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 .
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required for the limitations of claim 9 “the ambient light sensor” and “the imaging device” in lines 8-10.
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 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.
Claims 1, 9, 11 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Hermsen; Walter (US 20220329714 A1, hereinafter “Hermsen”), in view of KASHIYAMA et al. (US 20180338085 A1, hereinafter “KASHIYAMA”).
Regarding claim 9, Hermsen teaches a head-wearable device ([0029]-[0031]: recording system 10 incorporated in a head mounted devices (smart glasses, goggles, headsets and the like)), comprising:
an ambient light sensor ([0044]: Recording system 10 includes a camera unit 11 includes an ambient light sensor (ALS) (e.g., ALS 15)) configured to detect an amount or level of ambient light 30 present in the camera unit 11.);
an imaging device ([0044]&[0046]-[0048]: the camera unit 11 includes an image sensor 14 may be a solid state image sensor (e.g., a CMOS image sensor, a CCD image sensor, etc.) that can capture light that enters camera unit 11 through lens 12 and produce a digital image (a still image or a video image).);
a privacy indicator ([0032]-[0033]: the smart glasses can include a privacy notifier or status indicator (e.g., a light emitting diode (LED), hereinafter “bystander LED”) which can announce (e.g., visually) a privacy risk to bystanders in the vicinity of the smart glasses.);
and one or more programs, wherein the one or more programs are stored in memory and configured to be executed by one or more processors, the one or more programs including instructions ([0090]: A computer program product can be tangibly embodied in an information carrier. The computer program product may also contain instructions that, when executed, perform one or more methods, such as those described above. The information carrier is a computer- or machine-readable medium, such as the memory 604, the storage device 606, or memory on processor 602.) for causing a performance of:
detecting, via an ambient light sensor of the head-wearable device, a first amount of light in an environment ([0044]: Recording system 10 includes a camera unit 11 includes an ambient light sensor (ALS) (e.g., ALS 15)) configured to detect an amount or level of ambient light 30 present in the camera unit 11.).
Hermsen does not teach detecting, via an imaging device of the head-wearable device, a second amount of light in the environment; responsive to a user input for capturing image data via the imaging device of the head-wearable device, determining a brightness ratio, wherein the brightness ratio is based on a relationship between the first amount of light and the second amount of light in the environment; in accordance with a determination that the brightness ratio satisfies a tamper threshold, capturing image data; and in accordance with a determination that the brightness ratio does not satisfy the tamper threshold, forgoing capturing image data.
However, KASHIYAMA discloses detecting, via an ambient light sensor of the head-wearable device, a first amount of light in an environment ([0040]: ambient light detecting unit 33 detects, for example, an ambient illuminance to detect the ambient brightness of the information processing apparatus 1. The ambient light detecting unit 33 is not limited to the ALS as long as it is a sensor capable of detecting the ambient brightness.);
detecting, via an imaging device of the head-wearable device, a second amount of light in the environment ([0038]: determination unit 32 acquires an output value related to a brightness of an image acquired by the imaging unit 31. The output value related to the brightness of the image illustratively means information indicative of the luminance or exposure of the acquired image);
responsive to a user input for capturing image data via the imaging device of the head-wearable device, determining a brightness ratio, wherein the brightness ratio is based on a relationship between the first amount of light ([0041]: The ambient light comparing unit 34 compares an output value related to the ambient brightness detected by the ambient light detecting unit 33 with a predetermined ambient threshold value. Specifically, the ambient light comparing unit 34 compares the output value related to the detected ambient brightness with an ambient threshold value for preset ambient brightness to determine whether the brightness around the information processing apparatus 1 is high.) and the second amount of light in the environment ([0038]: the output value related to the brightness of the image acquired by the imaging unit 31 is acquired to compare the output value related to the brightness of the image with a predetermined threshold value. For example, the output value related to the brightness of the image is compared with a preset threshold value to determine whether the camera 7 is covered with the user's finger or the like.);
in accordance with a determination that the brightness ratio satisfies a tamper threshold, capturing image data; and in accordance with a determination that the brightness ratio does not satisfy the tamper threshold, forgoing capturing image data (Fig. 4, [0042]-[0043]: a mode selection unit 35 selects either of an imaging mode to perform normal imaging, and a privacy mode to put a restriction on the acquisition of an image in the imaging unit 31, the acquisition environment, or the output of the acquired image. As mode selection conditions, when the determination unit 32 determines that the frame rate (or the brightness of the image) of the image is less than the predetermined threshold value, and the ambient light comparing unit 34 determines that the ambient illuminance is more than the predetermined ambient threshold value, the mode selection unit 35 determines that the camera 7 is covered by the user on purpose and hence selects the privacy mode. Otherwise, the mode selection unit 35 determines that the camera 7 is not covered or the brightness around the information processing apparatus 1 becomes totally dark, and hence selects and sets the imaging mode.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate detecting, via an imaging device of the head-wearable device, a second amount of light in the environment; responsive to a user input for capturing image data via the imaging device of the head-wearable device, determining a brightness ratio, wherein the brightness ratio is based on a relationship between the first amount of light and the second amount of light in the environment; in accordance with a determination that the brightness ratio satisfies a tamper threshold, capturing image data; and in accordance with a determination that the brightness ratio does not satisfy the tamper threshold, forgoing capturing image data as taught by KASHIYAMA into Hermsen head mounted devices. The suggestion/ motivation for doing so would be to provide an information processing apparatus, a mode selection method, and a mode selection program, capable of setting a privacy mode intuitively and easily (KASHIYAMA: [0006]).
