DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment and Argument
Applicant’s amendment and argument with respect to pending claims 1-17 filed on 03/05/2026 have been fully considered but the argument has been rendered moot in view of a new ground(s) of rejection necessitated by the amendment of the independent claim 1.
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)(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, 2, 14, 16 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Inoue (US 20190297267 A1).
Regarding claim 1, Inoue teaches the claim limitation as follows:
An image pickup apparatus comprising: a mount unit to which a lens unit including a first and a second optical system arranged in parallel is detachably attached (Fig. 5, ¶0061: sub image capturer 120 includes image capturing optical systems 121a and 121b…the sub image capturer 120 may be detachable from the image capturing apparatus 2. Then, a sub image capturer suitable for the main image capturer 100 in the image capturing apparatus 2 may be selected from among the plurality of sub image capturers and mounted onto the image capturing apparatus 2); a single image sensor configured to photoelectrically convert a first optical image formed by the first optical system of the lens unit attached to the mount unit , and a second optical image formed by the second optical system of the lens unit attached to the mount unit to output first image data and second image data (¶0061, 0073: the image processor 20 generates two images based on image signals (image signals obtained via the image capturing optical systems 121a and 121b) output from the image sensor 122…the sub image capturer 120 has a single image sensor 122 common to the two image capturing optical systems 121a and 121b); and a processor configured to determine a main object based on first object information in the first image data that is outputted from the single image sensor and second object information in the second image data that is outputted from the single image sensor (Figs. 3A-3B: ¶0076: the system controller 30 controls the sub image capturer 120 via the image capturing controller 40 and acquires the two images again by capturing an image…The system controller 30 sets the object (main object) selected by the user…).
Regarding claim 2, The image pickup apparatus according to claim 1, wherein the processor is configured to perform autofocus processing for the main object (¶0079: in the step S210, the system controller 30 drives the focus lens 101F in the main image capturer 100 via the focus controller 41 and performs the focus control of the main image capturer 100 so as to focus the image capturing optical system 101 on the main object).
Regarding claim 14, Inoue teaches the image pickup apparatus according to claim 1, wherein the first image data and the second image data have parallax with each other (¶0061: The image processor 20 generates two images based on image signals (image signals obtained via the image capturing optical systems 121a and 121b) output from the image sensor 122. These two images correspond to object images formed by the image capturing optical systems 121a and 121b, and are two parallax images having a parallax with each other).
Regarding claim 16, Inoue teaches the image pickup apparatus according to claim 1, wherein the processor is configured to display an area including the main object as a target for autofocus processing on a display unit (Figs. 3A-3B, ¶0068, 0079: in the step S210, the system controller 30 drives the focus lens 101F in the main image capturer 100 via the focus controller 41 and performs the focus control of the main image capturer 100 so as to focus the image capturing optical system 101 on the main object. Fig. 5, a display unit 70).
Regarding claim 17, Inoue teaches the image pickup apparatus according to claim 1, wherein the processor is configured to store information regarding the main object in a memory in association with the first image data and the second image data (Figs. 2, 3A-3B, ¶0080: two images acquired by the sub image capturer 110 may be stored in the image recording medium 60. Fig. 5 illustrates the sub image capturer 120 connected to in the image recording medium 60).
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.
Claim(s) 3-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inoue (US 20190297267 A1) in view of UCHIDA et al. (US 20130093856 A1).
Regarding claim 3, Inoue does not explicitly teach the image pickup apparatus according to claim 1, wherein the first object information includes information regarding whether or not a first object is detected in the first image data, and information regarding a first evaluation value of the first object, and wherein the second object information includes information regarding whether or not a second object is detected in the second image data, and information regarding a second evaluation value of the second object.
