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 .
Claim Interpretation
Claim(s) 1-11 do not use “means for” (or “step for”) language, or generic placeholders for "means” coupled with functional language without recitation of sufficient structure for carrying out the claimed functions and therefore do not invoke 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph).
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) 1, 2 4, 8, 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2017/0227162 A1 (hereinafter GoPro) in view of Official Notice.
[claim 1]
Regarding claim 1, GoPro teaches a remote-control camera system (Figure 1; para [0038], the mount platform 110 transmits the video currently being captured to a remote controller, with which a user controls the movement of the mount platform 110, via a wireless communication network) comprising:
at least one camera configured for generating digital images and data corresponding to image-related parameters detected by sensors associated with the at least one camera(Figure 1, Item 120; Figure 4; para [0027], [0064], [0066], a digital camera mounted on the electronic gimbal … the camera 120 can include sensors 440 to capture metadata associated with video data, such as timing data, motion data, speed data, acceleration data, altitude data, GPS data, and the like. In an example embodiment, location and/or time centric metadata … The image sensor 414 may capture high-definition images having a resolution of, for example, 720p, 1080p, 4k, or higher), the at least one camera having a lens attached thereto (Figure 4, Item 412; para [0034], camera body for capturing images via the one or more lenses and/or performing other functions);
a 3-axis gimbal associated with the at least one camera and configured for supporting and modifying one or more of pan, tilt and roll of the at least one camera (Figure 1, Item 100; para [0020], the gimbal comprises a 3-axis stabilization device for stabilizing a camera along pitch, roll, and yaw axes);
a control module configured for receiving and processing the digital images and image-related parameters to generate image information, and for generating control signals to each of the at least one camera and gimbal (Figure 7, Item 720; para [0047], [0072], [0074], [0093], [0095]-[0096}, The gimbal control system 150 may control the three motors 301, 302, and 303. After detecting the current orientation of the mounted object, via the sensor unit 101, the gimbal control system 150 can determine a preferred orientation along each of the three axes of rotation (i.e., yaw, pitch, and roll). The preferred orientation may be used by the gimbal control system 150 to compute a rotation for each motor in order to move the camera 120 to the preferred orientation or keep the camera 120 in the preferred orientation. In one embodiment, the gimbal control system 150 has a preferred orientation that is configured by the user. The user can input the preferred orientation of the camera 120 with a remote controller … For example, the camera 120 may be connected to an aerial vehicle 200, and control functions of the camera 120 can be manipulated before, during or after flight (e.g., at landing) by the aerial vehicle 200 or by a remote device wirelessly communicating with the camera 120 or aerial vehicle 200. For example, during flight the camera 120 can be configured to switch from shooting images at 60 frames per second from 30 frames per second (fps) … The aerial vehicle 200 may communicate with the remote controller 720 through the wireless network 725. The remote controller 725 can be a dedicated remote controller or can be another computing device such as a laptop, smartphone, or tablet that is configured to wirelessly communicate with and control the aerial vehicle 200 … The remote controller 720 also includes a screen (or display) 770 which provides for visual display … The screen 770 can allow for display of information related to the remote controller 720, such as menus for configuring the remote controller 720 or remotely configuring the aerial vehicle 200. The screen 770 also can display images or video captured from the camera 120 coupled with the aerial vehicle 200, wherein the images and video are transmitted via the wireless network 725 … The received telemetric data can be extracted from the video data stream and incorporate into predefine templates for display; note that the claim as written does not define the particular type of processing performed);
a user interface in communication with the control module, the user interface configured for displaying the digital images and the image, and for entry of user commands for causing the control module to activate control signals to execute operations of one or more of the at least one camera and the associated gimbal (para [0093], (0095]-[0096], The aerial vehicle 200 may communicate with the remote controller 720 through the wireless network 725. The remote controller 725 can be a dedicated remote controller or can be another computing device such as a laptop, smartphone, or tablet that is configured to wirelessly communicate with and control the aerial vehicle 200 … The remote controller 720 also includes a screen (or display) 770 which provides for visual display … The screen 770 can allow for display of information related to the remote controller 720, such as menus for configuring the remote controller 720 or remotely configuring the aerial vehicle 200. The screen 770 also can display images or video captured from the camera 120 coupled with the aerial vehicle 200, wherein the images and video are transmitted via the wireless network 725 … The received telemetric data can be extracted from the video data stream and incorporate into predefine templates for display).
However, GoPro does not disclose that the lens is removably attached to the camera.
