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 .
Election/Restrictions
Claims 10 and 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03/12/2026.
Foreign Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/30/25, 10/30/24 and 07/17/24 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
(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.
4.) Claim(s) 1, 3-4, 9, 11-12, 14-16, and 18-19 is/are rejected under 35 U.S.C. 102 (a1) (a2) as being anticipated by Kim et al. (US Pub No.: 2023/0171502A1).
With regard to Claim 1, Kim et al. disclose an electronic apparatus (Portable terminal mounted on a rotatable terminal cradle to generate a 360° captured image by controlling operations of the terminal cradle, Abstract; Figures 1-3) comprising:
a camera (The camera unit 220 includes one or more cameras, Paragraphs 0056-0057; Figure 3);
a driver (Motor unit 121, Paragraphs 0047-0051; Figures 1-3);
at least one memory storing one or more instructions (The memory 240 may store programs (one or more instructions) for processing and controlling of the processor 260, Paragraph 0059; Figures 1-3); and
one or more processors operably connected to the camera, the driver, and the at least one memory (The processor 260 controls the overall operation of the portable terminal 200, Figures 1-5; Paragraphs 0061-0062, 0070-0087),
wherein the one or more instructions, when executed by the one or more processors (The processor 260 generally controls the overall operation of the portable terminal 200 in addition to the operations related to application programs. The processor 260 processes signals, data, information, etc. that are input or output through the components described above, or runs the application programs stored in the memory 240, thereby providing or processing appropriate information or functions to a user, Paragraphs 0063-0064), cause the electronic apparatus to:
obtain an image captured through the camera (When the control unit 420 receives an image generation input from a user (S602), the control unit 420 may generate a first captured image by imaging in the current imaging direction, that is, the imaging direction that the portable terminal 100 faces (S603), Paragraphs 0093-0094; Figures 1-6); and
based on an object included in the image (human object), control the driver to change a photographic method of the camera and a placement state of the electronic apparatus (The driving control unit 510 may control driving of the terminal cradle 100 according to the control of the imaging control unit 520, Paragraphs 0083-0085. The control unit 420 may transmit a driving command to the terminal cradle 100 such that the imaging direction of the portable terminal 100, that is, the front direction, rotates a preset angle clockwise or counterclockwise (S604). The terminal cradle 100 may rotate the front of the portable terminal a preset angle clockwise or counterclockwise in accordance with the received driving command (S605). The control unit 420 determines whether a human object is present by recognizing objects in the first captured image and the second captured image, and can perform re-imaging in the imaging direction when a human object is present (S607). The control unit 420 may repeatedly perform imaging direction rotation (S604), imaging (S606), and determining a human object and re-imaging (S607) such that 360° imaging is completed (S608). Through the re-imaging process, a 360° image in which a human is not displayed can be generated, Paragraphs 0092-0101; Figures 5-9).
Regarding Claim 3, Kim et al. disclose the electronic apparatus of claim 1, wherein the one or more instructions, when executed by the one or more processors, further cause the electronic apparatus to: obtain a recaptured image through the camera while a position of the electronic apparatus is changed (terminal cradle rotates) (When the terminal cradle 100 finishes rotating according to the driving command, the control unit 420 may generate a second captured image by imaging in the changed imaging direction (S606).The control unit 420 determines whether a human object is present by recognizing objects in the first captured image and the second captured image, and can perform re-imaging in the imaging direction when a human object is present (S607), Paragraphs 0096-0100; Figures 1-6); and based on an object (human object) included in the recaptured image, control the driver to adjust the photographic method of the camera and adjust the placement state of the electronic apparatus (The control unit 420 may include an object extraction model that can extract a human object from an input image by performing machine learning on a plurality of learning images including a human object, that is, the learning model 530. The control unit 420 may repeatedly perform imaging direction rotation (S604), imaging (S606), and determining a human object and re-imaging (S607) such that 360° imaging is completed (S608), Paragraphs 0099-0108; Figures 1-9).