However, UCHIDA teaches the image pickup apparatus according to claim 1, wherein the first object information includes information regarding whether or not a first object is detected in the first image data (¶0061, 0082: an object detecting unit 61 detects faces from respective ones of the left-eye image represented by the left-eye image data and the right-eye image represented by the right-eye image data…a face is detected in the object detecting unit 61), and information regarding a first evaluation value of the first object (¶0083: the horizontal (or vertical) size Sx1 of the face detected from the left-eye image), and wherein the second object information includes information regarding whether or not a second object is detected in the second image data (¶0061, 0082: an object detecting unit 61 detects faces from respective ones of the left-eye image represented by the left-eye image data and the right-eye image represented by the right-eye image data…a face is detected in the object detecting unit 61), and information regarding a second evaluation value of the second object (¶0083: the horizontal size Sx2 of the face detected from the right-eye image).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Inoue’s imaging apparatus by incorporating the teaching of UCHIDA as noted above, for bring into accurate focus of images captured by the camera , even if the distance from the left-eye image capture device to the subject and the distance from the right-eye image capture device to the subject are different (¶0003-0004).
Regarding claim 4, Inoue in view of UCHIDA teaches the image pickup apparatus according to claim 3. UCHIDA further discloses wherein the processor is configured to: determine that the first object exists in the first image data in a case where it is determined that the first evaluation value is larger than a first threshold (¶0061, 0082, 0113: an object detecting unit 61 detects faces from respective ones of the left-eye image represented by the left-eye image data and the right-eye image represented by the right-eye image data…a face is detected in the object detecting unit 61. ¶0085: It is determined whether the size Sx1 of the face detected from the left-eye image is equal to or greater than a first threshold value Sxth (step 107). If the size Sx1 is equal to or greater than the first threshold value Sxth ("YES" at step 107), then it is determined whether the size Sx2 of the face detected from the right-eye image is equal to or greater than a first threshold value Sxth (step 108). If the size Sx2 also is equal to or greater than the first threshold value Sxth ("YES" at step 108), then it is deemed that the distance to the subject (face) is short), and determine that the second object exists in the second image data in a case where it is determined that the second evaluation value is larger than the first threshold (¶0061, 0082: an object detecting unit 61 detects faces from respective ones of the left-eye image represented by the left-eye image data and the right-eye image represented by the right-eye image data…a face is detected in the object detecting unit 61. ¶0085: … it is determined whether the size Sx2 of the face detected from the right-eye image is equal to or greater than a first threshold value Sxth (step 108). If the size Sx2 also is equal to or greater than the first threshold value Sxth ("YES" at step 108), then it is deemed that the distance to the subject (face) is short). Note that under BRI “determining that the first/second object exists” includes validating that the object meets a required size criteria. The motivation statement set forth above to combine Inoue and UCHIDA references with respect to claim 3 applies here.
Regarding claim 5, Inoue in view of UCHIDA teaches the image pickup apparatus according to claim 3. UCHIDA further discloses wherein the processor is configured to determine the first object as the main object in a case where it is determined that the first evaluation value is larger than a first threshold (¶0085: It is determined whether the size Sx1 of the face detected from the left-eye image is equal to or greater than a first threshold value Sxth (step 107). If the size Sx1 is equal to or greater than the first threshold value Sxth ("YES" at step 107)…focusing control of the left-eye image capture device 10 (positioning of the first focusing lens 13) is carried out utilizing the face detected from the left-eye image (the distance from the left-eye image capture device 10 to the face; the left-eye image) (step 109)). The motivation statement set forth above to combine Inoue and UCHIDA references with respect to claim 3 applies here.
Regarding claim 6, Inoue in view of UCHIDA teaches the image pickup apparatus according to claim 3. UCHIDA further discloses wherein the processor is configured to determine whether the second evaluation value is larger than a first threshold (¶0085-0086: it is determined whether the size Sx2 of the face detected from the right-eye image is equal to or greater than a first threshold value Sxth (step 108), “YES” OR “NO”) in a case where it is determined that the first evaluation value is smaller than the first threshold (¶0085-0086: It is determined whether the size Sx1 of the face detected from the left-eye image is equal to or greater than a first threshold value Sxth (step 107) “YES” OR “NO”). The motivation statement set forth above to combine Inoue and UCHIDA references with respect to claim 3 applies here.
