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 .
DETAILED ACTION
Claims 1 – 20 are pending in this application. Claims 1, 13 and 19 are independent.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim(s) 1 – 9, 11, 13 and 15 – 20 are rejected under 35 U.S.C. 101 because the claimed invention, under its broadest reasonable interpretation, is directed to an abstract idea without significantly more. In the present case, claim(s) 1 – 9, 11, 13 and 15 – 20 (as a whole) are directed to an abstract idea. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception, as explained in the analysis (subject matter eligibility test) presented below.
Step 1: Is/Are the claim(s) directed to a process, machine, manufacture or composition of
matter? YES.
Step 2A: Is the claimed concept directed to a law of nature, a natural phenomenon, or an
abstract idea as previously identified (i.e., as judicially recognized exceptions) by the courts? YES.
Claim(s) 1, 13 and 19 (as a whole), under the broadest reasonable interpretation of the claims, are directed to an abstract idea in the form of merely obtaining data; determining data (e.g., a position of the target object); and sending data (e.g., the position of the target object).
These steps fall within "An Idea 'Of Itself'" – MPEP § 2106.04(a)(2) Part (III) – e.g., organizing or analyzing information in a way that can be performed mentally or is analogous to human mental work, which are well-established abstract ideas previously identified (i.e., as judicially recognized exceptions) by the courts.
They provide nothing more than mere instructions to implement the said abstract idea on a generic physical hardware. The recited device merely automates conventional monitoring using known devices. Thus, the claim(s) does/do not integrate the judicial exception into a practical application.
Step 2B: Do (es) the claim(s) recite additional elements that amount to significantly more
than the judicial exception? NO.
The elements, individually and in combination, do not amount to significantly more
than the abstract idea. The claimed hardware components perform their routine functions in conventional ways, and thus are insignificant extra-solution activities which fall within judicially recognized exceptions.
Conclusion: In view of the analysis presented above, the said claim(s) are not directed to
eligible subject matter under 35 U.S.C. §101 because they are directed to an abstract idea and do not recite additional elements that amount to significantly more than the abstract idea. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claim(s) are not patent eligible.
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 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.
Claim(s) 1 – 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by ZHAO, Cong (US-20170134631-A1, hereinafter simply referred to as Cong).
Regarding independent claim 1, Cong teaches:
A control method comprising: obtaining sensing data output by an observation sensor of a movable platform (e.g., movable object 310 (FIG. 3) of Cong) when sensing a target object in an environment (See at least Cong, ¶ [0050, 0083]; FIGS. 3, 6; "…the payload 302 can include one or more sensors (e.g., camera or camcorder...) for surveying or tracking one or more targets 306…The sensors can provide static sensing data (e.g., a photograph) or dynamic sensing data (e.g., a video)…", "…FIG. 6 illustrates initializing target tracking in a movable object environment 600... a movable object 603 can capture an image 601... The application 602 can use an image view 604 for displaying the image 601, which includes one or more features, e.g. the objects A-C 611-613…"); determining a position of the target object based on the sensing data (See at least Cong, ¶ [0082]; FIG. 6; "…the system can estimate the target position for continuously tracking the target as long as the tracking is successful (i.e. including the cases when the target is redetected)…"); and sending the position of the target object to another movable platform moving in the environment (See at least Cong, ¶ [0035]; FIG. 6; "…the movable object 118 and/or terminal 112 may communicate with another movable object, or a carrier or payload of another movable object…transmit data to the movable object 118, receive data (e.g., position of the target object, as claimed) from the movable object 118…").
Regarding independent claim 13, Cong teaches:
A control method of a server comprising: obtaining a position of a target object in the environment, the position of the target object being determined according to sensing data output by a movable platform (e.g., movable object 310 (FIG. 3) of Cong) in the environment sensing the target object using an observation sensor of the movable platform (See at least Cong, ¶ [0050, 0083]; FIGS. 3, 6; "…the payload 302 can include one or more sensors (e.g., camera or camcorder...) for surveying or tracking one or more targets 306…The sensors can provide static sensing data (e.g., a photograph) or dynamic sensing data (e.g., a video)…", "…FIG. 6 illustrates initializing target tracking in a movable object environment 600... a movable object 603 can capture an image 601... The application 602 can use an image view 604 for displaying the image 601, which includes one or more features, e.g. the objects A-C 611-613…"); and sending the position of the target object to another movable platform moving in the environment (See at least Cong, ¶ [0035]; FIG. 6; "…the movable object 118 and/or terminal 112 may communicate with another movable object, or a carrier or payload of another movable object…transmit data to the movable object 118, receive data (e.g., position of the target object, as claimed) from the movable object 118…").