In regard to Claim 4, Kim et al. disclose the electronic apparatus of claim 1, wherein the at least one memory stores a first neural network model and a second neural network model, and wherein the one or more instructions, when executed by the one or more processors, further cause the electronic apparatus to: obtain a target image corresponding to the object included in the image by inputting the image into the first neural network model, obtain placement information of the electronic apparatus corresponding to the target image by inputting the image and the target image into the second neural network model (The learning model may be composed of a plurality of neural network layers. The plurality of neural network layers each have a plurality of weight values, and can perform learning model calculation through calculation between a calculation result and the plurality of weight values of a previous layer. The plurality of weight values of the plurality of neural network layers may be optimized by a learning result of the learning model, Paragraphs 0125-0126), obtain a plurality of candidate images corresponding to each of a plurality of pieces of preliminary placement information based on the placement information (The learning model 530 is an object extraction model that can extract a human object from an input image by performing machine learning on a plurality of learning images including a human object. For example, the learning model 530 may extract objects from a captured image on the basis of machine learning and identify human objects among the extracted objects, Paragraphs 0089-0090, 0099, 0125), and control the driver to change the placement state of the electronic apparatus based on a candidate image corresponding to the target image from among the plurality of candidate images (When the learning model 530 recognizes a human object in a captured image, the learning model 530 may inform the imaging control unit 520 of this fact. When a human object is recognized in a captured image in a specific imaging direction, the imaging control unit 520 may set re-imaging for the imaging direction. When a 360° image is formed, the presence of a human object is recognized in advance and re-imaging is performed in the imaging direction in which a human object is recognized such the human object is not recognized, so it is possible to contribute to generating a simpler and more precise 3D model using less resources, Paragraphs 0089-0090, 0099, 0125).
Regarding Claim 9, Kim et al. disclose the electronic apparatus of claim 1, wherein the at least one memory stores information regarding a movement range of the electronic apparatus (preset angle of rotation), and wherein the one or more instructions, when executed by the one or more processors, further cause the electronic apparatus to control the driver to change the placement state of the electronic apparatus within the movement range (An operation of receiving an image generation input from a user; an operation of generating a first captured image by imaging in an imaging direction that the portable terminal faces; an operation of transmitting a driving command to the terminal cradle such that the imaging direction of the portable terminal rotates a preset angle clockwise or counterclockwise; an operation of generating a second captured image by imaging in the rotated imaging direction when the terminal cradle finishes rotating according to the driving command; and an operation of determining whether a human object is present by recognizing objects in the first captured image and the second captured image, and performing re-imaging in the imaging direction when a human object is present, Paragraphs 0095-0096; Claim 1).
With regard to Claim 11, Kim et al. disclose the electronic apparatus as claimed in claim 1, further comprising a user interface, wherein the one or more instructions, when executed by the one or more processors, further cause the electronic apparatus to control the driver to change the placement state of the electronic apparatus based on a user command received through the user interface (A user interface unit that provides a user interface to a user and receives an image generation input from the user through the user interface; and a control unit that performs control to generate a plurality of captured images for configuring a 360° captured image by controlling driving of the terminal cradle and the camera unit to generate a captured image when the image generation input is received, wherein the control unit determines whether a human object is present by recognizing objects in a captured image, and performs setting to perform re-imaging on a corresponding image when a human object is present, Claim 8).
Method Claims 12 and 14-15 corresponds to apparatus claims 1 and 3-4 and are rejected as discussed in the above rejection to apparatus claims 1 and 3-4.
With regard to Claim 16, Kim et al. disclose an electronic apparatus (Portable terminal mounted on a rotatable terminal cradle to generate a 360° captured image by controlling operations of the terminal cradle, Abstract; Figures 1-3) comprising:
a camera (The camera unit 220 includes one or more cameras, Paragraphs 0056-0057; Figure 3);
a driver (Motor unit 121, Paragraphs 0047-0051; Figures 1-3);
at least one memory storing one or more instructions (The memory 240 may store programs (one or more instructions) for processing and controlling of the processor 260, Paragraph 0059; Figures 1-3); and
one or more processors operably connected to the camera, the driver, and the at least one memory (The processor 260 controls the overall operation of the portable terminal 200, Figures 1-5; Paragraphs 0061-0062, 0070-0087),
wherein the one or more instructions, when executed by the one or more processors (The processor 260 generally controls the overall operation of the portable terminal 200 in addition to the operations related to application programs. The processor 260 processes signals, data, information, etc. that are input or output through the components described above, or runs the application programs stored in the memory 240, thereby providing or processing appropriate information or functions to a user, Paragraphs 0063-0064), cause the electronic apparatus to:
obtain an image captured through the camera (When the control unit 420 receives an image generation input from a user (S602), the control unit 420 may generate a first captured image by imaging in the current imaging direction, that is, the imaging direction that the portable terminal 100 faces (S603), Paragraphs 0093-0094; Figures 1-6); and
based on an object included in the image (human object), change a photographing method of the camera and control the driver to change a placement state of the electronic apparatus (The driving control unit 510 may control driving of the terminal cradle 100 according to the control of the imaging control unit 520, Paragraphs 0083-0085. The control unit 420 may transmit a driving command to the terminal cradle 100 such that the imaging direction of the portable terminal 100, that is, the front direction, rotates a preset angle clockwise or counterclockwise (S604). The terminal cradle 100 may rotate the front of the portable terminal a preset angle clockwise or counterclockwise in accordance with the received driving command (S605). The control unit 420 determines whether a human object is present by recognizing objects in the first captured image and the second captured image, and can perform re-imaging in the imaging direction when a human object is present (S607). The control unit 420 may repeatedly perform imaging direction rotation (S604), imaging (S606), and determining a human object and re-imaging (S607) such that 360° imaging is completed (S608). Through the re-imaging process, a 360° image in which a human is not displayed can be generated, Paragraphs 0092-0101; Figures 5-9).
