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 .
Response to Arguments
Applicant's arguments filed on 06/26/2026 have been fully considered but they are not persuasive.
Applicant argues with regard to claim [1], on page [6] paragraph [5] of his remark on a substance that the combination of Khem and Muukki references fail to disclose the features "providing a plurality of candidate capturing algorithms before an image capturing operation has been performed; setting one of the plurality of candidate capturing algorithms as a selected capturing algorithm; setting a plurality of algorithm parameters of the selected capturing algorithm according to a first input command' as recited in claim 1”.
Examiner respectfully disagrees: Khem, the primary reference, discloses: “ FIG. 6 illustrates another example process 600 that can be utilized in accordance with various embodiments. In this example, an instruction is received 602 to enter an active scene mode or similar such option. The number of scene settings to use to capture images is determined 604, and a preliminary image is captured 606 for each of the determined scene settings. At least a subset of the preliminary images is displayed 608 on a display device, enabling a user to determine which of the preliminary images have satisfactory image quality. As with the previous process, the device can indicate a recommended scene setting to use, based upon factors such as algorithm recommendations, previous selection, etc. Upon receiving 610 a selection of at least one of the preliminary images, the scene settings that were used to capture the image(s) can be applied 612 to the camera. If more than one image was selected, the device (or software in communication with the device) can attempt to determine camera settings that are a blend of the respective scene settings, such as by performing an average, weighted average, or other such combination approach for the values of each of the camera settings used. Once these settings are applied, the camera can enable 614 the user to capture one or more images with those settings” In Col. 7 lines 36-58.
Given the above Khem’s teaching, it is abundantly clear that based on a scene setting a preliminary image capturing and displaying the image for selection are performed. The preliminary images are captured before performing the main image capturing (as for example disclosed in the steps of fig. 6). Thus, the prior art preliminary image capturing is equated to the claimed before capturing. Since the preliminary images are captured before capturing the main image (see steps 606 and 616 fig. 6 of Khem). Khem’s preliminary images are embedded with in formation (program or algorithm) of the imaging condition (scene or environment condition). Therefore, during main image capturing a user will select one or a combination of the preliminary image for setting imaging condition. The program from the selected preliminary image is automatically decoded and applied to set a capturing parameter of the main image. Therefore, Khem directly implies setting an imagining parameter of the main image based on the parameter imbed in the image captured before the main image.
Applicant further argues on a substance that “claim 1 defines providing multiple candidate capturing algorithms and selecting one of the algorithms to perform an image capturing operation. Claim 1 does not define performing an image capturing operation for each setting as in Khem.
Examiner respectfully disagrees, examiner considers the above applicant’s remark as an admission, since the claim language requires generating an image capturing parameter (algorithm) to the user before capturing and allowing a user to select a desired one. In a similar way the applied prior art displays a preliminary images embed with a program to be decoded for setting imaging condition of a main image as explicitly in fig.6 , steps 602-616 and the corresponding text in the prior art disclosure.
Applicant further also argues on his remark on a substance that “Moreover, Khem provides multiple settings, captures preliminary images according to each setting, then selects one or more preliminary images, identifies the corresponding setting(s), and uses the identified setting(s) as the configuration for subsequent image capturing. Whereas, claim 1 defines providing multiple algorithms as options and performing image capturing according to the selected algorithm. The order of implementation of claim 1 and Khem are different”.
Examiner respectfully disagrees: the claim language broadly require providing a plurality of candidate capturing algorithms before image capturing. This limitation is reasonably met by the applied prior art as discussed above. For example in all steps in fig. 6 of Khem,
Applicant further also argues on a substance that “Additionally, it is worth noting that the Office compared the preliminary images of Khem to the candidate capturing algorithms in claim 1. This comparison is incorrect. The algorithms in claim 1 are merely algorithms, not images generated by an image capture operation performed by a camera.
Examiner respectfully disagrees as discussed above , the prior art preliminary images are embedded with a program or algorithm that can be decode and applied for a main image capturing when the image is selected by a user as explicitly discloses in all steps of the prior art fig. 6.
