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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 11,588,581. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent anticipate the claims of the present application.
Patent No. 11588581
Present Application No.18/958,911
Claim1 recites a method performed by an electronic device for generating a slow motion video, the method comprising:
obtaining a plurality of image frames captured at a predetermined frame rate from at least one camera of the electronic device, detecting motion information in at least one first image frame from among the plurality of image frames,
and performing an interpolation operation using one or more image frames from among the plurality of image frames, wherein the one or more image frames include image frames obtained based on a predetermined time or a predetermined number of image frames after the at least one first image frame in which the motion information is detected, wherein at least one second image frame obtained before the at least one first image frame in which the motion information is detected is discarded from the electronic device; and wherein at least one third image frame obtained after the predetermined time or the predetermined number of image frames from the at least one first image frame in which the motion information is detected is discarded from the electronic device.
Claim1 recites a method performed by an electronic device for generating a slow motion video, the method comprising:
obtaining a plurality of image frames captured at a predetermined frame rate from at least one camera of the electronic device; detecting motion information in at least one first image frame from among the plurality of image frames;
and performing an interpolation operation using a first set of image frames and a second set of image frames, wherein the first set of image frames include image frames within a certain time or within a certain number of frames preceding the at least one first image frame in which the motion information is detected, wherein the second set of image frames include image frames within a certain time or within a certain number of frames following the at least one first image frame in which the motion information is detected,
discarding at least one image frame which is not used in the interpolation operation performed based on the obtained plurality of image frames captured at the predetermined frame rate.
Claim2 recites the method of claim 1, further comprising: encoding one or more image frames resulted from the interpolation operation in the electronic device at a frame rate.
Claim2 recites the method of Claim 1, further comprising: encoding one or more image frames resulting from the interpolation operation in the electronic device at a frame rate.
Claim3 recites the method of claim 2, wherein the frame rate is lower than the predetermined frame rate.
Claim3 recites the method of Claim 2, wherein the frame rate is lower than the predetermined frame rate.
Claim4 recites the method of claim 1, wherein the plurality of image frames are stored in a circular buffer of the electronic device and a size of the circular buffer is determined based on a delay for detecting
the motion information.
Claim4 recites the method of Claim 1, wherein the plurality of image frames are stored in a circular buffer of the electronic device and a size of the circular buffer is determined based on a delay for detecting
the motion information
Claim5 recites the method of claim 1, wherein the plurality of image frames are stored in a circular buffer of the electronic device and a size of the circular buffer is determined based on the predetermined frame rate.
Claim5 recites the method of Claim 1, wherein the plurality of image frames are stored in a circular buffer of the electronic device and a size of the circular buffer is determined based on the predetermined frame rate.
Claim6 recites the method of claim 1, wherein the motion information includes a change in human expressions.
Claim6 recites the method of Claim 1, wherein the motion information includes a change in human expressions.
Claim7 recites the method of claim 6, wherein the motion information is detected using a motion detection library.
Claim7 recites the method of Claim 6, wherein the motion information is detected using a motion detection library.
Claim8 recites an electronic device comprising:
at least one camera;
a memory;
and at least one processor configured to: obtain a plurality of image frames captured at a predetermined frame rate from the at least one camera, detect motion information in at least one first image frame from among the plurality of image frames, and perform an interpolation operation using one or more image frames from among the plurality of image frames,
wherein the one or more image frames include image frames obtained based on a predetermined time or a predetermined number of image frames after the at least one first image frame in which the motion information is detected, wherein at least one second image frame obtained before the at least one first image frame in which the motion information is detected is discarded from the memory; and wherein at least one third image frame obtained after the predetermined time or the predetermined number of image frames from the at least one first image frame in which the motion information is detected is discarded from the memory.
Claim8 recites an electronic device comprising:
at least one camera;
a memory;
and at least one processor configured to:
obtain a plurality of image frames captured at a predetermined frame rate from the at
least one camera, detect motion information in at least one first image frame from among the plurality of image frames, and perform an interpolation operation using a first set of image frames and a second set of image frames,
wherein the first set of image frames include image frames within a certain time or
within a certain number of frames preceding the at least one first image frame in which the motion information is detected,
wherein the second set of image frames include image frames within a certain time or
within a certain number of frames following the at least one first image frame in which the motion information is detected,
discarding at least one image frame which is not used in the interpolation operation
performed based on the obtained plurality of image frames captured at the predetermined
frame rate.
