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 .
Preliminary Remarks
This is a reply to the application filed on 11/08/2024, in which, claims 1-17 remain pending in the present application with claims 1, 9, and 17 being independent claims.
When making claim amendments, the applicant is encouraged to consider the references in their entireties, including those portions that have not been cited by the examiner and their equivalents as they may most broadly and appropriately apply to any particular anticipated claim amendments.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on November 08, 2024 is in compliance with the provisions of 37 CFR 1.97 and is being considered by the Examiner.
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.
Use of the word “unit” (or “step for”, “device”, “element”, “mechanism”, “module”, “means”, “engine”, “component”, “member”, “apparatus”, “machine”, “system”, “assembly”, “portion”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “unit” in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
The claim limitations use 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:
a detection unit configured to detect a region of a subject in an image in claims 1 and 9;
a determination unit configured to determine a target position in claims 1 and 9;
a control unit configured to change an angle of view in claims 1 and 9; and
an image capturing unit configured to capture an image in claim 9.
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. (FP 7.30.06).
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
Claims 2-8 depend on claim 1 and claims 10-16 depend on claim 9 thus 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is also invoked.
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 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 of this title, 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.
Claims 1-17 are rejected under 35 U.S.C. 103 as being unpatentable over Nakao (US 20220311941 A1, hereinafter referred to as “Nakao”) in view of Zu et al. (US 20230209204 A1, hereinafter referred to as “Zu”).
Regarding claim 1, Nakao discloses a control apparatus comprising:
a detection unit configured to detect a region of a subject in an image that has been captured (see Nakao, paragraph [0105]: “the image recognition processing unit 5 performs detection of a subject, detection of a face, and processing of recognizing the type of a detected subject in the frame of the captured image signal”);
a determination unit configured to determine a target position, in the image, of the subject detected, in a case where the subject is tracked (see Nakao, paragraph [0130]: “the target composition means a target composition when tracking the subject. That is, the composition here includes at least an element with respect to which position in the captured image the subject to be tracked is to be arranged at”); and
a control unit configured to change an angle of view for shooting such that a position of the subject in the image becomes the target position (see Nakao, paragraphs [0168]-[0169]: “the change (control) of the angle of view is one aspect of the change (control) of the imaging range by the imaging device 1... in a case where an operation of double-tapping the screen 10 a including the tap of the detected subject is performed, adjustment to a composition in which the tracking target subject is arranged at a predetermined position in the captured image is performed”).
Regarding claim 1, Nakao discloses all the claimed limitations with the exception of wherein in a case where the entirety of the subject is included in the image captured, the determination unit determines the target position through first processing, and in a case where the entirety of the subject is not included in the image captured, the determination unit determines the target position through second processing different from the first processing.
Zu from the same or similar fields of endeavor discloses wherein in a case where the entirety of the subject is included in the image captured, the determination unit determines the target position through first processing, and in a case where the entirety of the subject is not included in the image captured, the determination unit determines the target position through second processing different from the first processing (see Zu, paragraph [0080]: “If the distance between the position where the person locates and the camera is within a certain range, such as a range in which the image can be captured, the camera is not controlled to rotate. That is to say, only the relative position of the crop frame in the captured image under the fixed camera position is adjusted. When it is detected that the distance exceeds this range due to the user's movement during the image capture, the camera needs to be driven by the pan-tilt component to rotate to realize tracking of the object's motion”).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Zu with the teachings as in Nakao. The motivation to doing so would ensure the system to have the ability to use the system and method disclosed in Zu to determine whether the distance between the position where the subject locates and the camera is within a certain range in which the image can be captured wherein the camera needs to be driven by the pan-tilt component to rotate to realize tracking of the object's motion when it is detected that the distance exceeds this range due to the user's movement during the image capture and the camera do not need to be rotated in the case the subject locates and the camera is within the predetermined range thus determining the target position through different processing depending on the subject is included in the image captured or not in order to track a subject throughout scenes shot so that the target of tracking can be shot appropriately according to the scene.
Regarding claim 2, the combination teachings of Nakao and Zu as discussed above also disclose the control apparatus of claim 1,
wherein in the first processing, the determination unit determines the target position such that in a first direction among a horizontal direction and a vertical direction of the angle of view, a distance from a first end portion of the angle of view to a first end portion of the subject is substantially equal to a distance from a second end portion of the angle of view to a second end portion of the subject (see Zu, paragraph [0117]: “after determining the center position of the tracking target area and the center point of the image, it can be determined whether the tracking target area is located in the preset area by comparing the coordinate value of the center position of the tracking target area and the coordinate value of the center point of the image. In order to avoid increasing processing load caused by frequent adjustments and to tolerate partial detection errors, based on the requirements of actual needs and the viewing angle of the camera 231 in the horizontal direction, a tolerance coordinate range may be preset. When the center position of the target area is within the tolerance coordinate range, it is determined that the current tracking target area is within the preset area”).
The motivation for combining the references has been discussed in claim 1 above.
Regarding claim 3, the combination teachings of Nakao and Zu as discussed above also disclose the control apparatus of claim 2,
wherein the first direction is a direction, among the horizontal direction and the vertical direction of the angle of view, in which an image height of the subject is greater (see Zu, paragraphs [0086]-[0087]: “referring to FIG. 8 , the outer rectangle in the figure represents the image, the width of the image denotes as Wc, the height of the image denotes as Hc, the inner rectangle in the figure represents the crop frame, the width of the crop frame denotes as Wt, and the height of the crop frame denotes as Ht. The coordinate of the lower left corner of the crop frame in the initial state is (X, Y), where X=(Wc−Wt)/2 and Y=(Hc−Ht)/2, so that the human face in the display image occupies a relatively large proportion of the entire image”).