Claim [8] has substantially has same limitation as claim [1], and therefore the above response also applies to claim [8]..
The new claim [14] has substantially same limitation as claims [1 and 8]. Thus the above response also applies to it. See also the below office action.
Therefore as discussed above the combination Khem and Muukki reasonably
address all the limitation, and thus the previous (103) rejection has been maintained.
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 [14] recites the limitation " the plurality of candidate capturing algorithm" in lines [2-3]. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) [ 1- 14] are is/are rejected under 35 U.S.C. 103 as being unpatentable over Khem (US. 9, 456, 148) in view of Muukki (US. 2015/0015736)
Reclaim [1], Khem discloses an image capturing control method (see fig. 6, all steps) comprising: providing a plurality of candidate capturing algorithms before an image capturing operation has been made (see 608 fig. 6 and col. 7, lines 42-45, At least a subset of the preliminary images is displayed 608 on a display device, enabling a user to determine which of the preliminary images have satisfactory image quality, [ each displayed preliminary images associated with scene setting program or code as disclosed in steps 602 and 604 in fig. 6, the preliminary images are captured and displayed before capturing the main image thus equated to the claimed before an image capturing operation has been made, in addition applicant disclosure implies the instance of before an image capturing operation has been made however, the actual text is not in the disclosure ]); setting one of the plurality of candidate capturing algorithms as a selected capturing algorithm (see 610 fig. 6 and col. 7 lines 47-49, based upon factors such as algorithm recommendations, previous selection, etc. Upon receiving 610 a selection of at least one of the preliminary images [ by the virtue of by selecting one of the preliminary image setting]); setting a plurality of algorithm parameters of the selected capturing algorithm according to a first input command (see 612 fig. 6 and col. 7 lines 50-56, can be applied 612 to the camera. If more than one image was selected, the device (or software in communication with the device can attempt to determine camera settings that are a blend of the respective scene settings, such as by performing an average, weighted average, or other such combination approach for the values of each of the camera settings used, [ based the selected preliminary imaging parameters, camera setting is applied])); performing the image capturing operation of N image frames to obtain a plurality of captured images according to the plurality of algorithm parameters, wherein N is a positive integer (see steps 614 and 616 fig. 6 and col. 7 lines 56-58, Once these settings are applied, the camera can enable 614 the user to capture one or more images with those setting);
Khem doesn’t seem to explicitly discloses: performing an image processing operation on the plurality of captured images according to the plurality of algorithm parameters to generate an output image.
Nonetheless in the same field of endeavor Muukki discloses an image capturing system as Khem (see Muukki fig. 1). Muukki further discloses performing an image processing operation on the plurality of captured images according to the plurality of algorithm parameters to generate an output image (see ¶¶0093, 0096, the plurality of image processing algorithms selected at block 53 to be performed on the captured images).
Hence it would have been obvious to one of ordinary skill in the art to have been motivated to modify Khem before the effective filling date of the claimed invention by the teachings Muukki, for example by reconfiguring the imaging system of Khem as taught in Muukki, since this would allow to perform image processing based a selected image processing algorithm.
Reclaim [2], Khem as modified further discloses, wherein the step of providing the plurality of candidate capturing algorithms comprises: providing a display interface to display the plurality of candidate capturing algorithms (see Khem fig. 3a step 608 fig. 6).
Reclaim [3], Khem as modified further discloses, wherein the step of setting one of the plurality of candidate capturing algorithms as the selected capturing algorithm comprises: receiving a second input command (see Khem col. 7 lines 49-50, the scene settings that were used to capture the image(s) can be applied 612), and selecting one of the plurality of candidate capturing algorithms as the selected capturing algorithm according to the second input command (see Khem step 612 fig. 6).
Reclaim [4], Khem as modified further discloses, wherein before the step of setting the plurality of algorithm parameters of the selected capturing algorithm according to the first input command, the method further comprises: providing a display interface to display the plurality of algorithm parameters (see Khem step 608 fig. 6 and fig. 3a); and providing an input interface to receive the first input command (see Khem fig. 3(a) is a touch screen, user input, see also Khem, col. 4 lines 23-25, such as by touching a corresponding region of a touch screen using a finger 222 ).
