DETAILED ACTION
Claims 1-10 are pending in the application.
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 .
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.
Claims 1-10 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.
Claim 1 recites the following: A focus adjustment apparatus comprising at least one processor or circuit configured to function as:
a subject detection unit configured to detect a subject from an image;
a motion detection unit configured to detect a motion and store a history of the motion for the detected subject;
a focus adjustment unit configured to focus on a subject; and
a prediction unit configured to predict, when the focus adjustment unit shifts from a state of focusing on a first subject to a state of focusing on a second subject, a focus adjustment position for the focus adjustment unit to focus on the second subject based on a history of a motion of the second subject stored by the motion detection unit.
Based on the claim as currently constructed, it is unclear to one of ordinary skill in the art as to what is meant by, “the focus adjustment unit to focus on the second subject based on a history of a motion of the second subject stored by the motion detection unit” (emphasis added). How can the focus adjustment unit focus on the second subject based on a history of a motion of the second subjected stored by the motion detection unit when the history of motion regarding the second subject has not been stored? The claim as currently constructed claims that a motion detection unit is configured to detect a motion and store a history of the motion for the detected subject, however nowhere in the claim suggests that history of motion of the second subject has been attained? Therefore, how can the prediction unit predict when the state of focusing on a first subject to a state of focusing on a second subject occurs, without motion data captured of the second subject has occurred (emphasis added)? Corrective action is required immediately. It is highly suggested to amend the claims further to highlight the inventive concept. No prior art has been applied because Examiner cannot ascertain the understanding of the prediction unit using motion data that has not been captured prior. Claims 9 and 10 contain the same subject matter as independent claim 1 regarding the storage of motion data of the second subject. Claims 2-8 depend from independent claim 1 and are thus rejected.
Allowable Subject Matter
Claims 1, 9, and 10 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 2-8 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN H MOREHEAD III whose telephone number is (571)270-3845. The examiner can normally be reached M - F 0930-1800 EST.
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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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/JOHN H MOREHEAD III/Examiner, Art Unit 2639
/TWYLER L HASKINS/Supervisory Patent Examiner, Art Unit 2639
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