Regarding independent claim 19, Cong teaches:
A movable platform (e.g., movable object 310 (FIG. 3) of Cong) comprising: at least one observation sensor (e.g., camera or camcorder of Cong); at least one processor (e.g., one or more processors of Cong); and at least one memory (e.g., memory of Cong) storing one or more instructions that, when executed by the at least one processor, cause the movable platform to: obtain sensing data output by the at least one observation sensor when sensing a target object in the environment during a process of the movable platform moving in the environment (See at least Cong, ¶ [0050, 0083]; FIGS. 3, 6; "…the payload 302 can include one or more sensors (e.g., camera or camcorder...) for surveying or tracking one or more targets 306…The sensors can provide static sensing data (e.g., a photograph) or dynamic sensing data (e.g., a video)…", "…FIG. 6 illustrates initializing target tracking in a movable object environment 600... a movable object 603 can capture an image 601... The application 602 can use an image view 604 for displaying the image 601, which includes one or more features, e.g. the objects A-C 611-613…"); determine a position of the target object based on the sensing data (See at least Cong, ¶ [0082]; FIG. 6; "…the system can estimate the target position for continuously tracking the target as long as the tracking is successful (i.e. including the cases when the target is redetected)…"); and send the position of the target object to another movable platform moving in the environment (See at least Cong, ¶ [0035]; FIG. 6; "…the movable object 118 and/or terminal 112 may communicate with another movable object, or a carrier or payload of another movable object…transmit data to the movable object 118, receive data (e.g., position of the target object, as claimed) from the movable object 118…").
Regarding dependent claim 2, Cong teaches:
wherein: the observation sensor includes a photographing device (See at least Cong, ¶ [0050, 0083]; FIGS. 3, 6; "…the payload 302 can include one or more sensors (e.g., camera or camcorder...) for surveying or tracking one or more targets 306…The sensors can provide static sensing data (e.g., a photograph) or dynamic sensing data (e.g., a video)…", "…FIG. 6 illustrates initializing target tracking in a movable object environment 600... a movable object 603 can capture an image 601... The application 602 can use an image view 604 for displaying the image 601, which includes one or more features, e.g. the objects A-C 611-613…"); obtaining the sensing data includes obtaining an image (e.g., image 601 (FIG. 6) of Cong) output by the photographing device when photographing the target object (See at least Cong, ¶ [0083, 0085]; FIGS. 3, 6; "…FIG. 6 illustrates initializing target tracking in a movable object environment 600... a movable object 603 can capture an image 601... The application 602 can use an image view 604 for displaying the image 601, which includes one or more features, e.g. the objects A-C 611-613…", "…the movable object 603 can use an object proposal approach at the initialization stage. As shown in FIG. 6, the system allows a user to select a point 605 on an interested object, e.g. the object B 612 in the image 601…"); and determining the position of the target object includes: determining a position of the target object in the image (See at least Cong, ¶ [0083, 0085]; FIGS. 3, 6; "…FIG. 6 illustrates initializing target tracking in a movable object environment 600... a movable object 603 can capture an image 601... The application 602 can use an image view 604 for displaying the image 601, which includes one or more features, e.g. the objects A-C 611-613…", "…the movable object 603 can use an object proposal approach at the initialization stage. As shown in FIG. 6, the system allows a user to select a point 605 on an interested object, e.g. the object B 612 in the image 601…"); and determining the position of the target object based on the position of the target object in the image (See at least Cong, ¶ [0083, 0085]; FIGS. 3, 6; "…FIG. 6 illustrates initializing target tracking in a movable object environment 600... a movable object 603 can capture an image 601... The application 602 can use an image view 604 for displaying the image 601, which includes one or more features, e.g. the objects A-C 611-613…", "…the movable object 603 can use an object proposal approach at the initialization stage. As shown in FIG. 6, the system allows a user to select a point 605 on an interested object, e.g. the object B 612 in the image 601…").
