DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Notice of Amendments
2. The Examiner acknowledges the amended claims filed on 04/14/2026. Claims 1-18 have been amended.
Priority
3. Receipt is acknowledged of certified copies of documents required by 37 CFR 1.55.
Information Disclosure Statement
4. The information disclosure statement (IDS) submitted on 03/27/2026 is in compliance with the provisions of 37 CFR 1.97 and was considered by the examiner.
Response to Arguments
5. Applicant's arguments filed on 04/14/2026 with respect to claims 1-18 have been considered, but are moot in view of the new ground(s) of rejection as necessitated by Applicant’s amendment.
The newly amended subject matter in claims 1, 7 and 13 concerning “obtain[ing] brightness information of an external environment with respect to the electronic device, using exposure-related information used for controlling the camera while obtaining of the plurality of image frames”, changes the scope of the claimed invention and therefore it required further search and consideration.
Double Patenting
6. 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.
7. Claims 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,401,900 and further in view of Suda (US-PGPUB 2006/0140604).
Although the claims at issue are not identical, they are not patentably distinct from each other because they are both claiming substantially the same features.
Note the following similarities between the application claims and patent claims.
Instant Application No. 18/912,162
U.S. Patent No. 12,401,900
Claim 1
An electronic device comprising:
a camera;
a sensor configured to detect movement information of the camera or the electronic device; at least one processor; and
memory storing instructions which, when collectively or individually executed by the at least one processor, cause the electronic device to:
enter a video capturing mode to capture a video; obtain, using the camera, a plurality of image frames while in the video capturing mode;
obtain, using the sensor, the movement information while one or more images of the plurality of image frames are obtained;
obtain brightness information of an external environment with respect to the electronic device, using exposure-related information used for controlling the camera while obtaining of the plurality of image frames;
based at least in part on the brightness information corresponding to a first specified brightness range, perform a video digital image stabilization with respect to at least one image frame of the plurality image frames by compensating a movement of the electronic device by a first proportion; and based at least in part on the brightness information corresponding to a second specified brightness range at least partially lower and different from the first specified brightness range, perform the video digital image stabilization with respect to the at least one image frame by compensating the movement by a second proportion smaller than the first proportion.
Claim 1
An electronic device comprising:
a camera;
a motion sensor configured to obtain motion information of the electronic device; a display; a memory storing at least one instruction; and a processor executing the at least one instruction stored in the memory, wherein the processor causes the electronic device to:
enter a video capturing mode in which the camera is activated; display a live-preview corresponding to the video capturing mode using images obtained via the camera; while in the video capturing mode, display a user interface including a first graphical object indicative of a first degree of motion stabilization and a second graphical object indicative of a second degree of motion stabilization greater than the first degree of motion stabilization; receive an input via the user interface to select one of the first graphical object or the second graphical object; based on the first graphical object being selected, display a live-preview by performing…
Claim 5
The electronic device of claim 1, wherein the processor is further configured to:
determine an ambient brightness of the electronic device; and
determine an intensity of a stabilization operation, based on at least one of the ambient brightness and a motion size of the electronic device.
Cont. of claim 1
based on the motion information and a first marginal area having a first size, a first stabilization with respect to the obtained images; and based on the second graphical object being selected, display the live-preview by performing, based on the motion information and a second marginal area having a second size larger than the first size, a second stabilization with respect to the obtained images.
Claim 7
A method for operating an electronic device, the method comprising:
entering a video capturing mode to capture a video; obtaining a plurality of image frames while in the video capturing mode; obtaining a movement information while one or more images of the plurality of image frames are obtained;
obtaining brightness information of an external environment with respect to the electronic device using exposure-related information used for controlling the camera while obtaining of the plurality of image frames;
based at least in part on the brightness information corresponding to a first specified brightness range, performing a video digital image stabilization with respect to at least one image frame of the plurality image frames by compensating a movement of the electronic device by a first proportion; and based at least in part on the brightness information corresponding to a second specified brightness range at least partially lower and different from the first specified brightness range, performing the video digital image stabilization with respect to the at least one image frame by compensating the movement by a second proportion smaller than the first proportion.
