DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, or 365(c) is acknowledged. In addition, acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 18/870,861, filed on December 2, 2024.
Oath/Declaration
Oath/Declaration as filed on December 2, 2024 is noted by the Examiner.
Claim Interpretation – 35 USC § 112(f)
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may
be expressed as a means or step for performing a specified function without the recital of
structure, material, or acts in support thereof, and such claim shall be construed to cover
the corresponding structure, material, or acts described in the specification and
equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for
performing a specified function without the recital of structure, material, or acts in
support thereof, and such claim shall be construed to cover the corresponding structure,
material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) are: “a movement track estimation section that” recited in second line of claim 1 is considered to read on movement track estimation section F1 (pgs. 34-35, paragraph[0065]; F1 FIG. 7); “an edge position estimation section that” recited in tenth line of claim 1 is considered to read on edge position estimation section F2 (pgs. 42-43, paragraph[0078]; F2 FIG. 7); “an edge position estimation section that” recited in eighth line of claim 2 is considered to read on edge position estimation section F2 (pgs. 42-43, paragraph[0078]; F2 FIG. 7); and “an timing determination section that” recited in third line of claim 7 is considered to read on timing determination section F3 (pg. 39, paragraph[0073]; F3 FIG. 7).
Because these claim limitation(s) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 limitation(s) “a movement track estimation section that” and “an edge position estimation section that” invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to clearly disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. In particular, no structure or material that is capable of performing the claimed functions are present or shown in any of the figures and substantively linked to the claimed function. Therefore, claim 1 is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. Accordingly, any claim(s) dependent on claim 1 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, based at least on same above reasoning.
Claim 2 limitation(s) “the edge position estimation section that” invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to clearly disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. In particular, no structure or material that is capable of performing the claimed function are present or shown in any of the figures and substantively linked to the claimed function. Therefore, claim 2 is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. Accordingly, any claim(s) dependent on claim 2 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, based at least on same above reasoning.
Claim 7 limitation(s) “a timing determination section that” invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to clearly disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. In particular, no structure or material that is capable of performing the claimed function are present or shown in any of the figures and substantively linked to the claimed function. Therefore, claim 7 is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. Accordingly, any claim(s) dependent on claim 7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, based at least on same above reasoning.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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.
Claims 1, and 10-11 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Lee et al., U.S. Patent Application Publication 2015/0030204 A1 (hereinafter Lee I).
Regarding claim 1, Lee I teaches an information processing device comprising: a movement track estimation section that estimates a movement track of an edge position of a target object in reference to position information associated with an event-caused pixel detected by an event sensor in a previous period before a reference time point in a state where a positional relation between the event sensor and the target object changes such that the target object is displaced within a sensing range of the event sensor (100, 120 FIGS. 1-10, and 12, paragraph[0033] of Lee I teaches referring to FIG. 1, the apparatus 100 for analyzing the image may include a classifier 110 and an analyzer 120; the classifier 110 may classify a pattern of at least one pixel group, based on an input image including an event signal, in which a movement of an object is detected; and the at least one pixel group may include a pixel corresponding to the event signal and a plurality of pixels adjacent to the corresponding pixel, and See also at least ABSTRACT, paragraphs[0011], [0013], [0029]-[0032], [0037], [0048], [0078], [0081]-[0084], [0102]-[0104], [0110]-[0113], [0121], [0128], [0143]-[0144], and Claims 23, 29 and 35 of Lee I (i.e., Lee I teaches an apparatus that includes an analyzer that analyzes and determines a movement velocity component of an object, which includes an edge of the object, relative to a position of an event-based sensor by calculating a velocity corresponding to a pixel group associated with the edge of the object within an observation area, wherein the analyzer even estimates a depth of the object based on a detected location of the object, and wherein the apparatus is software and circuity capable of determining a position of the edge based on an edge pattern of a plurality of pixels adjacent to a pixel, which is of the event-based sensor, corresponding to an event signal that indicates movement of the object and further capable of updating a relative position of the object based on the movement of the object)); and an edge position estimation section that estimates an edge position of the target object at the reference time point as a reference time edge position in reference to the movement track of the edge position estimated by the movement track estimation section (FIGS. 1-10, and 12, paragraph[0121] of Lee