Regarding claim 7, Inoue in view of UCHIDA teaches the image pickup apparatus according to claim 6. UCHIDA further discloses wherein the processor is configured to determine the second object as the main object in a case where it is determined that the second evaluation value is larger than the first threshold (¶0085…it is determined whether the size Sx2 of the face detected from the right-eye image is equal to or greater than a first threshold value Sxth (step 108). If the size Sx2 also is equal to or greater than the first threshold value Sxth ("YES" at step 108), then it is deemed that the distance to the subject (face) is short…focusing control of the right-eye image capture device 30 (positioning of the second focusing lens 33) is carried out utilizing the face detected from the right-eye image (the distance from the right-eye image capture device 10 to the face; the right-eye image) (step 110)). The motivation statement set forth above to combine Inoue and UCHIDA references with respect to claim 3 applies here.
Regarding claim 8, Inoue in view of UCHIDA teaches the image pickup apparatus according to claim 6. UCHIDA further discloses wherein the processor is configured to determine that the main object is not detected in a case where it is determined that the second evaluation value is smaller than the first threshold (¶0106: if the face size Sx2 of the face in the right-eye image is less than the face-size comparison threshold value Sxlimit ("NO" at step 108A)… focusing control of the right-eye image capture device 30 is carried out to make the in-focus position thereof conform to the in-focus position of the left-eye image capture device 10 (step 112)). The motivation statement set forth above to combine Inoue and UCHIDA references with respect to claim 3 applies here.
Claim(s) 9-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inoue (US 20190297267 A1) in view of UCHIDA et al. (US 20130093856 A1) as applied to claim 3, and further in view of FUJII (US 20130076868 A1).
Regarding claim 9, Inoue in view of UCHIDA do not disclose wherein the processor is configured to determine whether or not the first object is noise in a case where it is determined that the first evaluation value is larger than a first threshold.
However, FUJII teaches wherein the processor is configured to determine whether or not the first object is noise (Figs. 1-8, ¶0061-0067: Owing to object detection processing, the fact that an image 81L of the sky is in the upper portion of object image 80L and an image 83L of the earth is in a lower portion is detected… since a face image has been detected from the left-eye image 70L, the portion of the other image 84L that corresponds to the face image is enclosed within a face frame 85L…Since a face image is not detected from the right-eye image 70R, the portion of the other image 84R that corresponds to a face image is not enclosed within a face frame…With reference again to FIG. 3, AF evaluation values of the images (image 81L of the sky, image 82L of the building, image 83L of the earth and other image 84L) of the detected object regions and the AF evaluation value of the detected face image (the image enclosed within the face frame 85L) are calculated in the object image 80L of the left-eye image 70L in which the face image was detected (step 55)….The AF evaluation values are the high-frequency components of image data obtained by image capture while the focusing lens 12 or 22 is moved from a home position. By using the amount of movement (number of driving pulses of the motor driver 15 or 25) from the home position of the focusing lens 12 or 22 that gives the largest AF evaluation value). It is noted that FUJII does not use the term “noise”. However, FUJII discloses excluding non-valid detected objects, and meets the required functionality of this limitation. in a case where it is determined that the first evaluation value is larger than a first threshold (¶0054: When the left-eye image 70L and right-eye image 70R are obtained by imaging, face image detection processing is executed in the images of respective ones of the left-eye image 70L and right-eye image 70R (step 51)…If a plurality of face images are extracted, then, in the image having the largest number of detected face images, a region obtained by enlarging or reducing these detected face images to the size that prevailed prior to resizing is adopted as the face image region).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention have modified Inoue’s imaging apparatus by incorporating the teaching of FUJII as noted above, in order to accurately detect a face image from both left- and right-eye images that constitute a stereoscopic image (FUJII :¶0003).