Claim 12
A method of operating an electronic device comprising a camera, the method comprising:
entering a video capturing mode in which the camera is activated; displaying a live-preview corresponding to the video capturing mode using images obtained via the camera; while in the video capturing mode, displaying a user interface including a first graphical object indicative of a first degree of motion stabilization and a second graphical object indicative of a second degree of motion stabilization greater than the first degree of motion stabilization; receiving an input via the user interface to select one of the first graphical object or the second graphical object; obtaining motion information of the electronic device via a motion sensor; based on the first graphical object being selected, displaying a live-preview by performing…
Claim 16
The method of claim 12, further comprising: determining an ambient brightness of the electronic device; and
determining an intensity of a stabilization operation, based on at least one of the ambient brightness and a motion size of the electronic device.
Cont. of claim 12
based on the motion information and a first marginal area having a first size, a first stabilization with respect to the obtained images; and based on the second graphical object being selected, displaying the live-preview by performing, based on the motion information and a second marginal area having a second size lager than the first size, a second stabilization with respect to the obtained images.
Claim 13
A non-transitory computer readable medium comprising instructions, which, when executed by an electronic device, cause the electronic device to perform operations comprising:
entering a video capturing mode to capture a video; obtaining a plurality of image frames while in the video capturing mode; obtaining a movement information while one or more images of the plurality of image frames are obtained;
obtaining brightness information of an external environment with respect to the electronic device using exposure-related information used for controlling the camera while obtaining of the plurality of image frames;
based at least in part on the brightness information corresponding to a first specified brightness range, performing a video digital image stabilization with respect to at least one image frame of the plurality image frames by compensating a movement of the electronic device by a first proportion; and based at least in part on the brightness information corresponding to a second specified brightness range at least partially lower and different from the first specified brightness range, performing the video digital image stabilization with respect to the at least one image frame by compensating the movement by a second proportion smaller than the first proportion.
Claim 12
A method of operating an electronic device comprising a camera, the method comprising:
entering a video capturing mode in which the camera is activated; displaying a live-preview corresponding to the video capturing mode using images obtained via the camera; while in the video capturing mode, displaying a user interface including a first graphical object indicative of a first degree of motion stabilization and a second graphical object indicative of a second degree of motion stabilization greater than the first degree of motion stabilization; receiving an input via the user interface to select one of the first graphical object or the second graphical object; obtaining motion information of the electronic device via a motion sensor; based on the first graphical object being selected, displaying a live-preview by performing…
Claim 16
The method of claim 12, further comprising: determining an ambient brightness of the electronic device; and
determining an intensity of a stabilization operation, based on at least one of the ambient brightness and a motion size of the electronic device.
Cont. of claim 12
based on the motion information and a first marginal area having a first size, a first stabilization with respect to the obtained images; and based on the second graphical object being selected, displaying the live-preview by performing, based on the motion information and a second marginal area having a second size lager than the first size, a second stabilization with respect to the obtained images.
However, US Patent 12,401, 900 fails to expressly disclose “obtain[ing] brightness information of an external environment with respect to the electronic device using exposure-related information used for controlling the camera while obtaining of the plurality of image frames”.
On the other hand, Suda discloses obtain[ing] brightness information of an external environment with respect to the electronic device using exposure-related information used for controlling the camera while obtaining of the plurality of image frames (In order to allow image sensing of a low-luminance object or low-illuminance object, a slow shutter mode that senses an image by prolonging the exposure time more than one frame time (the time for one frame or field) of a normal moving image is known. The luminance of an object to be sensed is measured based on information obtained from an image sensor. Providing a photometry unit; see paragraphs 0006, 0010, 0033 and claims 2-3, 10-11 of Suda).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify US Patent 12,401,900 by specifically providing obtaining brightness information of an external environment with respect to the electronic device using exposure-related information used for controlling the camera while obtaining of the plurality of image frames, as taught by Suda for the purpose of effectively sensing a moving image having a smooth motion with low cost while correcting a camera shake by a digital image extraction method upon sensing a low-luminance/low-illuminance object.
Claim Rejections - 35 USC § 102
8. 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.
9. 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.
