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 .
Amendment
The Preliminary Amendment, filed on December 26, 2024, has been received and made of record. The amendment amends the specification and claims 1, 2 and 6-19 have been amended. No claims were cancelled, and no claims were newly added.
Information Disclosure Statement
The information disclosure statement (lDS) submitted on December 26, 2024, is in compliance with the provisions of 37 CFR 1.97 and is being considered by the Examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Objections
Claims 6, 7 and 17 are objected to because of the following informalities:
Regarding claim 6, the claim recites the limitation "the estimation result" in lines 7-8. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 7, the claim recites the limitation "the estimation unit" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 17, the claim recites the limitation "the estimation result" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Appropriate correction is required.
Claim Interpretation
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.
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) is/are:
“the estimation unit” in claim 7.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/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(b)
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.
Claims 6-14 and 17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 6-14, claim 16, from which claims 7-14 depend and inherit all limitations therefrom, recites the limitation “the estimation result” in lines 7-8. It is unclear from the claim, as currently written, what specifically constitutes “the estimation result”. Absent clarity, one skilled in the art would not be put on full and fair notice regarding the metes and bounds of the claimed subject matter. In view of the above, claims 6-14 are indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 17, the claim recites the limitation “the estimation result” in line 3. It is unclear from the claim, as currently written, what specifically constitutes “the estimation result”. Absent clarity, one skilled in the art would not be put on full and fair notice regarding the metes and bounds of the claimed subject matter. In view of the above, claims 6-14 are indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
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 1-5, 15-19 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by U.S. Patent Publication No. 2020/0260014 to Miyatani.
Regarding claim 1, Miyatani teaches an information processing apparatus (e.g., fig. 20) comprising a memory configured to store instructions (e.g., fig. 20, element(s) 308; [0168], [0185-186]), and a processor configured to execute the instructions (e.g., fig. 20, element 301; fig. 26, element 5175; [0084-102]; figs. 7-9 and 18-21) to: acquire a target image acquired by photographing a target by a photographing apparatus (e.g., figs. 4 and 21; [0173]), and estimate deviation of a focus during photographing of the target image by using a training model that has been trained for deriving deviation of a focus during photographing of the target image by using, as an input, a first input image to be acquired from the target image (e.g., figs. 7 and 8; [0062-79], [0084-102], [0173-187], using neural network).
Regarding claim 2, Miyatani teaches all of the limitations of claim 2 (see the 35 U.S.C. 102 rejection of claim 1, supra) including teaching wherein the training model is a machine learning model that has been trained for estimating deviation of a focus during the photographing by using training information, as an input (e.g., [0173-147]; figs. 18-22).
Regarding claim 3, Miyatani teaches all of the limitations of claim 3 (see the 35 U.S.C. 102 rejection of claim 2, supra) including teaching wherein the training information includes a plurality of training images, and a correct answer value related to each of the plurality of training images (e.g., figs. 4-22; [0173-185]).
Regarding claim 4, Miyatani teaches all of the limitations of claim 4 (see the 35 U.S.C. 102 rejection of claim 3, supra) including teaching wherein the plurality of training images include an image photographed in a different photographing environment (e.g., figs 4 and 21, any change constitutes a different photographing environment).
Regarding claim 5, Miyatani teaches all of the limitations of claim 5 (see the 35 U.S.C. 102 rejection of claim 4, supra) including teaching wherein the photographing environment includes at least one of a target (e.g., figs 4 and 21), and brightness.
Regarding claim 15, Miyatani teaches all of the limitations of claim 15 (see the 35 U.S.C. 102 rejection of claim 1, supra) including teaching the information processing apparatus, further comprising the photographing apparatus, wherein the photographing apparatus generates the target image by photographing the target (e.g., figs 4 and 21, camera).
Regarding claim 16, Miyatani teaches an information processing system comprising the information processing apparatus according to claim 1 (see the 35 U.S.C. 102 rejection of claim 1, supra), and the photographing apparatus that generates the target image by photographing the target (e.g., figs 4 and 21, camera).
Regarding claim 17, Miyatani teaches all of the limitations of claim 17 (see the 35 U.S.C. 102 rejection of claim 15, supra) including teaching wherein the photographing apparatus adjusts the focus by using a control value based on the estimation result (e.g., [0123-125], [0129-133]).
Regarding claim 18, Miyatani teaches an information processing method comprising, by one or more computers: acquiring a target image acquired by photographing a target by a photographing apparatus (e.g., figs. 4 and 21; [0173]), and
estimating deviation of a focus during photographing of the target image by using a training model that has been trained for deriving deviation of a focus during photographing of the target image by using, as an input, a first input image to be acquired from the target image (e.g., figs. 7 and 8; [0062-79], [0084-102], [0173-187], using neural network).
Regarding claim 19, Miyatani teaches a non-transitory computer readable medium storing a program (e.g., ) for causing one or more computers to execute: acquiring a target image acquired by photographing a target by a photographing apparatus (e.g., figs. 4 and 21; [0173]), and estimating deviation of a focus during photographing of the target image by using a training model that has been trained for deriving deviation of a focus during photographing of the target image by using, as an input, a first input image to be acquired from the target image (e.g., figs. 7 and 8; [0062-79], [0084-102], [0173-187], using neural network).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent No. 11,843,858 to Feng et al. teaches machine learning for phase detection autofocus.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARY C VIEAUX whose telephone number is (571)272-7318. The examiner can normally be reached Increased Flex.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lin Ye can be reached at 571-272-7372. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GARY C VIEAUX/Primary Examiner, Art Unit 2638
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