuator to direct the camera into the newly calculated direction.).
[Claim 12]
The imaging control device according to claim 11, wherein the subject information acquisition unit acquires a movement direction of a movable body imaged by the first imaging device, and the operation control unit controls the state to the operable state based on the movement direction of the movable body acquired by the subject information acquisition unit (Paragraph 142, The change in height 2104 of 2102 in consecutive images indicates if the distance between the object and the camera is increasing, diminishing or remains constant and an estimate can be made of the distance and the rate of change of the distance based on the calibration of the camera and Paragraph 143, The distance determined by the camera, combined with the GPS and azimuth of the hand-held camera allows to provide an estimate of the new position in GPS coordinates of the object. These estimated GPS coordinates of the object are used to calculate an azimuth and an inclination of the platform based camera and are translated into instructions for the actuator to direct the camera into the newly calculated direction.).
[Claim 13]
The imaging control device according to claim l, comprising: an orientation information acquisition unit that acquires orientation information indicating an orientation in which the first imaging device faces the subject, wherein the operation control unit controls the state to the operable state based on the orientation information acquired by the orientation information acquisition unit (Paragraph 137, In one embodiment of the present invention a user of mobile computing device with a camera 2004 tracks an object 2020, which may be a moving object as illustrated in FIG. 20. A movable platform with a camera 2002 is configured to also track the object 2020 after, if required, an initialization process. Both 2002 and 2004 have the facilities to determine a GPS location of the respective devices, an azimuth of the lens orientation and an inclination as was already described earlier above. Camera 2004 has a screen as described earlier and for instance illustrated in FIG. 6 and Paragraph 138, Several scenarios are possible. In a first scenario a GPS location `GPSob` of the object, including an altitude `hob`, is known to device 2004. Camera 2004 is focused on object 2004. In accordance with one aspect of the present invention the operation of the camera, including focus and shutter settings, are automatically controlled by the processor once the distance to the object has been determined or estimated. The camera 2002 is informed of the `GPSob` of the object and the camera 2002 is turned in the correct direction of 2020 by the actuator(s) 2005.).
[Claims 21 and 25]
These claims have similar limitations as claim 1 and are therefore analyzed and rejected based upon similar reasons as claim 1.
Allowable Subject Matter
Claims 7 and 8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The prior art fails to teach or suggest as recited in claim 7, “wherein the operation control unit controls the state to the operable state based on whether or not the distance indicated by the distance information exceeds a second threshold value that is smaller than the first threshold value”. Claim 8 is dependent from claim 7.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOGESH K AGGARWAL whose telephone number is (571)272-7360. The examiner can normally be reached Monday - Friday 9:30-6.
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 at 5712727564. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YOGESH K AGGARWAL/Primary Examiner, Art Unit 2637
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