Regarding dependent claim 3, Cong teaches:
wherein the target object is selected by a user when performing a target object selection operation on a control terminal displaying the image collected by the photographing device (See at least Cong, ¶ [0083, 0085]; FIGS. 3, 6; "…FIG. 6 illustrates initializing target tracking in a movable object environment 600... a movable object 603 can capture an image 601... The application 602 can use an image view 604 for displaying the image 601, which includes one or more features, e.g. the objects A-C 611-613…", "…the movable object 603 can use an object proposal approach at the initialization stage. As shown in FIG. 6, the system allows a user to select a point 605 on an interested object, e.g. the object B 612 in the image 601…").
Regarding dependent claim 4, Cong teaches:
sending the image to a control terminal for the control terminal to display the image (See at least Cong, ¶ [0083, 0085]; FIGS. 3, 6; "…FIG. 6 illustrates initializing target tracking in a movable object environment 600... a movable object 603 can capture an image 601... The application 602 can use an image view 604 for displaying the image 601, which includes one or more features, e.g. the objects A-C 611-613…", "…the movable object 603 can use an object proposal approach at the initialization stage. As shown in FIG. 6, the system allows a user to select a point 605 on an interested object, e.g. the object B 612 in the image 601…"); and sending the position of the target object in the image to the control terminal for the control terminal to display a mark indicating the position of the target object in the image on the displayed image (See at least Cong, ¶ [0083, 0085]; FIGS. 3, 6; "…FIG. 6 illustrates initializing target tracking in a movable object environment 600... a movable object 603 can capture an image 601... The application 602 can use an image view 604 for displaying the image 601, which includes one or more features, e.g. the objects A-C 611-613…", "…the movable object 603 can use an object proposal approach at the initialization stage. As shown in FIG. 6, the system allows a user to select a point 605 on an interested object, e.g. the object B 612 in the image 601…").
Regarding dependent claim 5, Cong teaches:
wherein: the observation sensor includes a ranging sensor (e.g., controller of Cong); and obtaining the sensing data includes: obtaining a distance to the target object output by the ranging sensor (See at least Cong, ¶ [0125]; FIGS. 3, 6; "…(e.g. the controller 1203) can obtain the relative distance and orientation of the target 1206, in order to maintain the target within a proximity 1208 of the target (e.g. a predefined circular range)…") and an observation attitude of the ranging sensor (See at least Cong, ¶ [0131]; FIGS. 3, 6; "…The state information can include attitude information of the imaging device that is carried by a movable object…"); and determining the position of the target object according to the distance to the target object and the observation attitude (See at least Cong, ¶ [0132]; FIGS. 3, 6; "…when the movable object 1410 is tracking the target 1406, the controller 1405 can adjust the movable object or the gimbal to rotate about the yaw direction based on the distance between the target and the center point of the image…").
Regarding dependent claim 6, Cong teaches:
wherein the ranging sensor (e.g., carrier sensors 213 (FIG. 2) of Cong) includes a receiver for transmitting a ranging signal and receiving the ranging signal reflected by the target object (See at least Cong, ¶ [0050]; FIGS. 3, 6; "…the payload 302 can include one or more sensors for surveying or tracking one or more targets 306. Examples of such a payload may include an image capturing device or imaging device (e.g., camera or camcorder, infrared imaging device, ultraviolet imaging device, or the like), an audio capture device (e.g., a parabolic microphone), an infrared imaging device, or the like. Any suitable sensor(s) can be incorporated into the payload 302 to capture any visual, audio, electromagnetic, or any other desirable signals…").