Official Notice is taken that it is well known in the art to removable attach lenses to cameras so that the lens may be removed and replaced with a different removably attached lens. By allowing multiple lenses to be attached/removed from the camera, the optical properties of the camera may be freely chosen by a user to meet the user’s current desires/needs for capturing images. [claim 2]
Regarding claim 2, GoPro teaches wherein the image information associated with the digital images comprises one or a combination of lens data, focal length, focus distance, exposure, aperture, tint, flicker reduction, shutter angle/speed, image profile, sharpness, brightness, saturation, contrast, luminance, LUT, white balance, ISO, and audio level (para [0096]-[0098],[0137], [0150], The received telemetric data can be extracted from the video data stream and incorporate into predefine templates for display with the video on the screen 170 of the remote controller 720. The telemetric data also may be transmitted separate from the video from the aerial vehicle 200 to the remote controller 720. Synchronization methods such as time and/or location information can be used to synchronize the telemetric data with the video at the remote controller 720 … A processor on the mount platform 110 or the gimbal 100 can calculate a range of angles from the camera, in which the tracked object can be expected to be. This range of angles can be calculated based on an a priori estimate of GPS accuracy, a quality metric for the GPS signals received, and the distance between the mount platform 110 and the GPS tracker… EIS captures multiple source frames, analyzes the source frame to detect motion blur; note that the claim as written does not define what data may be considered “lens data” or “image profile”, thus telemetrics data regarding image capture position, direction, speed, etc. may be considered “lens data” or “image profile” data), and
wherein the control module is further configured to: generate an interactive display of the image information on the user interface (para [0130], The controller 1130 may include a display that provides for display of video or images captured by the camera 120. The controller 1130 can receive an input from a user through buttons, switches, or a touch screen and transmit an instruction to the camera 120 to perform an action); and
in response to entry of user commands via the user interface, activate control signals to execute operations of one or more of the at least one camera and the associated gimbal to adjust one or more of the image-related parameters (para (0094]-[0098), [0130], The remote controller 720 in this example includes a first control panel 750 and a second control panel 755, an ignition button 760, a return button 765 and a display 770. A first control panel, e.g., 750, can be used to control “up-down” direction (e.g. lift and landing) of the aerial vehicle 200. A second control panel, e.g., 755, can be used to control “forward-reverse” direction of the aerial vehicle 200 … The remote controller 720 can also include hardware buttons or other controls that control the gimbal 100 … The screen 770 can allow for display of information related to the remote controller 720, such as menus for configuring the remote controller 720 or remotely configuring the aerial vehicle 200 … The controller 1130 can receive an input from a user through buttons, switches, or a touch screen and transmit an instruction to the camera 120 to perform an action. This can be an instruction to take a picture or a burst of pictures, begin recording a video, terminate the recording of a video, toggle the mode of the camera 120). [claim 4]
Regarding claim 4, GoPro teaches wherein the gimbal is further configured to generate signals corresponding to gimbal-related parameters, and wherein the control module is further configured to receive the gimbal-related parameters and associate the gimbal related parameters with the image information (para [0068], [0070], [0092], An input/output (I/O) interface 460 may transmit and receive data from various external devices… sensor data from the aerial vehicle 200 and/or the gimbal 100 may be used to generate orientation metadata describing the orientation of the camera 120… a gimbal 100 attached to a remote controlled aerial vehicle 200, which communicates with a remote controller 720 via a wireless network 725).[claim 8]
Regarding claim 8, GoPro teaches wherein the control module is further configured to control movement of the at least one camera and gimbal to smooth transitions between two different points within a field of view (para [0099], [0106], [0136], the pitch is stabilized at a user-defined angle set using the remote controller 720, and the yaw is unfixed (but may optionally be dampened to smooth rotation) to enable to follow the orientation of the aerial vehicle 200 … The motor in the base 910 can be used to rotate the gimbal 100 and the camera 120, thus facilitating panning of the camera 120 or tracking of an object … The mount platform 110 converts user coordinates (e.g., global reference frame) into a gimbal setpoint (e.g., local reference frame) such that the object is in the view). [claim 10]
Regarding claim 10, GoPro teaches wherein the user interface comprises a touchscreen device, and wherein the user controls camera pan and tilt by touching a portion of the image at which a subject of interest is located and following movement of the subject of interest (para [0020], [0106], [0139], This orientation can correspond to the pitch, roll, and yaw of the camera … The motor in the base 910 can be used to rotate the gimbal 100 and the camera 120, thus facilitating panning of the camera 120 or tracking of an object … through the remote controller the user can select an object (e.g., by tapping the object on a touchscreen) which selects the object as the tracked object). [claim 11]
Regarding claim 11, GoPro teaches the system further comprising a transmitter/receiver system, wherein a transmitter disposed on a subject of interest generates a signal to the control module to provide depth information to assist with focus and pan/tilt control (para [0136]-[0138], [0143], [0145], If a user is carrying a GPS enabled tracker or similar localization device, the user location will most likely be in an earth (global) reference frame. The gimbal 100 setpoint is in a local… This range of angles can be calculated based on an a priori estimate of GPS accuracy, a quality metric for the GPS signals received, and the distance between the mount platform 110 and the GPS tracker… tracking schemes can allow the camera 120 to continuously track an object, such as a user … the camera 120 is panned continuously in order to locate an object to track).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over GoPro in view of Official Notice and further in view of US 2011/0058052 A1 (hereinafter Bolton) in view of US 2016/0073049 A1 (hereinafter Li).[claim 3]
Regarding claim 3, GoPro teaches communicating the digital images and image information to a storage medium (para [0067], [0170], Processed images and video may be temporarily or persistently stored to system memory 430 and/or to a non-volatile storage, which may be in the form of internal storage or an external memory card … one or more memories (e.g., volatile memory, non-volatile memory, or a combination thereof), registers, or other machine components that receive, store, transmit, or display information), but does not disclose wherein the control module is in communication with a network doing so.
