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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: first pre-processor, second pre-processor and similar image generator in claims 1, and 14-18; feature extractor, head rotation component, and image restoration component in claims 2, 4, 10 and 20.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-24 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.
It is unclear, in claim 1, how a similar image that corresponds to a current gaze position of a viewer is generated, when no tracking/change of a viewer’s gaze position is detected. Correction is required.
It is unclear, in claim 13, how a single “first image” is generated by cropping the first face region from each frame of the original video. Correction is required.
It is unclear, in claim 17, how a similar image that corresponds to a current gaze position of a viewer is generated or selected, when no tracking/change of a viewer’s gaze position is detected. Claims 11 and 22, which recites similar features, are similarly rejected. Correction is required.
It is unclear, in claim 22, how generated similar images are output to a screen without communication or coupling with hardware that identifies or creates similar images. Correction is required.
It is unclear, in claim 22, how a single “first image” is generated from multiple frames of a video. Correction is required.
It is unclear, in claim 23, how a “next frame” is used in face extraction, when no face detection is performed on a prior frame. Correction is required.
It is unclear, in claim 24, how “another original image” is received, when a “first original image” has not been received. Correction is required.
It is unclear, in claim 24, how a face is “not” detected in the original image, when there is no face detection performed in the original image. Correction is required.
Accordingly, the remaining claims are rejected based on dependency from a rejected parent claim.
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)(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.
Claim(s) 1-7, and 10-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Aleksander Shusharin et al., WO 2015/122789 A1.
Independent claim 1, Shusharin discloses an image provision device comprising: a first pre-processor configured to generate a first image by detecting a first face region from each frame of an original video (i.e. input devices 108 may be configured to receive input; the image sensor 114 may, in some instances, be a part of input devices 108. It should be also noted that the image sensor 114 (e.g., a digital still and/or video camera) – Para 32; acquires a facial image of an individual from the image sensor – Para 39; Fig. 3);
a second pre-processor configured to generate a second image by detecting a second face region from an original image (i.e. input devices 108 may be configured to receive input; the image sensor 114 may, in some instances, be a part of input devices 108. It should be also noted that the image sensor 114 (e.g., a digital still and/or video camera) – Para 32; acquires a facial image of an individual from the image sensor – Para 39; Fig. 3); and
a similar image generator configured to generate similar images respectively corresponding to a viewer’s gaze positions based on the first image and the second image (i.e. acquiring at least one registration image associated with an authorized user. The image may be a 2D image of the authorized user captured by the image sensor; the computing device 100 generates multiple angle shots of the authorized user face based upon the texture image of the authorized user face - Para 37).
Claim 2, Shusharin discloses the image provision device according to claim 1, wherein the similar image generator includes: a first feature extractor configured to generate first feature information representing features of a face included in the first image (i.e. input devices 108 may be configured to receive input; the image sensor 114 may, in some instances, be a part of input devices 108. It should be also noted that the image sensor 114 (e.g., a digital still and/or video camera) – Para 32; acquires a facial image of an individual from the image sensor – Para 39; Fig. 3; features extracted from facial images may relate to pixel data - Para 69);
a second feature extractor configured to generate second feature information representing features of a face included in the second image (i.e. input devices 108 may be configured to receive input; the image sensor 114 may, in some instances, be a part of input devices 108. It should be also noted that the image sensor 114 (e.g., a digital still and/or video camera) – Para 32; acquires a facial image of an individual from the image sensor – Para 39; Fig. 3; features extracted from facial images may relate to pixel data - Para 69);
a head rotation component configured to generate correction feature information by converting the first feature information in response to head angle information including head angles respectively corresponding to the gaze positions of the viewer (i.e. Facial position is determined at least in steps 220, 320 and 420 based on an input image of a user/individual as received from the image sensor 114; facial position can be located and/or determined by statistical analysis – Para 42; iteratively adjust the statistical model to define landmark coordinates more precisely – Para 47); and
an image restoration component configured to generate the similar images based on the correction feature information, the second feature information, and the second image (i.e. The computing device 100 finds similarity between the texture image and one or more of the plurality of reference 3D and 2D images; This process of finding similarity can be implemented by a machine-learning algorithm or a statistical analysis – Para 66).
Claim 3, Shusharin discloses the image provision device according to claim 2, wherein each of the first feature information and the second feature information includes: landmark information including three-dimensional coordinates for each landmark of the face (i.e. defines coordinates of landmarks (in the system of coordinates of the image): - Para 48); and
rotation information including rotation angles obtained when the face is rotated about each of a first axis, a second axis, and a third axis perpendicular to each other (i.e. The rotation may create any of a yaw angle, pitch angle, and/or roll angle. – Para 63; FIGs. 11A-11D show angle shots rotated at different angles relative to horizontal and vertical axis (i.e., yaw and pitch angles) – Para 68).
Claim 4, Shusharin discloses the image provision device according to claim 3, wherein the head rotation component is configured to calculate the three-dimensional coordinates of the first feature information changed according to rotation allowing the rotation angle of the first feature information to be equal to the head angle (i.e. FIGs. 11A-11D show angle shots rotated at different angles relative to horizontal and vertical axis (i.e., yaw and pitch angles) – Para 68).
Claim 5, Shusharin discloses the image provision device according to claim 3, wherein the landmark includes at least one of a nose, mouth, eyes, ears, and a chin (i.e. facial landmark points refer to various face elements such as inner/outer corner of eyes, eye centers (e.g., pupils), left/right corner of mouth, nose center, nose corners, ears, chin, eyebrows, among others – Para 46).
Claim 6, Shusharin discloses the image provision device according to claim 3, wherein the rotation angle includes a pitch angle, a yaw angle, and a roll angle (i.e. The rotation may create any of a yaw angle, pitch angle, and/or roll angle. – Para 63).