Regarding claim 10, Inoue in view of UCHIDA and FUJII discloses the image pickup apparatus according to claim 9. FUJII further discloses wherein the processor is configured to determine whether the first object is the noise (Figs. 1-8, ¶0061-0067: Owing to object detection processing, the fact that an image 81L of the sky is in the upper portion of object image 80L and an image 83L of the earth is in a lower portion is detected… since a face image has been detected from the left-eye image 70L, the portion of the other image 84L that corresponds to the face image is enclosed within a face frame 85L… Since a face image is not detected from the right-eye image 70R, the portion of the other image 84R that corresponds to a face image is not enclosed within a face frame… With reference again to FIG. 3, AF evaluation values of the images (image 81L of the sky, image 82L of the building, image 83L of the earth and other image 84L) of the detected object regions and the AF evaluation value of the detected face image (the image enclosed within the face frame 85L) are calculated in the object image 80L of the left-eye image 70L in which the face image was detected (step 55)….The AF evaluation values are the high-frequency components of image data obtained by image capture while the focusing lens 12 or 22 is moved from a home position. By using the amount of movement (number of driving pulses of the motor driver 15 or 25) from the home position of the focusing lens 12 or 22 that gives the largest AF evaluation value). It is noted that FUJII does not use the term “noise”. However, FUJII discloses excluding non-valid detected objects, and meets the required functionality of this limitation. based on a distance between a first position of the first object in a first frame of the first image data and a second position of the first object in a second frame next to the first frame (Figs. 8, 10, 13-14: ¶0067, 0078-82: the distance from the stereoscopic imaging digital camera to an object represented by the image within an object region or to the detected face image is calculated (step 56). For example, assume that the distance to the building represented by the image 82L of the building is Xm and that the distance to the person represented by the other image 84L is Ym, as shown in FIG. 8a, and assume that the distance to the building represented by the image 82R of the building is Xm and that the distance to the person represented by the other image 84R is Ym, as shown in FIG. 8b). The motivation statement set forth above with respect to claim 9 applies here.
Regarding claim 11, Inoue in view of UCHIDA and FUJII teaches the image pickup apparatus according to claim 10. UCHIDA further teaches wherein the processor is configured to determine that the first object is the main object in a case where it is determined that the distance is smaller than a second threshold (¶0105: it is determined whether the size Sx1 of the left-eye image is equal to or greater than the face-size comparison threshold value Sxlimit (first threshold value)…it is determined whether the size Sx2 of the right-eye image is equal to or greater than the face-size comparison threshold value Sxlimit …it is deemed that the distance from the stereoscopic imaging digital camera 70 to the subject is comparatively short… focusing control of the left-eye image capture device 10 utilizing the face detected from the left-eye image is carried out (step 109)). The motivation statement set forth above to combine Inoue and UCHIDA references with respect to claim 3 applies here.
Regarding claim 12, Inoue in view of UCHIDA and FUJII teaches the image pickup apparatus according to claim 10. UCHIDA further teaches wherein the processor is configured to determine whether the second object exists at a position corresponding to the second position in the second image data in a case where it is determined that the distance is larger than a second threshold (¶0106: If the face size Sx1 of the face in the left-eye image is less than the face-size comparison threshold value Sxlimit ("NO" at step 107A), or if the face size Sx2 of the face in the right-eye image is less than the face-size comparison threshold value Sxlimit ("NO" at step 108A), then it is deemed that the distance from the stereoscopic imaging digital camera 70 to the subject is comparatively long…focusing control of the right-eye image capture device 30 is carried out to make the in-focus position thereof conform to the in-focus position of the left-eye image capture device 10 (step 112)). The motivation statement set forth above to combine Inoue and UCHIDA references with respect to claim 3 applies here.