Claim9 recites the electronic device of claim 9, wherein the at least one processor is further configured to encode the one or more image frames resulted from the interpolation operation in the memory at a frame rate.
Claim9 recites the electronic device of Claim 8, wherein the at least one processor is further configured to encode one or more image frames resulting from the interpolation operation in the memory at a frame rate.
Claim10 recites the electronic device of claim 10, wherein the frame rate is lower than the predetermined frame rate.
Claim10 recites the electronic device of Claim 9, wherein the frame rate is lower than the
predetermined frame rate.
Claim11 recites the electronic device of claim 9, wherein the memory is a circular buffer and a size of the circular buffer is determined based on a delay for detecting the motion information.
Claim11 recites the electronic device of Claim 8, wherein the memory is a circular buffer and a size of the circular buffer is determined based on a delay for detecting the motion information.
Claim12 recites the electronic device of claim 9, wherein the memory is a circular buffer and a size of the circular buffer is determined based on the predetermined frame rate.
Claim12 recites the electronic device of Claim 8, wherein the memory is a circular buffer and a size of the circular buffer is determined based on the predetermined frame rate.
Claim13 recites the electronic device of claim 9, wherein the motion information includes a change in human expressions.
Claim13 recites the electronic device of Claim 8, wherein the motion information includes a change in human expressions.
Claim14 recites the electronic device of claim 9, wherein the at least one processor is further configured to detect a change of the motion information using a motion detection library.
Claim14 recites the electronic device of Claim 8, wherein the at least one processor is further configured to detect a change of the motion information using a motion detection library.
Claims15-16 are rejected on the ground of nonstatutory double patenting as being unpatentable overclaims1-14 of U.S. Patent No. 11,558,581 in view of Fujishiro et al US 2014/0176794(hereinafter Fujishiro).
The claims of the patent do not disclose storing one or more image frames resulting from the interpolation operation in a memory of the electronic device but Fujishiro discloses storing one or more image frames resulting from the interpolation operation in a memory of the electronic device ([0058], image memory 220 stores the combined interpolated image, fig. 2).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to store the interpolated images in memory as in Fujishiro in order to allow the system to output the interpolated image and stored original images in a time-series order ([0059]).
Claims 1-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 12,185,021. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent anticipate the claims of the present application.
Patent No. 12,185,021
Present Application No.18/958,911
Claim1 recites a method performed by an electronic device for generating a slow motion video, the method comprising:
obtaining a plurality of image frames captured at a predetermined frame rate from at least one camera of the electronic device; detecting motion information in at least one first image frame from among the plurality of image frames;
and performing an interpolation operation using a first set of image frames and a second set of image frames, wherein the first set of image frames include image frames within a certain time or within a certain number of frames preceding the at least one first image frame in which the motion information is detected, wherein the second set of image frames include image frames within a certain time or within a certain number of frames following the at least one first image frame in which the motion information is detected,
wherein at least one third image frame following the second set of image frames is discarded from the electronic device, and wherein at least one fourth image frame preceding the first set of image frames is discarded from the electronic device.
Claim1 recites a method performed by an electronic device for generating a slow motion 1. video, the method comprising:
obtaining a plurality of image frames captured at a predetermined frame rate from at least one camera of the electronic device; detecting motion information in at least one first image frame from among the plurality of image frames;
and performing an interpolation operation using a first set of image frames and a second set of image frames, wherein the first set of image frames include image frames within a certain time or within a certain number of frames preceding the at least one first image frame in which the motion information is detected, wherein the second set of image frames include image frames within a certain time or within a certain number of frames following the at least one first image frame in which the motion information is detected,
discarding at least one image frame which is not used in the interpolation operation performed based on the obtained plurality of image frames captured at the predetermined frame rate.
Claim2 recites the method of claim 1, further comprising: encoding one or more image frames resulting from the interpolation operation in the electronic device at a frame rate.
Claim2 recites the method of Claim 1, further comprising: encoding one or more image frames resulting from the interpolation operation in the electronic device at a frame rate.
Claim3 recites the method of claim 2, wherein the frame rate is lower than the predetermined frame rate.
Claim3 recites the method of Claim 2, wherein the frame rate is lower than the predetermined frame rate.
Claim4 recites the method of claim 1, wherein the plurality of image frames are stored in a circular buffer of the electronic device and a size of the circular buffer is determined based on a delay for detecting the motion information.
Claim4 recites the method of Claim 1, wherein the plurality of image frames are stored in a circular buffer of the electronic device and a size of the circular buffer is determined based on a delay for detecting the motion information
Claim5 recites the method of claim 1, wherein the plurality of image frames are stored in a circular buffer of the electronic device and a size of the circular buffer is determined based on the predetermined frame rate.