Regarding dependent claim 7, Cong teaches:
wherein the movable platform includes a gimbal for installing the ranging sensor and adjusting the observation direction of the ranging sensor (See at least Cong, ¶ [0048]; FIGS. 3, 6; "…the movable object 310 can include a carrier 301 and a payload 302... the carrier 301 (e.g. a gimbal) may permit the payload 302 to rotate around one or more axes…"); the method further comprising: obtaining an observation direction adjustment instruction sent by a control terminal (See at least Cong, ¶ [0048, 0062]; FIGS. 3, 6; "…the movable object 310 can include a carrier 301 and a payload 302... the carrier 301 (e.g. a gimbal) may permit the payload 302 to rotate around one or more axes…", "…the same two-axis adjustment may be achieved by the carrier alone if the carrier permits the imaging device to rotate around two or more axes relative to the movable object. For instance, the carrier may include a two-axis or three-axis gimbal…"); and controlling the gimbal to adjust the observation direction of the ranging sensor toward the target object according to the observation direction adjustment instruction (See at least Cong, ¶ [0048, 0062, 0132]; FIGS. 3, 6; "…the movable object 310 can include a carrier 301 and a payload 302... the carrier 301 (e.g. a gimbal) may permit the payload 302 to rotate around one or more axes…", "…the same two-axis adjustment may be achieved by the carrier alone if the carrier permits the imaging device to rotate around two or more axes relative to the movable object. For instance, the carrier may include a two-axis or three-axis gimbal…", "…when the movable object 1410 is tracking the target 1406, the controller 1405 can adjust the movable object or the gimbal to rotate about the yaw direction based on the distance between the target and the center point of the image…").
Regarding dependent claim 8, Cong teaches:
wherein the movable platform includes a photographing device; the method further comprising: sending an image captured by the photographing device to a control terminal of the movable platform for the control terminal to display the image (See at least Cong, ¶ [0050, 0083]; FIGS. 3, 6; "…the payload 302 can include one or more sensors (e.g., camera or camcorder...) for surveying or tracking one or more targets 306…The sensors can provide static sensing data (e.g., a photograph) or dynamic sensing data (e.g., a video)…", "…FIG. 6 illustrates initializing target tracking in a movable object environment 600... a movable object 603 can capture an image 601... The application 602 can use an image view 604 for displaying the image 601, which includes one or more features, e.g. the objects A-C 611-613…"); and performing: determining a position of the target object in the image according to the position of the target object (See at least Cong, ¶ [0082]; FIG. 6; "…the system can estimate the target position for continuously tracking the target as long as the tracking is successful (i.e. including the cases when the target is redetected)…").
Regarding dependent claim 9, Cong teaches:
wherein the relay device includes at least one of a control terminal corresponding to the movable platform, a server, or a control terminal corresponding to the another movable platform (See at least Cong, ¶ [00352]; FIG. 6; "…the remote device can be connected to the Internet or other telecommunications network, such that data received from the movable object 118 and/or terminal 112 can be uploaded to a website or server.…").
Regarding dependent claim 10, Cong teaches:
wherein: the position of the target object is transmitted to the another movable platform for the another movable platform to control zoom of a photographing device of the another movable platform according to the position of the target object (See at least Cong, ¶ [0035]; FIG. 6; "…the movable object 118 and/or terminal 112 may communicate with another movable object, or a carrier or payload of another movable object…transmit data to the movable object 118, receive data (e.g., position of the target object, as claimed) from the movable object 118…"); and/or the position of the target object is transmitted to the another movable platform for the another movable platform to track the target object according to the position of the target object (See at least Cong, ¶ [0035]; FIG. 6; "…the movable object 118 and/or terminal 112 may communicate with another movable object, or a carrier or payload of another movable object…transmit data to the movable object 118, receive data (e.g., position of the target object, as claimed) from the movable object 118…")..
Regarding dependent claim 11, Cong teaches:
wherein: the movable platform and the another movable platform are bound to a same owner or workgroup (See at least Cong, ¶ [0073]; FIG. 6; "…the control data may be generated based on information obtained from non-user sources such as a remote or local data store, other computing devices operatively connected to the control terminal, or the like…").
Regarding dependent claims 12 and 14, Cong teaches:
controlling the another movable platform to adjust a photographing direction of a photographing device of the another movable platform to face the target object, according to the position of the target object (See at least Cong, ¶ [0048, 0062, 0132]; FIGS. 3, 6; "…the movable object 310 can include a carrier 301 and a payload 302... the carrier 301 (e.g. a gimbal) may permit the payload 302 to rotate around one or more axes…", "…the same two-axis adjustment may be achieved by the carrier alone if the carrier permits the imaging device to rotate around two or more axes relative to the movable object. For instance, the carrier may include a two-axis or three-axis gimbal…", "…when the movable object 1410 is tracking the target 1406, the controller 1405 can adjust the movable object or the gimbal to rotate about the yaw direction based on the distance between the target and the center point of the image…").