Regarding claim 11, Hermsen and KASHIYAMA combination teaches the head-wearable device of claim 9, in addition Hermsen discloses wherein: the ambient light sensor, the imaging device, and the privacy indicator are disposed on a first frame portion of the head-wearable device; and the privacy indicator is configured to illuminate a perimeter of the first frame portion of the head-wearable device, wherein the perimeter of the first frame portion outlines one or both of the ambient light sensor and the imaging device (Fig. 5, [0045]-[0046]: Camera unit 11 include, or be coupled to, a status indicator (e.g., LED 50)).
Regarding claim 1, claim 1 has been analyzed and rejected with regard to claim 9 and in accordance with Hermsen's further teaching on: A non-transitory computer readable storage medium including instructions ([0090]: A computer program product can be tangibly embodied in an information carrier. The computer program product may also contain instructions that, when executed, perform one or more methods, such as those described above. The information carrier is a computer- or machine-readable medium, such as the memory 604, the storage device 606, or memory on processor 602.).
Regarding claim 16, Method claim 16 is drawn to the method of using the corresponding apparatus claimed in claim 9. Therefore, method claim 16 corresponds to apparatus claim 9 and is rejected for the same reasons of obviousness as used above.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Hermsen and KASHIYAMA combination as applied above, in view of In re Japikse, 86 USPQ 70 Case Law.
Regarding claim 10, Hermsen and KASHIYAMA combination teaches the head-wearable device of claim 9, except wherein: the imaging device is disposed on a first frame portion of the head-wearable device; and the ambient light sensor and the privacy indicator are disposed on a second frame portion, opposite the first frame portion, of the head-wearable device. However, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate wherein: the imaging device is disposed on a first frame portion of the head-wearable device; and the ambient light sensor and the privacy indicator are disposed on a second frame portion, opposite the first frame portion, of the head-wearable device, , since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Claims 3, 12 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Hermsen and KASHIYAMA combination as applied above, in view of WOLF et al. (US 20160012217 A1, hereinafter “WOLF”).
Regarding claim 12, Hermsen and KASHIYAMA combination teaches the head-wearable device of claim 9, except wherein the one or more programs include further instructions for causing the performance of: prior to detecting the first amount of light and the second amount of light in the environment, calibrating the ambient light sensor and the imaging device.
However, WOLF discloses wherein the one or more programs include further instructions for causing the performance of: prior to detecting the first amount of light and the second amount of light in the environment, calibrating the ambient light sensor and the imaging device ([0050]: a sensor for measuring the ambient brightness; and a calibration unit to automatically adjustment the light intensity of the illumination mechanism and/or to automatically adjustment the light sensitivity of the camera system depending on the ambient brightness measured.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate wherein the one or more programs include further instructions for causing the performance of: prior to detecting the first amount of light and the second amount of light in the environment, calibrating the ambient light sensor and the imaging device as taught by WOLF into Hermsen and KASHIYAMA combination. The suggestion/ motivation for doing so would be to ensure that image data is captured in a reliable way, even under various brightness conditions. (WOLF: [0050]).
Regarding claim 3, claim 3 has been analyzed with regard to claim 12 and is rejected for the same reasons of obviousness as used above.
Regarding claim 18, Method claim 18 is drawn to the method of using the corresponding apparatus claimed in claim 12. Therefore, method claim 18 corresponds to apparatus claim 12 and is rejected for the same reasons of obviousness as used above.
Allowable Subject Matter
Claims 2, 4-8, 13-15, 17 and 19-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDELAAZIZ TISSIRE whose telephone number is (571)270-7204. The examiner can normally be reached on Monday through Friday from 8 AM to 5 PM.
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/ABDELAAZIZ TISSIRE/ Primary Examiner, Art Unit 2638