10. Claims 1-5, 7-11 and 13-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suda (US-PGPUB 2006/0140604).
Regarding claim 1, Suda discloses an electronic device (Digital Video Camera; see fig. 2 and paragraph 0036) comprising:
a camera (Image sensor 102; see fig. 2 and paragraph 0037);
a sensor (Angular velocity sensor 105; see fig. 2 and paragraph 0040) configured to detect movement information of the camera or the electronic device (Angular velocity detected by the angular velocity sensor 105 is converted into camera shake information when it is processed by the CPU 120; see paragraph 0040);
at least one processor (CPU 120; see fig. 2 and paragraph 0036); and
memory storing instructions which, when collectively or individually executed by the at least one processor (CPU 120 operates according to programs in a flash memory 123 to control various operations; see fig. 2 and paragraph 0036) cause the electronic device to:
enter a video capturing mode to capture a video (The Digital Video camera enters an image sensing mode; see S101; fig. 1 and paragraphs 0036, 0033);
obtain, using the camera, a plurality of image frames while in the video capturing mode (An object image formed on the image sensor 102 is sampled/held and is then converted from an analog signal into a digital signal by a CDSA/D circuit 103. The image output unit 113 converts digital image data into standard video signals; see paragraphs 0037-0038);
obtain, using the sensor, the movement information while one or more images of the plurality of image frames are obtained (The angular velocity detected by the angular velocity sensor 105 is converted into camera shake information when it is processed by the CPU 120, and the camera shake information is used to control the image sensor 102 and line memory 104, thus attaining a camera shake correction operation. This angular velocity sensor 105 detects two axes perpendicular to the optical axis of the lens group 101 to detect a camera shake hazardous to image sensing; see fig. 2 and paragraph 0040);
obtain brightness information of an external environment with respect to the electronic device, using exposure- related information used for controlling the camera while obtaining of the plurality of image frames (In step S102, the luminance of an object to be sensed is measured based on information obtained from the image sensor. It is checked in step S103 if the object luminance is equal to or lower than a predetermined value. A photometry unit can be used; see paragraph 0033 and claims 2-3, 10-11 of Suda. In order to allow image sensing of a low-luminance object or low-illuminance object, a slow shutter mode that senses an image by prolonging the exposure time more than one frame time (the time for one frame or field) of a normal moving image is known; see paragraphs 0006, 0010);
based at least in part on the brightness information corresponding to a first specified brightness range (If it is determined that the object luminance is higher than the predetermined value, the flow advances to step S105 to set a normal image sensing mode as an image sensing mode; see fig. 1 and paragraph 0033), perform a video digital image stabilization with respect to at least one image frame of the plurality of image frames by compensating a movement of the electronic device by a first proportion (In the normal mode, the image sensor 102 photoelectrically converts light coming from an object and accumulates charges during an accumulation time period T1. During this accumulation time period T1, the CPU 120 acquires camera shake information from the output of the angular velocity sensor 105, and calculates the average value of the camera shake information. Based on the calculated value, the CPU 120 controls the read timings from the image sensor 102 and line memory 104, as described above with reference to FIGS. 3A to 3C, to extract and read out an image, thus attaining camera shake correction; see fig. 4A and paragraphs 0046-0047); and
based at least in part on the brightness information corresponding to a second specified brightness range at least partially lower and different from the first specified brightness range (If it is determined that the object luminance is equal to or lower than the predetermined value, the flow advances to step S104 and then S106 and executes a Slow Shutter Mode 1; see fig. 1 and paragraph 0033), perform the video digital image stabilization with respect to the at least one image frame by compensating the movement by a second proportion smaller than the first proportion (In the Slow Shutter Mode 1, the image sensor 102 is exposed during an accumulation time period T2 twice an accumulation time period in the normal mode. During the accumulation time period T2, the CPU 120 acquires camera shake information from the output of the angular velocity sensor 105, and calculates the average value of the camera shake information. Based on the calculated value, the CPU 120 controls the read timings from the image sensor 102 and line memory 104, as described above with reference to FIGS. 3A to 3C, to extract and read out an image, thus attaining camera shake correction. Since a camera shake correction cycle also appears once per two vertical synchronization periods Tv, the camera shake correction characteristics are inferior to those in the normal mode; see paragraphs 0048-0050 and fig. 4B).
Regarding claim 2, Suda discloses everything claimed as applied above (see claim 1). In addition, Suda discloses the instructions, when collectively or individually executed by the at least one processor, cause the electronic device to perform the video digital image stabilization further based on a movement level associated with the movement such that the movement is compensated by the first proportion when the movement corresponds to a first movement level (In the normal mode, the CPU 120 acquires camera shake information from the output of the angular velocity sensor 105, and calculates the average value of the camera shake information. Based on the calculated value, the CPU 120 controls the read timings from the image sensor 102 and line memory 104, thus attaining camera shake correction; see fig. 1 and paragraphs 0046-0047).