Claim 7, Shusharin discloses the image provision device according to claim 2, wherein each of the similar images is an image in which the face of the second image has a
facial expression included in the first image and the head angle (Fig. 11A-D).
Claim 10, Shusharin discloses the image provision device according to claim 2, wherein the image restoration component is configured to generate the similar images by referring to previously created similar images (i.e. select a face from stored faces of authorized users, based on a received image having a facial position – Fig. 3; Para 39).
Claim 11, Shusharin discloses the image provision device according to claim 1, further comprising an image display configured to: select a similar image corresponding to a current gaze position of the viewer, from among the similar images (i.e. select a face from stored faces of authorized users, based on a received image having a facial position – Fig. 3; Para 39); and output the selected similar image on a screen (i.e. the computing device selects the most similar image- Para 66; Fig. 9; output the created angle shot(s) – Fig. 11A-D).
Claim 12, Shusharin discloses the image provision device according to claim 11, wherein the image display is configured to: obtain a synthetic image by replacing a face included in the first face region of the original video with a face included in the selected similar image (i.e. create/synthesize angle shots representing artificial images – Para 63); and output the synthetic image on the screen (i.e. the computing device selects the most similar image- Para 66; Fig. 9; output the created angle shot(s) – Fig. 11A-D).
Claim 13, Shusharin discloses the image provision device according to claim 1, wherein the first pre-processor is configured to generate the first image by cropping the first face region from each frame of the original video (i.e. determination of facial position may be needed for isolating (e.g. cropping) the authorized user face – Para 37).
Claim 14, Shusharin discloses the image provision device according to claim 1, wherein the second pre-processor is configured to generate the second image by cropping the second face region from the original image (i.e. determination of facial position may be needed for isolating (e.g. cropping) the authorized user face – Para 37).
Claim 15, Shusharin discloses the image provision device according to claim 1, wherein the first pre-processor is configured to generate the first image by adjusting the first face region to a predetermined reference size (i.e. an area of interest can be isolated from the image; This process can include the following steps: (b) scaling the face image (for example, until landmarks associated with user pupils are at a predetermined distance from each other, e.g. 60 pixels between the pupils); and/or (c) cropping the face image or its part to create an image of a predetermined pixel size – Para 61).
Claim 16, Shusharin discloses the image provision device according to claim 15, wherein the second pre-processor is configured to: adjust a position of the face included in the second face region to a predetermined reference position (i.e. an area of interest can be isolated from the image. This process can include the following steps: (a) rotating at least a portion of the face image until landmarks associated with user pupils are horizontally oriented – Para 61); and adjust the adjusted second face region to the reference size to generate the second image (i.e. an area of interest can be isolated from the image; This process can include the following steps: (b) scaling the face image (for example, until landmarks associated with user pupils are at a predetermined distance from each other, e.g. 60 pixels between the pupils); and/or (c) cropping the face image or its part to create an image of a predetermined pixel size – Para 61).
Independent claim 17, Shusharin discloses an image provision device comprising: a similar image generator configured to generate similar images respectively corresponding to a viewer’s gaze positions based on a first image generated using each frame of an original video and a second image generated using an original image (i.e. acquiring at least one registration image associated with an authorized user. The image may be a 2D image of the authorized user captured by the image sensor; the computing device 100 generates multiple angle shots of the authorized user face based upon the texture image of the authorized user face - Para 37);
and an image display configured to select a similar image corresponding to a current gaze position of the viewer, from among the similar images, and output the selected similar image on a screen (i.e. select a face from stored faces of authorized users, based on a received image having a facial position – Fig. 3; Para 39; the computing device selects the most similar image- Para 66; Fig. 9; output the created angle shot(s) – Fig. 11A-D).
Claims 18-21, the corresponding rationale as applied in the rejection of claims 2-4 and 7 apply herein.
Independent claim 22, Shusharin discloses an image provision method comprising: generating a first image using each frame of an original video (i.e. input devices 108 may be configured to receive input; the image sensor 114 may, in some instances, be a part of input devices 108. It should be also noted that the image sensor 114 (e.g., a digital still and/or video camera) – Para 32; acquires a facial image of an individual from the image sensor – Para 39; Fig. 3);
generating a second image using an original image (i.e. input devices 108 may be configured to receive input; the image sensor 114 may, in some instances, be a part of input devices 108. It should be also noted that the image sensor 114 (e.g., a digital still and/or video camera) – Para 32; acquires a facial image of an individual from the image sensor – Para 39; Fig. 3);
generating similar images respectively corresponding to a viewer’s gaze positions based on the first image and the second image (i.e. acquiring at least one registration image associated with an authorized user. The image may be a 2D image of the authorized user captured by the image sensor; the computing device 100 generates multiple angle shots of the authorized user face based upon the texture image of the authorized user face - Para 37); and
selecting a similar image corresponding to a current gaze position of the viewer, from among the generated similar images to output the selected similar image on a screen (i.e. select a face from stored faces of authorized users, based on a received image having a facial position – Fig. 3; Para 39; the computing device selects the most similar image- Para 66; Fig. 9; output the created angle shot(s) – Fig. 11A-D).
Claim 23, Shusharin discloses the image provision method according to claim 22, wherein the generating the first image includes extracting a next frame when a face region is not detected in any one frame (i.e. input devices 108 may be configured to receive input; the image sensor 114 may, in some instances, be a part of input devices 108. It should be also noted that the image sensor 114 (e.g., a digital still and/or video camera) – Para 32; acquires a facial image of an individual from the image sensor – Para 39; Fig. 3).
Conclusion
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/CHANTE E HARRISON/Primary Examiner, Art Unit 2615
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