I teaches although not shown in drawings, the apparatus for analyzing the image may include a recognizer and a processor; the recognizer may recognize a motion of an object, based on an input image including an event signal in which a movement of the object is detected; for example, the recognizer may calculate the movement velocity 915 of the object 910, using the descriptions provided in the foregoing with respect to FIGS. 1 through 8; the processor may update a relative coordinate for a user input, based on the motion of the object recognized by the recognizer; for example, the processor may calculate an amount of variation of the relative coordinate for the user input, using the movement velocity 915 calculated by the recognizer; and the processor may update the relative coordinate based on the amount of variation of the relative coordinate, and process the user input using the updated relative coordinate, and See also at least ABSTRACT, paragraphs[0011], [0013], [0029]-[0033], [0037], [0048], [0078], [0081]-[0084], [0102]-[0104], [0110]-[0113], [0128], [0143], and Claims 23, 29 and 35 of Lee I (i.e., Lee I teaches an apparatus that includes an analyzer that analyzes and determines a movement velocity component of an object, which includes an edge of the object, relative to a position of an event-based sensor by calculating a velocity corresponding to a pixel group associated with the edge of the object within an observation area, wherein the analyzer even estimates a depth of the object based on a detected location of the object, and wherein the apparatus is software and circuity capable of determining a position of the edge based on an edge pattern of a plurality of pixels adjacent to a pixel, which is of the event-based sensor, corresponding to an event signal that indicates movement of the object and further capable of updating a relative position of the object based on the movement of the object)).
Regarding claim 10, Lee I teaches an information processing method performed by an information processing device, the method comprising: estimating a movement track of an edge position of a target object in reference to position information associated with an event-caused pixel detected by an event sensor in a previous period before a reference time point in a state where a positional relation between the event sensor and the target object changes such that the target object is displaced within a sensing range of the event sensor (100 FIGS. 1-10, and 12, paragraph[0033] of Lee I teaches referring to FIG. 1, the apparatus 100 for analyzing the image may include a classifier 110 and an analyzer 120; the classifier 110 may classify a pattern of at least one pixel group, based on an input image including an event signal, in which a movement of an object is detected; and the at least one pixel group may include a pixel corresponding to the event signal and a plurality of pixels adjacent to the corresponding pixel, and See also at least ABSTRACT, paragraphs[0011], [0013], [0029]-[0032], [0037], [0048], [0078], [0081]-[0084], [0102]-[0104], [0110]-[0113], [0121], [0128], [0143]-[0144], and Claims 23, 29 and 35 of Lee I (i.e., Lee I teaches an apparatus that includes an analyzer that analyzes and determines a movement velocity component of an object, which includes an edge of the object, relative to a position of an event-based sensor by calculating a velocity corresponding to a pixel group associated with the edge of the object within an observation area, wherein the analyzer even estimates a depth of the object based on a detected location of the object, and wherein the apparatus is software and circuity capable of determining a position of the edge based on an edge pattern of a plurality of pixels adjacent to a pixel, which is of the event-based sensor, corresponding to an event signal that indicates movement of the object and further capable of updating a relative position of the object based on the movement of the object)); and
estimating an edge position of the target object at the reference time point, as a reference time edge position, in reference to the estimated movement track of the edge position (FIGS. 1-10, and 12, paragraph[0121] of Lee I teaches although not shown in drawings, the apparatus for analyzing the image may include a recognizer and a processor; the recognizer may recognize a motion of an object, based on an input image including an event signal in which a movement of the object is detected; for example, the recognizer may calculate the movement velocity 915 of the object 910, using the descriptions provided in the foregoing with respect to FIGS. 1 through 8; the processor may update a relative coordinate for a user input, based on the motion of the object recognized by the recognizer; for example, the processor may calculate an amount of variation of the relative coordinate for the user input, using the movement velocity 915 calculated by the recognizer; and the processor may update the relative coordinate based on the amount of variation of the relative coordinate, and process the user input using the updated relative coordinate, and See also at least ABSTRACT, paragraphs[0011], [0013], [0029]-[0033], [0037], [0048], [0078], [0081]-[0084], [0102]-[0104], [0110]-[0113], [0128], [0143], and Claims 23, 29 and 35 of Lee I (i.e., Lee I teaches an apparatus that includes an analyzer that analyzes and determines a movement velocity component of an object, which includes an edge of the object, relative to a position of an event-based sensor by calculating a velocity corresponding to a pixel group associated with the edge of the object within an observation area, wherein the analyzer even estimates a depth of the object based on a detected location of the object, and wherein the apparatus is software and circuity capable of determining a position of the edge based on an edge pattern of a plurality of pixels adjacent to a pixel, which is of the event-based sensor, corresponding to an event signal that indicates movement of the object and further capable of updating a relative position of the object based on the movement of the object)).