Bolton discloses a similar remote control camera system wherein a remote controller control module is in communication with a storage medium for storing images (Figure 2, controller 224 is in communication with cache 228; [0034] Cache 228, which can be implemented using volatile and/or nonvolatile memory, provides storage for various information including information obtained from PMD 202. For example, in some embodiments, accessory 220 can obtain notifications related to camera 207 and images captured by camera 207 from PMD 202. Any or all of this information can be stored in cache 228. Accessory 220 can be a simple remote control without video display, audio output, or cache).
By storing the images in the cache, the captured images may be made available for review at a later time by the remote controller display. Therefore, it would have been obvious to provide a storage module in communication with the control module for storing images so that the remote controller may view captured images at a later time. However, Bolton does not disclose wherein the control module and the storage module are in communication via a network.
Li discloses an apparatus for backing up recorded images wherein after completing generation of a recording, the device transmits the recording to a storage component in the system such as a local router over a wireless network connection (e.g. Figure 1, 3) so that the video may be backed up in a secure and private manner while providing increased storage space (e.g. Paragraph 0038-0039). Therefore, it would have been obvious to transmit the images via a network to a backup system using the remote control device/control module of GoPro as taught by Li to backup the images in a secure and private manner and increase the storage space of the system.
Claim(s) 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over GoPro in view of Official Notice and further in view of US 2018/0101173 A1 (hereinafter Qualcomm). [claim 5]
Regarding claim 5, GoPro does not teach the system further comprising one or more depth sensors configured for determining a distance between a subject of interest and a focal plane of the at least one camera and generating a depth signal, wherein the control module receives and processes the depth signal to generate depth information associated with the image information.
However Qualcomm teaches one or more depth sensors configured for determining a distance between a subject of interest and a focal plane of the camera and generating a depth signal, wherein the control module receives and processes the depth signal to generate depth information associated with the image information (para [0041}, {0057], (0068), [0075], [0090], the apparatus 102 may include a processor 112, a memory 120, one or more displays 122, one or more image sensors 104, one or more optical systems 106, one or more depth sensors 108 … The one or more depth sensors 108 may sense (e.g., detect) the depth of a scene and/or of one or more objects … the distance determiner 116 may obtain (e.g., determine) one or more depth maps. Depth maps may include depth information and/or may be determined based on the depth information. For example, a depth map may be a set of depth information … the processor 112 (e.9., a control system) may be used to detect the distance of the drone and the moving base). It would have been obvious to a person having ordinary skill in the art to use the one or more depth sensors configured for determining a distance between a subject of interest and a focal plane of the camera and generating a depth signal, wherein the control module receives and processes the depth signal to generate depth information associated with the image information. of Qualcomm in the system of GoPro, because the disclosure of Qualcomm would have improved landings (para [0033], provide a benefit of better and efficient landing of drones in flight on a moving base (e.g., vehicle, car, landing pad, docking station, landing pad mounted at some location on the moving base, etc.)). [claim 6]
Regarding claim 6, GoPro and Qualcomm teach the system of claim 14. GoPro teaches wherein the depth information is processed by the control module to generate tracking commands to one or more of the at least one camera, the lens, and the gimbal to track motion of the subject of interest (para [0130], [0137]-[0138], the controller 1130 can transmit a command to the gimbal 100 to change the orientation of the camera 120, or transmit a command to the upper clamp 1110 to rotate … This range of angles can be calculated based on an a priori estimate of GPS accuracy, a quality metric for the GPS signals received, and the distance between the mount platform 110 and the GPS tracker … The position of the tracked object relative to the mount platform 110 can be used by the gimbal control system 150 to generate a setpoint (e.g., a preferred position) for the gimbal 100, defined so that the camera 120 is oriented to face the tracked object). Additionally, Qualcomm teaches tracking of unoccupied landing pad slot if detected via a computer vision tracker (para [0090], In some configurations, the apparatus 102 (e.g., processor 112, computer vision tracker 110, etc.) may determine whether a moving base (e.g., one or more landing pads, one or more landing pad slots, one or more docking stations, etc.) is occupied. For example, the computer vision tracker 110 may perform object (e.g., drone) detection and/or recognition to determine whether the moving base (e.g., one or more landing pads, one or more landing pad slots, one or more docking stations, etc.) is occupied. For instance, if a landing pad slot is occupied, the computer vision tracker 110 may focus tracking on an unoccupied landing pad slot, if any).
