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 .
Claim Rejections - 35 USC § 102
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 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)(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.
Claim(s) 1, 3-4, 6, 8-9, 11-12, and 14 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhou (US 2024/0196085 A1).
Claim 1, Zhou teaches a method for photographing by an electronic device (electronic device 300; Fig. 3), the method comprising:
recognizing, as a target object, an object corresponding to a hand gesture among at least one object included in a first preview image (user performs a tap or double-tap operation on a position of the image of the target object; paragraph 0136 and Fig. 6A); and
displaying a photographing screen including the target object photographed based on a first viewing angle (see interface including a preview image 507 collected by the camera of the mobile phone and includes an image of the target object; paragraph 0129 and Fig. 5(b) and 6A)
Claim 3, Zhou further teaches wherein the recognizing, as the target object, the object corresponding to the hand gesture comprises:
recognizing the target object based on at least one of a direction corresponding to the hand gesture, and a touch by the hand gesture (the target object is selected and recognized based on a tap or double-tap operation performed by the user; paragraph 0136. The target object is identified using image recognition technology; paragraph 0161).
Claim 4, Zhou further teaches obtaining a zoom-in request for a portion of the target object in based on the portion corresponding with an interaction of a user (zoom ratio n may be selected by the user; paragraph 0206); and
storing a result of analyzing an intention of the user photographing the target object based on the first viewing angle (initial pose position is saved; paragraph 0162, 0223), corresponding to the photographing screen, wherein the target object is locked after photographing the target object (mobile phone 100 may zoom in two phases to lock the two-be-photographed area; paragraph 0214).
Claim 6, Zhou further teaches wherein the recognizing, as the target object, the object corresponding to the hand gesture comprises:
identifying an object of interest in the first preview image (user performs a tap or double-tap operation on a position of the image of the target object; paragraph 0136 and Fig. 6A);
outputting the object of interest that is identified (to-be-photographed area is marked with a dashed line box 701; paragraph 0159 and Fig. 7B); and
recognizing the object of interest as the target object based on the hand gesture (mobile phone 100 may use image recognition technology to identify the target object; paragraph 0161).
Claim 8, Zhou further teaches outputting a selection screen in which at least two options are provided based on at least one of an orientation of the electronic device and a screen display form based on an occurrence of an event requiring selection (selection interface is displayed based on the preview image; Fig. 15 and paragraph 0199).
Claim 9, Zhou teaches an electronic device (electronic device 300; paragraph 0122 and Fig. 3) comprising:
at least one sensor (cameras 393; Fig. 3);
a display (display 394; Fig. 3);
a memory comprising one or more storage media storing instructions (memory 312; Fig. 3); and
at least one processor comprising one or more a processing circuits (processor 310; Fig. 3), wherein, by executing the instructions, the at least one processor is configured to:
recognize, as a target object, an object corresponding to a hand gesture among at least one object included in a first preview image (user performs a tap or double-tap operation on a position of the image of the target object; paragraph 0136 and Fig. 6A); and
display a photographing screen comprising the target object photographed based on a first viewing angle (see interface including a preview image 507 collected by the camera of the mobile phone and includes an image of the target object; paragraph 0129 and Fig. 5(b) and 6A).
Claims 11, 12, and 14 are analyzed and rejected as devices for performing the methods of claims 3, 4, and 6, respectively.
Claim Rejections - 35 USC § 103
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) 2 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhou in view of Lin (US 2023/0308742 A1).
Claim 2, Zhou teaches the method of claim 1, and further teaches:
outputting a first notification based on a position of the target object in a second preview image based on the first viewing angle (dashed line box is displayed around the target object; paragraph 0159 and Fig. 7B);
outputting a second notification based on the target object not being included in the second preview image (prompt information 902 is displayed when mobile phone moves out of the area of the target object; paragraph 0174 and Fig. 9); and
performing locking of the target object based on a selection in the second preview image, wherein the first notification is changed according to a movement of the first viewing angle (mobile phone locks the to-be-photographed area for photographing; paragraph 0163-0164).
Zhou is silent regarding alternatively performing locking and unlocking of the target object based on a selection in the second preview image.
Lin teaches alternatively performing locking and unlocking of the target object based on a selection in the second preview image (the focus-locked target object can be changed or canceled by tapping an icon; paragraph 0080-0082).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to have used the teaching of Lin with that of Zhou in order to improve user experience and to avoid poor focusing in a shooting procedure (see paragraph 0032 of Lin).
Claim 10 is analyzed and rejected as a device for performing the method of claim 2.
Claim(s) 5, 13, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhou in view of Shanmugam (US 2020/0145583 A1).
Claim 5, Zhou teaches the method of claim 1, but is silent regarding:
processing a stepwise recognition setting for the target object based on an interaction with a user; and
processing a release of the stepwise recognition setting for the target object based on a second interaction with the user.
Shanmugam teaches a method comprising processing a stepwise recognition setting for the target object based on an interaction with a user (user interface is presented to select preferred objects in an image; paragraph 0046); and
processing a release of the stepwise recognition setting for the target object based on a second interaction with the user (user may also deselect a previously selected object; see paragraph 0046).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to have used the teaching of the stepwise selection of Shanmugam with the teaching of Zhou in order to provide flexibility to a user to dynamically select or deselect objects in a preview image to capture images with only the preferred objects in focus and thereby enhance the photography experience of the user (see paragraph 0013 of Shanmugam).
Claim 13 is analyzed and rejected as a device for performing the method of claim 5.
Claim 16, Zhou teaches the method of claim 1, but does not expressly teach wherein a plurality of objects among the at least one object included in the first preview image are recognized as the target object based on the hand gesture.
Shanmugam further teaches wherein a plurality of objects among the at least one object included in the first preview image are recognized as the target object based on the hand gesture (user may select one or more objects as preferred objects using touch input; paragraph 0046, 0020).
Claim(s) 7 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhou in view of Kumar (US 2024/0334029 A1).
Claim 7, Zhou teaches the method of claim 1, and further teaches outputting at least one of a sound and a vibration to notify a user (vibration prompt and feedback effects; paragraph 0118), but is silent regarding further comprising:
outputting at least one of a sound and a vibration based on a second object entering a second preview image based on the first viewing angle; and
outputting at least one of a sound and a vibration based on the second object exiting the second preview image.
Kumar teaches a method comprising outputting a notification based on a second object entering a second preview image based on the first viewing angle (system determines when one or more object shave entered the field of view for a camera; paragraph 0020, 0041. Trigger may be issued when objects enter and leave the field of view; paragraph 0035); and
outputting a notification based on the second object exiting the second preview image (notification is generated when objects leave the field of view; paragraph 0021, 0041).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to have used the teaching of Kumar with that of Zhou in order to reserve battery and processing resources when an object is obstructing the view of a subject in a camera (see paragraph 0032 of Kumar).
Claim 15 is analyzed and rejected as a device for performing the method of claim 7.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 attached.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHIAWEI A CHEN whose telephone number is (571)270-1707. The examiner can normally be reached Mon-Fri 12:00pm - 9:00pm EST.
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/CHIAWEI CHEN/Primary Examiner, Art Unit 2637
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