Reclaim [5], Khem as modified further discloses, further comprising: performing a preview operation on a capturing scene, and generating the plurality of candidate capturing algorithms according to the capturing scene. (see Khem 606 fig. 6 and fig. 3(a) and col. 5 lines 51-53, For example, FIG. 3(a) illustrates an example situation 300 wherein a user is able to view multiple images 302 that were captured using different scene settings ).
Reclaim [6], Khem doesn’t seem to explicitly discloses wherein the plurality of candidate capturing algorithms comprise at least one of a high dynamic range algorithm and a night capturing algorithm.
Nonetheless in the same field of endeavor Muukki discloses an image capturing system as the combination (see Muukki fig. 1). Muukki further discloses plurality of candidate capturing algorithms comprise at least one of a high dynamic range algorithm and a night capturing algorithm (see ¶¶ 0016, 0063, . high dynamic range (HDR) algorithms, flash-no-flash algorithms, bracketing algorithms such as focus bracketing, multiframe noise filtering, super-resolution, panoramic imaging algorithms, night time imaging algorithms aperture bracketing or any other suitable image processing algorithms).
Hence it would have been obvious to one of ordinary skill in the art to have been motivated to modify Khem by the teachings Muukki, for example by reconfiguring the imaging system of the Khem as taught in Muukki since this would allow to capture images for a user desired image processing algorithm.
Reclaim [7], Khem as modified further discloses, wherein when the selected capturing algorithm is the high dynamic range algorithm, the plurality of algorithm parameters comprise the number of the plurality of captured images respectively corresponding to a plurality of exposure values (see Muukki ¶0068, Similarly where the image processing algorithm comprises a HDR algorithm the subset of images may comprise a plurality of images where each of the images has a different exposure value).
Reclaim [8] Khem discloses an electronic device (see fig. 8), comprising: an image capturing device (see 808 fig. 8); and a controller coupled to the image capturing device (see 802 fig. 8), and disposed to: provide a plurality of candidate capturing algorithms before an image capturing operation has been performed(see 608 fig. 6 and col. 7, lines 42-45, At least a subset of the preliminary images is displayed 608 on a display device, enabling a user to determine which of the preliminary images have satisfactory image quality, [ my position discussed in response to applicant’s remark and in claim [1] above); set one of the plurality of candidate capturing algorithms as a selected capturing algorithm (see 610 fig. 6 and col. 7 lines 47-49, based upon factors such as algorithm recommendations, previous selection, etc. Upon receiving 610 a selection of at least one of the preliminary images); set a plurality of algorithm parameters of the selected capturing algorithm according to a first input command (see 612 fig. 6 and col. 7 lines 50-56, can be applied 612 to the camera. If more than one image was selected, the device (or software in communication with the device) can attempt to determine camera settings that are a blend of the respective scene settings, such as by performing an average, weighted average, or other such combination approach for the values of each of the camera settings used); perform the image capturing operation of N image frames through the image capturing device to obtain a plurality of captured images according to the plurality of algorithm parameters, wherein N is a positive integer (see steps 614 and 616 fig. 6 and col. 7 lines 56-58, Once these settings are applied, the camera can enable 614 the user to capture one or more images with those setting);
Khem doesn’t seem to explicitly discloses: performing an image processing operation on the plurality of captured images according to the plurality of algorithm parameters to generate an output image.
Nonetheless in the same field of endeavor Muukki discloses an image capturing system as Khem (see Muukki fig. 1). Muukki further discloses performing an image processing operation on the plurality of captured images according to the plurality of algorithm parameters to generate an output image (see ¶¶0093, 0096, the plurality of image processing algorithms selected at block 53 to be performed on the captured images).
Hence it would have been obvious to one of ordinary skill in the art to have been motivated to modify Khem before the effective filling date of the claimed invention by the teachings Muukki, for example by reconfiguring the imaging system of Khem as taught in Muukki, since this would allow to perform image processing based a selected image processing algorithm.