Regarding Claim 18, Kim et al. disclose the electronic apparatus of claim 16, wherein the one or more instructions, when executed by the one or more processors, further cause the electronic apparatus to: based on a position of the electronic apparatus being changed (terminal cradle rotates), obtain a recaptured image through the camera (When the terminal cradle 100 finishes rotating according to the driving command, the control unit 420 may generate a second captured image by imaging in the changed imaging direction (S606).The control unit 420 determines whether a human object is present by recognizing objects in the first captured image and the second captured image, and can perform re-imaging in the imaging direction when a human object is present (S607), Paragraphs 0096-0100; Figures 1-6); and based on an object (human object) included in the recaptured image, control the driver to adjust the placement state of the electronic apparatus (The control unit 420 may include an object extraction model that can extract a human object from an input image by performing machine learning on a plurality of learning images including a human object, that is, the learning model 530. The control unit 420 may repeatedly perform imaging direction rotation (S604), imaging (S606), and determining a human object and re-imaging (S607) such that 360° imaging is completed (S608), Paragraphs 0099-0108; Figures 1-9).
In regard to Claim 19, Kim et al. disclose the electronic apparatus of claim 16, wherein the at least one memory stores information regarding a movement range of the electronic apparatus (preset angle of rotation), and wherein the one or more instructions, when executed by the one or more processors, further cause the electronic apparatus to control the driver to change the placement state of the electronic apparatus within the movement range (An operation of receiving an image generation input from a user; an operation of generating a first captured image by imaging in an imaging direction that the portable terminal faces; an operation of transmitting a driving command to the terminal cradle such that the imaging direction of the portable terminal rotates a preset angle clockwise or counterclockwise; an operation of generating a second captured image by imaging in the rotated imaging direction when the terminal cradle finishes rotating according to the driving command; and an operation of determining whether a human object is present by recognizing objects in the first captured image and the second captured image, and performing re-imaging in the imaging direction when a human object is present, Paragraphs 0095-0096; Claim 1).
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.
5.) Claim(s) 2, 13 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US Pub No.: 2023/0171502A1) as applied to claims 1, 12 and 16 above, and further in view of Kim et al. (US Pub No.: 2017/0192422A1) [referred to as Kim et al. 2].
In regard to Claim 2, Kim et al. disclose the electronic apparatus of claim 1, wherein the one or more instructions, when executed by the one or more processors, further cause the electronic apparatus to control the driver to perform at least one of changing a position of the electronic apparatus or changing a direction of the camera (An image generation method implementing a terminal cradle that is performed in a portable terminal mounted on a rotatably driven terminal cradle to generate a 360° captured image by controlling operation of the terminal cradle, the 360° captured image being implemented to generate a virtual space corresponding to a captured real space, the image generation method comprising: an operation of establishing communication with the terminal cradle; an operation of receiving an image generation input from a user; an operation of generating a first captured image by imaging in an imaging direction that the portable terminal faces; an operation of transmitting a driving command to the terminal cradle such that the imaging direction of the portable terminal rotates a preset angle clockwise or counterclockwise; an operation of generating a second captured image by imaging in the rotated imaging direction when the terminal cradle finishes rotating according to the driving command; and an operation of determining whether a human object is present by recognizing objects in the first captured image and the second captured image, and performing re-imaging in the imaging direction when a human object is present, Claim 1 and Figures 1-8).