Regarding claim 11, Lee I teaches a program readable by a computer device, the program causing the computer device to achieve: a movement track estimation function that estimates a movement track of an edge position of a target object in reference to position information associated with an event- caused pixel detected by an event sensor in a previous period before a reference time point in a state where a positional relation between the event sensor and the target object changes such that the target object is displaced within a sensing range of the event sensor (100 FIGS. 1-10, and 12, paragraph[0033] of Lee I teaches referring to FIG. 1, the apparatus 100 for analyzing the image may include a classifier 110 and an analyzer 120; the classifier 110 may classify a pattern of at least one pixel group, based on an input image including an event signal, in which a movement of an object is detected; and the at least one pixel group may include a pixel corresponding to the event signal and a plurality of pixels adjacent to the corresponding pixel, and See also at least ABSTRACT, paragraphs[0011], [0013], [0029]-[0032], [0037], [0048], [0078], [0081]-[0084], [0102]-[0104], [0110]-[0113], [0121], [0128], [0143]-[0144], and Claims 23, 29 and 35 of Lee I (i.e., Lee I teaches computer-readable media including program instructions to perform operations of an analyzer that analyzes and determines a movement velocity component of an object, which includes an edge of the object, relative to a position of an event-based sensor by calculating a velocity corresponding to a pixel group associated with the edge of the object within an observation area, wherein the analyzer even estimates a depth of the object based on a detected location of the object, and wherein the apparatus is software and circuity capable of determining a position of the edge based on an edge pattern of a plurality of pixels adjacent to a pixel, which is of the event-based sensor, corresponding to an event signal that indicates movement of the object and further capable of updating a relative position of the object based on the movement of the object)); and
an edge position estimation function that estimates an edge position of the target object at the reference time point, as a reference time edge position, in reference to the movement track of the edge position estimated by the movement track estimation function (FIGS. 1-10, and 12, paragraph[0121] of Lee I teaches although not shown in drawings, the apparatus for analyzing the image may include a recognizer and a processor; the recognizer may recognize a motion of an object, based on an input image including an event signal in which a movement of the object is detected; for example, the recognizer may calculate the movement velocity 915 of the object 910, using the descriptions provided in the foregoing with respect to FIGS. 1 through 8; the processor may update a relative coordinate for a user input, based on the motion of the object recognized by the recognizer; for example, the processor may calculate an amount of variation of the relative coordinate for the user input, using the movement velocity 915 calculated by the recognizer; and the processor may update the relative coordinate based on the amount of variation of the relative coordinate, and process the user input using the updated relative coordinate, and See also at least ABSTRACT, paragraphs[0011], [0013], [0029]-[0033], [0037], [0048], [0078], [0081]-[0084], [0102]-[0104], [0110]-[0113], [0128], [0143]-[0144], and Claims 23, 29 and 35 of Lee I (i.e., Lee I teaches computer-readable media including program instructions to perform operations of an analyzer that analyzes and determines a movement velocity component of an object, which includes an edge of the object, relative to a position of an event-based sensor by calculating a velocity corresponding to a pixel group associated with the edge of the object within an observation area, wherein the analyzer even estimates a depth of the object based on a detected location of the object, and wherein the apparatus is software and circuity capable of determining a position of the edge based on an edge pattern of a plurality of pixels adjacent to a pixel, which is of the event-based sensor, corresponding to an event signal that indicates movement of the object and further capable of updating a relative position of the object based on the movement of the object)).
Potentially Allowable Subject Matter
Claims 2-9 would be allowable if rewritten to overcome applicable rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ) 2nd paragraph indicated above, and if rewritten in independent form including all of the limitations of the base claim and any intervening because for each of claims 2-9 the prior art references of record do not teach the combination of all element limitations as presently claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDUL-SAMAD A ADEDIRAN whose telephone number is (571)272-3128. The examiner can normally be reached on Monday through Thursday, 8:00 am to 5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amr Awad can be reached on 571-272-7764. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABDUL-SAMAD A ADEDIRAN/Primary Examiner, Art Unit 2621
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