Reclaim [9] except a few changes in wording has substantially same limitation as claim [2] above, and thus analyzed and rejected by the same reasoning.
Reclaim [10] except a few changes in wording has substantially same limitation as claim [3] above, and thus analyzed and rejected by the same reasoning.
Reclaim [11] except a few changes in wording has substantially same limitation as claim [5] above, and thus analyzed and rejected by the same reasoning.
Reclaim [12] except a few changes in wording has substantially same limitation as claim [6] above, and thus analyzed and rejected by the same reasoning.
Reclaim [13] except a few changes in wording has substantially same limitation as claim [7] above, and thus analyzed and rejected by the same reasoning.
Reclaim [14] Khem discloses an image capturing control method (see fig. 6, all steps) comprising: performing a preview operation on a capturing scene (see fig. 6 steps 602-606 and col.7, lines 37-42, an instruction is received 602 to enter an active scene mode or similar such option. The number of scene settings to use to capture images is determined 604, and a preliminary image is captured 606 for each of the determined scene settings), and generating the plurality of candidate capturing algorithms according to the capturing scene before an image capturing operation has been performed (see step 608 and col. 7 lines 42-48, preliminary images is displayed 608 on a display device, enabling a user to determine which of the preliminary images have satisfactory image quality. As with the previous process, the device can indicate a recommended scene setting to use, based upon factors such as algorithm recommendations, previous selection, etc. [ the displayed images are embed with decodable image setting algorithm, and are captured before the main image as discussed above]); providing a plurality of candidate capturing algorithms before the image capturing operation has been performed (see step 608 and 610 fig. 6 and col. 7 lines 42-51, preliminary images is displayed 608 on a display device, enabling a user to determine which of the preliminary images have satisfactory image quality. As with the previous process, the device can indicate a recommended scene setting to use, based upon factors such as algorithm recommendations, previous selection, etc. Upon receiving 610 a selection of at least one of the preliminary images, the scene settings that were used to capture the image(s) can be applied 612 to the camera [ by the virtue of providing the images with embed image setting code to a user]); setting one of the plurality of candidate capturing algorithms as a selected capturing algorithm (see step 610 fig. 6 and col. 7 lines 48-49, Upon receiving 610 a selection of at least one of the preliminary images); setting a plurality of algorithm parameters of the selected capturing algorithm according to a first input command (see steps 610, 612 fig. 6 and col. 7 lines 50-56, can be applied 612 to the camera. If more than one image was selected, the device (or software in communication with the device) can attempt to determine camera settings that are a blend of the respective scene settings, such as by performing an average, weighted average, or other such combination approach for the values of each of the camera settings used selecting); performing the image capturing operation of N image frames to obtain a plurality of captured images according to the plurality of algorithm parameters, wherein N is a positive integer (see steps 614 and 616 fig. 6 and col. 7 lines 56-58, Once these settings are applied, the camera can enable 614 the user to capture one or more images with those setting);
Khem doesn’t seem to explicitly discloses: performing an image processing operation on the plurality of captured images according to the plurality of algorithm parameters to generate an output image.
Nonetheless in the same field of endeavor Muukki discloses an image capturing system as Khem (see Muukki fig. 1). Muukki further discloses performing an image processing operation on the plurality of captured images according to the plurality of algorithm parameters to generate an output image (see ¶¶0093, 0096, the plurality of image processing algorithms selected at block 53 to be performed on the captured images).
Hence it would have been obvious to one of ordinary skill in the art to have been motivated to modify Khem before the effective filling date of the claimed invention by the teachings Muukki, for example by reconfiguring the imaging system of Khem as taught in Muukki, since this would allow to perform image processing based a selected image processing algorithm.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AHMED A BERHAN whose telephone number is (571)270-5094. The examiner can normally be reached 9:00Am-5:00pm (MAX- Flex).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Twyler Haskins can be reached at 571-272-7406. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/AHMED A BERHAN/Primary Examiner, Art Unit 2639
Prosecution Insights