Thus it would have been obvious to track an unattended landing pad slot based in the manner claimed so that the drone may attempt landing in the unattended landing pad slot.[claim 7]
Regarding claim 7, GoPro and Qualcomm teach the system of claim 14. Qualcomm teaches wherein the depth information is processed by the control module to generate a depth map from the digital image (para [0066], (0069}, stereoscopic visual spectrum cameras (e.g., image sensors 104 and/or optical systems 106) and/or one or more depth sensors 108 may compute depth information … the distance determiner 116 may obtain (e.g., determine) depth maps based on the depth information. For example, the depth sensor(s) 108 may provide measured information that may be used to determine depth information and/or depth maps).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over GoPro in view of Official Notice and further in view of US 2012/0098927 A1 (hereinafter Sablak). [claim 9]
Regarding claim 9, GoPro does not teach wherein the control module is further configured to obtain lens focal length information from the at least one camera to dynamically change a degree of pan/tilt/roll travel based upon the focal length.
However Sablak teaches the control module is further configured to obtain lens focal length information from the camera to dynamically change a degree of pan/tilt/roll travel based upon the focal length (para [0022], [0038], [0085], the system may provide the optimal focal length information so that monitoring may be conducted with an optimal field of view … Camera 22 includes a controller and motors which provide for the panning, tilting and adjustment of the focal length of camera 22 … the system may provide the entire pan, tilt, zoom control information by dynamically using the 360-degree omni-directional sensor model for a pre-defined period of time). It would have been obvious to a person having ordinary skill in the art to use the control module is further configured to obtain lens focal length information from the camera to dynamically change a degree of pan/tilt/roll travel based upon the focal length of Sablak in the system of GoPro, because the disclosure of Sablak would have allowed tracking with greater detail (para [0011], the camera can continue to track the moving object with greater detail and/or specificity).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 11-20 of U.S. Patent No. 12,075,152 B2. Although the claims at issue are not identical, they are not patentably distinct from each other.[claim 1]
1 (present application). A remote control camera system comprising:
at least one camera configured for generating digital images and data corresponding to image-related parameters detected by sensors associated with the at least one camera, the at least one camera having a removable lens attached thereto;
a 3-axis gimbal associated with the at least one camera and configured for supporting and modifying one or more of pan, tilt and roll of the at least one camera;
a control module configured for receiving and processing the digital images and image-related parameters to generate image information, and for generating control signals to each of the at least one camera and gimbal; and
a user interface in communication with the control module, the user interface configured for displaying the digital images and the image, and for entry of user commands for causing the control module to activate control signals to execute operations of one or more of the at least one camera and the associated gimbal.
1 (‘152). A remote control camera system comprising:
a camera configured for generating digital images and data corresponding to image-related parameters detected by sensors associated with the camera;
a lens mounted on the camera;
a 3-axis gimbal configured for supporting and modifying one or more of pan, tilt and roll of the camera, the gimbal comprising a U-arm having arm ends configured to symmetrically support and center the camera between the arm ends and a z-axis motion assembly mounted on opposite sides of the camera, the z-axis motion assembly configured to provide forward/backward adjustment of a center of balance of the camera and the lens;
a camera platform configured for supporting the gimbal;
a control module configured for receiving the digital images and image-related parameters generated by the camera, for processing the image-related parameters to generate image information associated with the digital images, and for generating control signals to each of the camera and gimbal;
a communications path; and
a user interface in communication with the control module via the communications path, the user interface configured for displaying the digital images and the image information associated with the digital images, and for entry of user commands for causing the control module to activate control signals to execute operations of one or more of the camera and the gimbal.
However, claim 1 of ‘152 does not recite that the lens is removably attached to the camera.
Official Notice is taken that it is well known in the art to removable attach lenses to cameras so that the lens may be removed and replaced with a different removably attached lens. By allowing multiple lenses to be attached/removed from the camera, the optical properties of the camera may be freely chosen by a user to meet the user’s current desires/needs for capturing images. [claims 2-11]
Regarding claims 2-11, see claims 11-20 of ‘152 respectively.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY J HENN whose telephone number is (571)272-7310. The examiner can normally be reached Monday-Friday ~10-6.
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, Twyler Haskins can be reached at (571) 272-7406. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Timothy J Henn/Primary Examiner, Art Unit 2639