Regarding claim 3, Suda discloses everything claimed as applied above (see claim 2). In addition, Suda discloses the instructions, when collectively or individually executed by the at least one processor, cause the electronic device to perform the video digital image stabilization further based on the movement level associated with the movement such that the movement is compensated by the second proportion when the movement corresponds to a second movement level higher than the first movement level (If it is determined that the object luminance is equal to or lower than the predetermined value and if it is determined that the camera shake amount is equal to or larger than the predetermined value, the flow advances to step S107 to set a memory charge accumulated slow shutter mode 2, where camera shake is corrected to compensate for this detected larger camera shake; see paragraphs 0033, 0051-0052).
Regarding claim 4, Suda discloses everything claimed as applied above (see claim 3). In addition, Suda discloses the instructions, when collectively or individually executed by the at least one processor, cause the electronic device to: perform the obtaining of the plurality of image frames using different shutter speeds for the camera such that a first shutter speed and a second shutter speed different from the first shutter speed are set for the camera based at least in part on the movement level corresponding to the first movement level and the second movement level, respectively (When it is determined that the camera shake amount is larger than the predetermined value, the slow shutter mode 2 is set. In slow shutter mode 2, the image sensor 102 is exposed during the accumulation time period T1. When it is determined that the camera shake amount is smaller than the predetermined value, the slow shutter mode 1 is set. In the slow shutter mode 1, the image sensor 102 is exposed during an accumulation time period T2 twice the accumulation time period T1; see paragraphs 0033, 0049, 0052 and fig. 1).
Regarding claim 5, Suda discloses everything claimed as applied above (see claim 4). In addition, Suda discloses the instructions, when collectively or individually executed by the at least one processor, cause the electronic device to: set, as the first shutter speed and the second shutter speed, the camera into a first shutter speed frequency and a second shutter speed frequency higher than a first frequency, respectively (In slow shutter mode 2, the image sensor 102 is exposed during the accumulation time period T1. In the slow shutter mode 1, the image sensor 102 is exposed during an accumulation time period T2 twice the accumulation time period T1; see paragraphs 0033, 0049, 0052 and fig. 1. The longer the accumulation period, the higher the shutter speed frequency).
Regarding claim 7, Suda discloses a method (see fig. 1) for operating an electronic device (Digital Video Camera; see fig. 2 and paragraph 0036), the method comprising:
entering a video capturing mode to capture a video (The Digital Video camera enters an image sensing mode; see S101; fig. 1 and paragraphs 0036, 0033);
obtaining a plurality of image frames while in the video capturing mode (An object image formed on the image sensor 102 is sampled/held and is then converted from an analog signal into a digital signal by a CDSA/D circuit 103. The image output unit 113 converts digital image data into standard video signals; see paragraphs 0037-0038);
obtaining a movement information while one or more images of the plurality of image frames are obtained (The angular velocity detected by the angular velocity sensor 105 is converted into camera shake information when it is processed by the CPU 120, and the camera shake information is used to control the image sensor 102 and line memory 104, thus attaining a camera shake correction operation. This angular velocity sensor 105 detects two axes perpendicular to the optical axis of the lens group 101 to detect a camera shake hazardous to image sensing; see fig. 2 and paragraph 0040);
obtaining brightness information of an external environment with respect to the electronic device, using exposure- related information used for controlling a camera during obtaining of the plurality of image frames (In step S102, the luminance of an object to be sensed is measured based on information obtained from the image sensor. It is checked in step S103 if the object luminance is equal to or lower than a predetermined value. A photometry unit can be used; see paragraph 0033 and claims 2-3, 10-11 of Suda. In order to allow image sensing of a low-luminance object or low-illuminance object, a slow shutter mode that senses an image by prolonging the exposure time more than one frame time (the time for one frame or field) of a normal moving image is known; see paragraphs 0006, 0010);
based at least in part on the brightness information corresponding to a first specified brightness range (If it is determined that the object luminance is higher than the predetermined value, the flow advances to step S105 to set a normal image sensing mode as an image sensing mode; see fig. 1 and paragraph 0033), performing a video digital image stabilization with respect to at least one image frame of the plurality of(In the normal mode, the image sensor 102 photoelectrically converts light coming from an object and accumulates charges during an accumulation time period T1. During this accumulation time period T1, the CPU 120 acquires camera shake information from the output of the angular velocity sensor 105, and calculates the average value of the camera shake information. Based on the calculated value, the CPU 120 controls the read timings from the image sensor 102 and line memory 104, as described above with reference to FIGS. 3A to 3C, to extract and read out an image, thus attaining camera shake correction; see fig. 4A and paragraphs 0046-0047); and
based at least in part on the brightness information corresponding to a second specified brightness range at least partially lower and different from the first specified brightness range (If it is determined that the object luminance is equal to or lower than the predetermined value, the flow advances to step S104 and then S106 and executes a Slow Shutter Mode 1; see fig. 1 and paragraph 0033), performing the video digital image stabilization with respect to the at least one image frame by compensating the movement by a second proportion smaller than the first proportion (In the Slow Shutter Mode 1, the image sensor 102 is exposed during an accumulation time period T2 twice an accumulation time period in the normal mode. During the accumulation time period T2, the CPU 120 acquires camera shake information from the output of the angular velocity sensor 105, and calculates the average value of the camera shake information. Based on the calculated value, the CPU 120 controls the read timings from the image sensor 102 and line memory 104, as described above with reference to FIGS. 3A to 3C, to extract and read out an image, thus attaining camera shake correction. Since a camera shake correction cycle also appears once per two vertical synchronization periods Tv, the camera shake correction characteristics are inferior to those in the normal mode; see paragraphs 0048-0050 and fig. 4B).