However, Kim et al. do not explicitly disclose based on the object included in the image: control the camera to zoom in or zoom out. Kim et al. 2 teach of controlling a camera to zoom in or zoom out based on an object in an image, (Kim et al. 2 disclose an unmanned image capturing device and a method of operation thereof are provided. The unmanned image capturing device includes a movement device that moves the unmanned image capturing device; a camera; a communication circuit; a location detection circuit that detects a location of the unmanned image capturing device; a processor; and a memory that stores instructions. The processor moves the unmanned image capturing device, captures a plurality of images, detects a plurality of three-dimensional locations, at which the plurality of images are respectively captured, sends at least one of the captured images and information about the respective detected location of the at least one of the captured images, receives information about a change in the at least one of the captured images or information about an image selection, and controls the movement device to move the unmanned image capturing device to a location based on the received information, Abstract of Kim et al. 2. Kim et al. 2 teach that instructions causes the processor to allow the camera to zoom in or out, or to get closer to or far away from a specified object, based at least a part on the signal, Paragraphs 0074, 0111 and Claim 9 of Kim et al. 2. It would have been obvious and well-known to one of ordinary skill in the art before the effective filing date of the claimed invention to enable the teachings of Kim et al. to include the features of zooming in and out on an object as taught by Kim et al. 2, because this provides enhanced focus on the object being imaged).
Method Claim 13 corresponds to apparatus claim 2 and is rejected as discussed in the above rejection to apparatus claim 2.
With regard to Claim 17, Kim et al. disclose the electronic apparatus of claim 16, wherein the one or more instructions, when executed by the one or more processors, further cause the electronic apparatus to control the driver to change the placement state of the electronic apparatus by changing a position of the electronic apparatus or changing a direction of the camera (An image generation method implementing a terminal cradle that is performed in a portable terminal mounted on a rotatably driven terminal cradle to generate a 360° captured image by controlling operation of the terminal cradle, the 360° captured image being implemented to generate a virtual space corresponding to a captured real space, the image generation method comprising: an operation of establishing communication with the terminal cradle; an operation of receiving an image generation input from a user; an operation of generating a first captured image by imaging in an imaging direction that the portable terminal faces; an operation of transmitting a driving command to the terminal cradle such that the imaging direction of the portable terminal rotates a preset angle clockwise or counterclockwise; an operation of generating a second captured image by imaging in the rotated imaging direction when the terminal cradle finishes rotating according to the driving command; and an operation of determining whether a human object is present by recognizing objects in the first captured image and the second captured image, and performing re-imaging in the imaging direction when a human object is present, Claim 1 and Figures 1-8).
However, Kim et al. do not explicitly disclose based on the object included in the image: control the camera to zoom in or zoom out. Kim et al. 2 teach of controlling a camera to zoom in or zoom out based on an object in an image, (Kim et al. 2 disclose an unmanned image capturing device and a method of operation thereof are provided. The unmanned image capturing device includes a movement device that moves the unmanned image capturing device; a camera; a communication circuit; a location detection circuit that detects a location of the unmanned image capturing device; a processor; and a memory that stores instructions. The processor moves the unmanned image capturing device, captures a plurality of images, detects a plurality of three-dimensional locations, at which the plurality of images are respectively captured, sends at least one of the captured images and information about the respective detected location of the at least one of the captured images, receives information about a change in the at least one of the captured images or information about an image selection, and controls the movement device to move the unmanned image capturing device to a location based on the received information, Abstract of Kim et al. 2. Kim et al. 2 teach that instructions causes the processor to allow the camera to zoom in or out, or to get closer to or far away from a specified object, based at least a part on the signal, Paragraphs 0074, 0111 and Claim 9 of Kim et al. 2. It would have been obvious and well-known to one of ordinary skill in the art before the effective filing date of the claimed invention to enable the teachings of Kim et al. to include the features of zooming in and out on an object as taught by Kim et al. 2, because this provides enhanced focus on the object being imaged).
6.) Allowable Subject Matter
Claims 5-8 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PRITHAM DAVID PRABHAKHER whose telephone number is (571)270-1128. The examiner can normally be reached Monday to Friday 8:00 am to 5:00 pm EST.
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Pritham David Prabhakher
Patent Examiner
Pritham.Prabhakher@uspto.gov
/PRITHAM D PRABHAKHER/Primary Examiner, Art Unit 2638
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