Claim5 recites the method of Claim 1, wherein the plurality of image frames are stored in a circular buffer of the electronic device and a size of the circular buffer is determined based on the predetermined frame rate.
Claim6 recites the method of claim 1, wherein the motion information includes a change in human expressions.
Claim6 recites the method of Claim 1, wherein the motion information includes a change in human expressions.
Claim7 recites the method of claim 6, wherein the motion information is detected using a motion detection library.
Claim7 recites the method of Claim 6, wherein the motion information is detected using a motion detection library.
Claim9 recites an electronic device comprising:
at least one camera;
a memory;
and at least one processor configured to: obtain a plurality of image frames captured at a predetermined frame rate from the at least one camera, detect motion information in at least one first image frame from among the plurality of image frames, and perform an interpolation operation using a first set of image frames and a second set of image frames,
wherein the first set of image frames include image frames within a certain time or within a certain number of frames preceding the at least one first image frame in which the motion information is detected, wherein the second set of image frames include image frames within a certain time or within a certain number of frames following the at least one first image frame in which the motion information is detected, wherein at least one third image frame following the second set of image frames is discarded, and wherein at least one fourth image frame preceding the first set of image frames is discarded.
Claim8 recites an electronic device comprising:
at least one camera;
a memory;
and at least one processor configured to:
obtain a plurality of image frames captured at a predetermined frame rate from the at
least one camera, detect motion information in at least one first image frame from among the plurality of image frames, and perform an interpolation operation using a first set of image frames and a second set of image frames,
wherein the first set of image frames include image frames within a certain time or
within a certain number of frames preceding the at least one first image frame in which the motion information is detected,
wherein the second set of image frames include image frames within a certain time or
within a certain number of frames following the at least one first image frame in which the motion information is detected,
discarding at least one image frame which is not used in the interpolation operation
performed based on the obtained plurality of image frames captured at the predetermined
frame rate.
Claim10 recites the electronic device of claim 9, wherein the at least one processor is further configured to encode the one or more image frames resulting from the interpolation operation in the memory at a frame rate.
Claim9 recites the electronic device of Claim 8, wherein the at least one processor is further configured to encode one or more image frames resulting from the interpolation operation in the memory at a frame rate.
Claim11 recites the electronic device of claim 10, wherein the frame rate is lower than the predetermined frame rate.
Claim10 recites the electronic device of Claim 9, wherein the frame rate is lower than the
predetermined frame rate.
Claim12 recites the electronic device of claim 9, wherein the memory is a circular buffer and a size of the circular buffer is determined based on a delay for detecting the motion information.
Claim11 recites the electronic device of Claim 8, wherein the memory is a circular buffer and a size of the circular buffer is determined based on a delay for detecting the motion information.
Claim13 recites the electronic device of claim 9, wherein the memory is a circular buffer and a size of the circular buffer is determined based on the predetermined frame rate.
Claim12 recites the electronic device of Claim 8, wherein the memory is a circular buffer and a size of the circular buffer is determined based on the predetermined frame rate.
Claim14 recites the electronic device of claim 9, wherein the motion information includes a change in human expressions.
Claim13 recites the electronic device of Claim 8, wherein the motion information includes a change in human expressions.
Claim15 recites the electronic device of claim 9, wherein the at least one processor is further configured to detect a change of the motion information using a motion detection library.
Claim14 recites the electronic device of Claim 8, wherein the at least one processor is further configured to detect a change of the motion information using a motion detection library.
Claim8 recites the method of claim 1, further comprising:
storing one or more image frames resulting from the interpolation operation in a memory of the electronic device.
Claim15 recites the method of claim 1, further comprising:
storing one or more image frames resulting from the interpolation operation in a memory of the electronic device.
Claim16 recites the electronic device of claim 9, wherein the at least one processor is further configured to:
store one or more image frames resulting from the interpolation operation in the memory of the electronic device.
Claim16 recites the electronic device of claim 8, wherein the at least one processor is further configured to:
store one or more image frames resulting from the interpolation operation in the
memory of the electronic device.
Allowable Subject Matter
Claim1-16 would be allowable if applicant overcomes the non-statutory double patenting rejection.
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GIRUMSEW WENDMAGEGN
Primary Examiner
Art Unit 2484
/GIRUMSEW WENDMAGEGN/Primary Examiner, Art Unit 2484