Regarding claim 8, Suda discloses everything claimed as applied above (see claim 7). In addition, Suda discloses performing the video digital image stabilization further based on a movement level associated with the movement such that the movement is compensated by the first proportion when the movement corresponds to a first movement level (In the normal mode, the CPU 120 acquires camera shake information from the output of the angular velocity sensor 105, and calculates the average value of the camera shake information. Based on the calculated value, the CPU 120 controls the read timings from the image sensor 102 and line memory 104, thus attaining camera shake correction; see fig. 1 and paragraphs 0046-0047).
Regarding claim 9, Suda discloses everything claimed as applied above (see claim 8). In addition, Suda discloses performing the video digital image stabilization further based on the movement level associated with the movement such that the movement is compensated by the second proportion when the movement corresponds to a second movement level higher than the first movement level (If it is determined that the object luminance is equal to or lower than the predetermined value and if it is determined that the camera shake amount is equal to or larger than the predetermined value, the flow advances to step S107 to set a memory charge accumulated slow shutter mode 2, where camera shake is corrected to compensate for this detected higher camera shake; see paragraphs 0033, 0051-0052).
Regarding claim 10, Suda discloses everything claimed as applied above (see claim 9). In addition, Suda discloses performing the obtaining of the plurality of image frames using different shutter speeds for the camera such that a first shutter speed and a second shutter speed different from the first shutter speed are set for the camera based at least in part on the movement level corresponding to the first movement level and the second movement level, respectively (When it is determined that the camera shake amount is larger than the predetermined value, the slow shutter mode 2 is set. In slow shutter mode 2, the image sensor 102 is exposed during the accumulation time period T1. When it is determined that the camera shake amount is smaller than the predetermined value, the slow shutter mode 1 is set. In the slow shutter mode 1, the image sensor 102 is exposed during an accumulation time period T2 twice the accumulation time period T1; see paragraphs 0033, 0049, 0052 and fig. 1).
Regarding claim 11, Suda discloses everything claimed as applied above (see claim 10). In addition, Suda discloses setting as the first shutter speed and the second shutter speed, the camera into a first shutter speed frequency and a second shutter speed frequency higher than a first frequency, respectively (In slow shutter mode 2, the image sensor 102 is exposed during the accumulation time period T1. In the slow shutter mode 1, the image sensor 102 is exposed during an accumulation time period T2 twice the accumulation time period T1; see paragraphs 0033, 0049, 0052 and fig. 1. The longer the accumulation period, the higher the shutter speed frequency).