Regarding claim 13, Inoue in view of UCHIDA and FUJII teaches the image pickup apparatus according to claim 10. UCHIDA further teaches wherein the processor is configured to: determine that the second object is the main object in a case where it is determined that the second object exists at a position corresponding to the second position in the second image data (Fis. 2-3: ¶0071: Right-eye image 80R contains a subject image 81R representing the subject 71. A face 82R is detected in the right-eye image 80R by executing face detection processing. A face frame 83R is being displayed so as to enclose the face 82R). Furthermore, FIJII teaches determine that the first object is the noise in a case where it is determined that the second object does not exist at the position corresponding to the second position in the second image data (Figs. 1-8, ¶0061-0067: Owing to object detection processing, the fact that an image 81L of the sky is in the upper portion of object image 80L and an image 83L of the earth is in a lower portion is detected… since a face image has been detected from the left-eye image 70L, the portion of the other image 84L that corresponds to the face image is enclosed within a face frame 85L…Since a face image is not detected from the right-eye image 70R, the portion of the other image 84R that corresponds to a face image is not enclosed within a face frame…With reference again to FIG. 3, AF evaluation values of the images (image 81L of the sky, image 82L of the building, image 83L of the earth and other image 84L) of the detected object regions and the AF evaluation value of the detected face image (the image enclosed within the face frame 85L) are calculated in the object image 80L of the left-eye image 70L in which the face image was detected (step 55)….The AF evaluation values are the high-frequency components of image data obtained by image capture while the focusing lens 12 or 22 is moved from a home position. By using the amount of movement (number of driving pulses of the motor driver 15 or 25) from the home position of the focusing lens 12 or 22 that gives the largest AF evaluation value). It is noted that FUJII does not use the term “noise”. However, FUJII discloses excluding non-valid detected objects, and meets the required functionality of this limitation. The motivation statement set forth above with respect to claim 9 applies here.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inoue (US 20190297267 A1) in view of FUJII (US 20130076868 A1).
Regarding claim 15, Inoue does not disclose the processor is configured to: determine that an object having a highest evaluation value among a plurality of objects determined to exist in the first image data is the first object, and determine that the object having the highest evaluation value among a plurality of objects determined to exist in the second image data is the second object.
However, FIJII teaches the processor is configured to: determine that an object having a highest evaluation value among a plurality of objects determined to exist in the first image data is the first object, and determine that the object having the highest evaluation value among a plurality of objects determined to exist in the second image data is the second object. (Figs. 2, 5-8: ¶0047-0051: the stereoscopic imaging digital camera according to this embodiment can detect not only face images but also the images of prescribed objects (sky, water, trees, earth and buildings, etc.) from within an image. ¶0066-0067: With reference again to FIG. 3, AF evaluation values of the images (image 81L of the sky, image 82L of the building, image 83L of the earth and other image 84L) of the detected object regions and the AF evaluation value of the detected face image (the image enclosed within the face frame 85L) are calculated in the object image 80L of the left-eye image 70L in which the face image was detected (step 55)…Similarly, AF evaluation values of the images (image 81R of the sky, image 82R of the building, image 83R of the earth and other image 84R) of the detected object regions are calculated in the object image 80R of the right-eye image 70R in which the face image was not detected (step 55)…The AF evaluation values are the high-frequency components of image data obtained by image capture while the focusing lens 12 or 22 is moved from a home position. By using the amount of movement (number of driving pulses of the motor driver 15 or 25) from the home position of the focusing lens 12 or 22 that gives the largest AF evaluation value).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention have modified Inoue’s imaging apparatus by incorporating the teaching of FUJII as noted above, in order to accurately detect a face image from both left- and right-eye images that constitute a stereoscopic image (FUJII :¶0003)
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHNAEL AYNALEM whose telephone number is (571)270-1482. The examiner can normally be reached M-F 9AM-5:30 PM ET.
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/NATHNAEL AYNALEM/Primary Examiner, Art Unit 2488
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