Regarding dependent claim 15, Cong teaches:
determining the another movable platform that is bound to a same owner or workgroup as the movable platform (See at least Cong, ¶ [0073]; FIG. 6; "…the control data may be generated based on information obtained from non-user sources such as a remote or local data store, other computing devices operatively connected to the control terminal, or the like…"); wherein sending the position of the target object to the another movable platform or to the relay device includes: sending the position of the target object to the another movable platform bound to the movable platform or sending the position of the target object to the relay device to forward, through the relay device, the position of the target object to the another movable platform bound to the movable platform (See at least Cong, ¶ [0048, 0062, 0132]; FIGS. 3, 6; "…the movable object 310 can include a carrier 301 and a payload 302... the carrier 301 (e.g. a gimbal) may permit the payload 302 to rotate around one or more axes…", "…the same two-axis adjustment may be achieved by the carrier alone if the carrier permits the imaging device to rotate around two or more axes relative to the movable object. For instance, the carrier may include a two-axis or three-axis gimbal…", "…when the movable object 1410 is tracking the target 1406, the controller 1405 can adjust the movable object or the gimbal to rotate about the yaw direction based on the distance between the target and the center point of the image…").
Regarding dependent claim 16, Cong teaches:
wherein: determining the another movable platform bound to the same owner or workgroup as the movable platform includes: obtaining identity information of the movable platform (See at least Cong, ¶ [0173]; FIGS. 3, 6; "…the position and attitude information of the movable object are received from a control module for the movable object, and attitude information of the imaging device is received from a payload stabilization control module…"); and determining the another movable platform bound to the movable platform according to the identity information (See at least Cong, ¶ [0173]; FIGS. 3, 6; "…the position and attitude information of the movable object are received from a control module for the movable object, and attitude information of the imaging device is received from a payload stabilization control module…").
Regarding dependent claim 17, Cong teaches:
determining the another movable platform in the environment from a plurality of candidate movable platforms (e.g., movable objects of Cong) (See at least Cong, ¶ [0173]; FIGS. 3, 6; "…the position and attitude information of the movable object are received from a control module for the movable object, and attitude information of the imaging device is received from a payload stabilization control module…").
Regarding dependent claim 18, Cong teaches:
wherein the movable platform and the another movable platform are bound to a same owner or workgroup (See at least Cong, ¶ [0173]; FIGS. 3, 6; "…the position and attitude information of the movable object are received from a control module for the movable object, and attitude information of the imaging device is received from a payload stabilization control module…").
Regarding dependent claim 20, Cong teaches:
wherein: the at least observation sensor includes a photographing device (See at least Cong, ¶ [0050]; FIGS. 3, 6; "…the payload 302 can include one or more sensors for surveying or tracking one or more targets 306. Examples of such a payload may include an image capturing device or imaging device (e.g., camera or camcorder, infrared imaging device, ultraviolet imaging device, or the like), an audio capture device (e.g., a parabolic microphone), an infrared imaging device, or the like. Any suitable sensor(s) can be incorporated into the payload 302 to capture any visual, audio, electromagnetic, or any other desirable signals…"), and the one or more instructions, when executed by the at least one processor, further cause the at least one processor to: obtain an image output by the photographing device (See at least Cong, ¶ [0050]; FIGS. 3, 6; "…the payload 302 can include one or more sensors for surveying or tracking one or more targets 306. Examples of such a payload may include an image capturing device or imaging device (e.g., camera or camcorder, infrared imaging device, ultraviolet imaging device, or the like), an audio capture device (e.g., a parabolic microphone), an infrared imaging device, or the like. Any suitable sensor(s) can be incorporated into the payload 302 to capture any visual, audio, electromagnetic, or any other desirable signals…"); determine a position of the target object in the image; and determine the position of the target object based on the position of the target object in the image (See at least Cong, ¶ [0082]; FIG. 6; "…the system can estimate the target position for continuously tracking the target as long as the tracking is successful (i.e. including the cases when the target is redetected)…".
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure: See the Notice of References Cited (PTO–892)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IDOWU O OSIFADE whose telephone number is (571)272-0864. The Examiner can normally be reached on Monday-Friday 8:00am-5:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the Examiner’s Supervisor, JOHN VILLECCO can be reached on (571) 272 – 7319. The fax phone number for the organization where this application or proceeding is assigned is (571) 273 – 8300.
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/IDOWU O OSIFADE/Primary Examiner, Art Unit 2675
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