Regarding claim 13, Suda discloses a non-transitory computer readable medium comprising instructions (CPU 120 operates according to programs in a flash memory 123 to control various operations; see fig. 2 and paragraph 0036), which, when executed by an electronic device (Digital Video Camera; see fig. 2 and paragraph 0036), cause the electronic device to perform operations comprising:
entering a video capturing mode to capture a video (The Digital Video camera enters an image sensing mode; see S101; fig. 1 and paragraphs 0036, 0033);
obtaining a plurality of image frames while in the video capturing mode (An object image formed on the image sensor 102 is sampled/held and is then converted from an analog signal into a digital signal by a CDSA/D circuit 103. The image output unit 113 converts digital image data into standard video signals; see paragraphs 0037-0038);
obtaining a movement information while one or more images of the plurality of image frames are obtained (The angular velocity detected by the angular velocity sensor 105 is converted into camera shake information when it is processed by the CPU 120, and the camera shake information is used to control the image sensor 102 and line memory 104, thus attaining a camera shake correction operation. This angular velocity sensor 105 detects two axes perpendicular to the optical axis of the lens group 101 to detect a camera shake hazardous to image sensing; see fig. 2 and paragraph 0040);
obtaining brightness(In step S102, the luminance of an object to be sensed is measured based on information obtained from the image sensor. It is checked in step S103 if the object luminance is equal to or lower than a predetermined value. A photometry unit can be used; see paragraph 0033 and claims 2-3, 10-11 of Suda. In order to allow image sensing of a low-luminance object or low-illuminance object, a slow shutter mode that senses an image by prolonging the exposure time more than one frame time (the time for one frame or field) of a normal moving image is known; see paragraphs 0006, 0010);
based at least in part on the brightness information corresponding to a first specified brightness range (If it is determined that the object luminance is higher than the predetermined value, the flow advances to step S105 to set a normal image sensing mode as an image sensing mode; see fig. 1 and paragraph 0033), performing a video digital image stabilization with respect to at least one image frame of the plurality of image frames by compensating a movement of the electronic device by a first proportion (In the normal mode, the image sensor 102 photoelectrically converts light coming from an object and accumulates charges during an accumulation time period T1. During this accumulation time period T1, the CPU 120 acquires camera shake information from the output of the angular velocity sensor 105, and calculates the average value of the camera shake information. Based on the calculated value, the CPU 120 controls the read timings from the image sensor 102 and line memory 104, as described above with reference to FIGS. 3A to 3C, to extract and read out an image, thus attaining camera shake correction; see fig. 4A and paragraphs 0046-0047); and
based at least in part on the brightness information corresponding to a second specified brightness range at least partially lower and different from the first specified brightness range (If it is determined that the object luminance is equal to or lower than the predetermined value, the flow advances to step S104 and then S106 and executes a Slow Shutter Mode 1; see fig. 1 and paragraph 0033), performing the video digital image stabilization with respect to the at least one image frame by compensating the movement by a second proportion smaller than the first proportion (In the Slow Shutter Mode 1, the image sensor 102 is exposed during an accumulation time period T2 twice an accumulation time period in the normal mode. During the accumulation time period T2, the CPU 120 acquires camera shake information from the output of the angular velocity sensor 105, and calculates the average value of the camera shake information. Based on the calculated value, the CPU 120 controls the read timings from the image sensor 102 and line memory 104, as described above with reference to FIGS. 3A to 3C, to extract and read out an image, thus attaining camera shake correction. Since a camera shake correction cycle also appears once per two vertical synchronization periods Tv, the camera shake correction characteristics are inferior to those in the normal mode; see paragraphs 0048-0050 and fig. 4B).
Regarding claim 14, Suda discloses everything claimed as applied above (see claim 13). In addition, Suda discloses performing the video digital image stabilization further based on a movement level associated with the movement such that the movement is compensated by the first proportion when the movement corresponds to a first movement level (In the normal mode, the CPU 120 acquires camera shake information from the output of the angular velocity sensor 105, and calculates the average value of the camera shake information. Based on the calculated value, the CPU 120 controls the read timings from the image sensor 102 and line memory 104, thus attaining camera shake correction; see fig. 1 and paragraphs 0046-0047).
Regarding claim 15, Suda discloses everything claimed as applied above (see claim 14). In addition, Suda discloses performing the video digital image stabilization further based on the movement level associated with the movement such that the movement is compensated by the second proportion when the movement corresponds to a second movement level higher than the first movement level (If it is determined that the object luminance is equal to or lower than the predetermined value and if it is determined that the camera shake amount is equal to or larger than the predetermined value, the flow advances to step S107 to set a memory charge accumulated slow shutter mode 2, where camera shake is corrected to compensate for this detected larger camera shake; see paragraphs 0033, 0051-0052).