The motivation for combining the references has been discussed in claim 1 above.
Regarding claim 4, the combination teachings of Nakao and Zu as discussed above also disclose the control apparatus of claim 2, wherein in the first processing, the determination unit determines the target position such that the subject becomes closer to one end portion of the angle of view in a second direction different from the first direction among the horizontal direction and the vertical direction of the angle of view (see Zu, paragraph [0118]: “when the coordinate of the center position of the tracking target area obtained by detection is not within this interval, it is determined that the current tracking target area is not in the preset area, that is, the coordinate of the center position of the tracking target area obtained by calculation is quite different from the coordinate 960”).
The motivation for combining the references has been discussed in claim 1 above.
Regarding claim 5, the combination teachings of Nakao and Zu as discussed above also disclose the control apparatus of claim 1, wherein in the second processing, the determination unit determines the target position such that at least a specific constituent of the subject is included in the image captured (see Zu, paragraph [0146]: “the tracking target area can be extracted from the reference image by obtaining the reference image captured by the camera 231 in combination with the current imaging parameter(s) of the camera 231, so as to send the rotation instruction to the camera 231 to adjust the shooting direction of the camera”).
The motivation for combining the references has been discussed in claim 1 above.
Regarding claim 6, the combination teachings of Nakao and Zu as discussed above also disclose the control apparatus of claim 5, wherein in the second processing, in a case where the specific constituent of the subject is not included in the image captured, the determination unit determines the target position such that the subject moves in a direction opposite from a direction of travel of the subject (see Zu, paragraph [0140]: “after determining that the center position of the current tracking target area is not within the preset area, the controller 250 may firstly calculate the distance between the center position of the tracking target area and the center point of the image area; then calculate the rotation angle according to the calculated distance combined with the maximum angle of view of the lens component of the camera 231 and the image size; and finally send the calculated rotation angle to the camera 231 in the form of a control instruction, so that the motor in the camera 231 drives each rotating shaft to rotate, thereby adjusting the orientation of the lens component” and paragraph [0142]: “if the horizontal coordinate of the center position of the tracking target area is greater than the horizontal coordinate of the center of the image, the camera 231 is rotated to the right; otherwise, the camera 231 is rotated to the left”).
The motivation for combining the references has been discussed in claim 1 above.
Regarding claim 7, the combination teachings of Nakao and Zu as discussed above also disclose the control apparatus of claim 5, wherein in the second processing, in a case where the specific constituent of the subject is included in the image captured and a distance to the subject from an end portion of an angle of view corresponding to the direction of travel of the subject is not greater than a predetermined value, the determination unit determines the target position such that the distance becomes greater than the predetermined value (see Zu, paragraph [0146]: “the tracking target area can be extracted from the reference image by obtaining the reference image captured by the camera 231 in combination with the current imaging parameter(s) of the camera 231, so as to send the rotation instruction to the camera 231 to adjust the shooting direction of the camera 231. The method can improve the detection process of the multi-object scenario in the image recognition process, and set the weight ratio according to the target distance, the area of a face region, etc., so as to filter undesired detected face region(s) according to the weight ratio to determine a tracking target area, and finally determine the deviation between the tracking target area and the preset area in the image, and adjust the orientation of the camera 231 according to the determination result, thereby tracking desired objects”).
The motivation for combining the references has been discussed in claim 1 above.
Regarding claim 8, the combination teachings of Nakao and Zu as discussed above also disclose the control apparatus of claim 5, wherein in a case where the entirety of the subject is not included in the image captured and the specific constituent of the subject is included in the image captured, the control unit does not change an angle of view for tracking the subject (see Zu, paragraph [0119]: “If the center position of the current tracking target area is within the preset area, there is no need to control the camera 231 to rotate, and the image acquisition requirement can be met by maintaining the current orientation of the camera”).
The motivation for combining the references has been discussed in claim 1 above.
Claim 9 is rejected for the same reasons as discussed in claim 1 above. In addition, the combination teachings of Nakao and Zu as discussed above also disclose an image capturing apparatus comprising: an image capturing unit configured to capture an image (see Nakao, Fig. 3, Imaging Unit; and paragraph [0140]: “The camera signal processing unit 4 performs various types of signal processing on a digital signal (captured image signal) from the imaging unit 3”).
Claim 10 is rejected for the same reasons as discussed in claim 2 above.
Claim 11 is rejected for the same reasons as discussed in claim 3 above.
Claim 12 is rejected for the same reasons as discussed in claim 4 above.
Claim 13 is rejected for the same reasons as discussed in claim 5 above.
Claim 14 is rejected for the same reasons as discussed in claim 6 above.
Claim 15 is rejected for the same reasons as discussed in claim 7 above.
Claim 16 is rejected for the same reasons as discussed in claim 8 above.
Claim 17 is rejected for the same reasons as discussed in claim 1 above.
Conclusion
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NIENRU YANG
Examiner
Art Unit 2484
/NIENRU YANG/Examiner, Art Unit 2484
/THAI Q TRAN/Supervisory Patent Examiner, Art Unit 2484