Regarding claim 16, Suda discloses everything claimed as applied above (see claim 15). In addition, Suda discloses performing the obtaining of the plurality of image frames using different shutter speeds for the camera such that a first shutter speed and a second shutter speed different from the first shutter speed are set for the camera based at least in part on the movement level corresponding to the first movement level and the second movement level, respectively (When it is determined that the camera shake amount is larger than the predetermined value, the slow shutter mode 2 is set. In slow shutter mode 2, the image sensor 102 is exposed during the accumulation time period T1. When it is determined that the camera shake amount is smaller than the predetermined value, the slow shutter mode 1 is set. In the slow shutter mode 1, the image sensor 102 is exposed during an accumulation time period T2 twice the accumulation time period T1; see paragraphs 0033, 0049, 0052 and fig. 1).
Regarding claim 17, Suda discloses everything claimed as applied above (see claim 16). In addition, Suda discloses setting as the first shutter speed and the second shutter speed, the camera into a first shutter speed frequency and a second shutter speed frequency higher than a first frequency, respectively (In slow shutter mode 2, the image sensor 102 is exposed during the accumulation time period T1. In the slow shutter mode 1, the image sensor 102 is exposed during an accumulation time period T2 twice the accumulation time period T1; see paragraphs 0033, 0049, 0052 and fig. 1. The longer the accumulation period, the higher the shutter speed frequency).
Claim Rejections - 35 USC § 103
11. 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.
12. 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.
13. Claims 6, 12 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Suda in view of Yamagishi (US Patent 6,510,283).
Regarding claim 6, Suda discloses everything claimed as applied above (see claim 1). However, Suda fails to disclose display a graphical object such that at least one characteristic of the graphical object is displayed as changed to indicate a corresponding one of a first degree and a second degree of the video digital image stabilization.
On the other hand, Yamagishi discloses display a graphical object such that at
least one characteristic of the graphical object is displayed as changed to indicate a
corresponding one of a first degree and a second degree of the video digital image
stabilization (Highlighting in the display with a dynamic square the selected image
stabilizing setting between optical degree stabilization and electronic degree
stabilization; see fig. 22(b) and column 25, lines 38-57).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to combine the teachings of Suda and
Yamagishi to provide display a graphical object such that at least one characteristic of
the graphical object is displayed as changed to indicate a corresponding one of a first
degree and a second degree of the video digital image stabilization for the purpose of
effectively alerting the user of the image stabilization technique that is being applied to
the captured images.
Regarding claim 12, Suda discloses everything claimed as applied above (see claim 7). However, Suda fails to disclose displaying a graphical object such that at least one characteristic of the graphical object is displayed as changed to indicate a corresponding one of a first degree and a second degree of the video digital image stabilization.
On the other hand, Yamagishi discloses displaying a graphical object such that at
least one characteristic of the graphical object is displayed as changed to indicate a
corresponding one of a first degree and a second degree of the video digital image
stabilization (Highlighting in the display with a dynamic square the selected image
stabilizing setting between optical degree stabilization and electronic degree
stabilization; see fig. 22(b) and column 25, lines 38-57).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to combine the teachings of Suda and
Yamagishi to provide displaying a graphical object such that at least one characteristic of the graphical object is displayed as changed to indicate a corresponding one of a first
degree and a second degree of the video digital image stabilization for the purpose of
effectively alerting the user of the image stabilization technique that is being applied to
the captured images.
Regarding claim 18, Suda discloses everything claimed as applied above (see claim 13). However, Suda fails to disclose displaying a graphical object such that at least one characteristic of the graphical object is displayed as changed to indicate a corresponding one of a first degree and a second degree of the video digital image stabilization.
On the other hand, Yamagishi discloses displaying a graphical object such that at
least one characteristic of the graphical object is displayed as changed to indicate a
corresponding one of a first degree and a second degree of the video digital image
stabilization (Highlighting in the display with a dynamic square the selected image
stabilizing setting between optical degree stabilization and electronic degree
stabilization; see fig. 22(b) and column 25, lines 38-57).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to combine the teachings of Suda and
Yamagishi to provide displaying a graphical object such that at least one characteristic of the graphical object is displayed as changed to indicate a corresponding one of a first
degree and a second degree of the video digital image stabilization for the purpose of
effectively alerting the user of the image stabilization technique that is being applied to
the captured images.
Conclusion
14. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
15. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CYNTHIA CALDERON whose telephone number is (571)270-3580. The examiner can normally be reached M-F 9:00 AM-5:00 PM.
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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.
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/CYNTHIA CALDERON/Primary Examiner, Art Unit 2639 04/24/2026
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