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 § 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 (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 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.
Claims 10, 13, 17 are rejected under 35 U.S.C. 103 as being unpatentable over Li (US 20170310884 A1) in view of Baran et al. (US 20220108431 A1; hereafter Baran).
As of Claim 10: Li teaches an electronic device (¶0026 and note that the client device 110 may comprise one or more of touch screens, accelerometers, gyroscopes, cameras) comprising: an image sensor (¶¶0046,0122) configured to acquire a first image of a subject (¶0032); and a processor configured to determine a background and a composition based on the first image, wherein the image sensor is further configured to acquire a second image of by taking a picture of the subject with the background and the composition (¶0032, and note that the image modification system 150 may provide functionality operable to perform various modifications to image capture modes and image parameters. The image modification system 150 may provide functionality operable to generate and present suggested instructions to guide manipulation of image capture publications, image parameters, and image composition. Also, the modifications performed by the image modification system 150 may be based on aspects of objects and backgrounds within a field of view of an image capture device, image characteristics of images depicting similar objects and published on the one or more publication systems 142, or any other suitable information. For example, the image modification system 150 accesses publications and identifies images, image characteristics (e.g., image metadata), and descriptions within the publications. In some instances, portions of the image modification system 150 which identify images within publications on the one or more publication systems 142 may be stored at and part of the publication systems 142.).
Baran is a similar or analogous system to the claimed invention as evidenced Baran teaches the cameras can be positioned or orientated to record the user or other objects in the environment from different angles that would have prompted a predictable variation of Li by applying Baran’s known principal of the image sensor is further configured to acquire a second image of the subject by taking a picture of the subject with the background and the composition (¶0065 and note that he background segment in the reference image can be used as a style for the background segment of the second image 412. Therefore, one style can be applied between the person 102 in the two images, and another style can be applied between the backgrounds in the two images. Styles can also be switched between the reference image and the other images. For example, a style from a segment from the second image 412 can be used as a style for a corresponding segment in the first image 402 to affect the first video feed. As an example, the person 102 may prefer the visual characteristics of an object in the first video feed 202, but may prefer the background visual characteristics from the second video feed 204.).
In view of the motivations such as enabling users to create professional quality live streaming sessions even while using less expensive, uncalibrated, off-the-shelf cameras. thereby further improving image quality and accessibility and one of ordinary skill in the art would have implemented the claimed variation of the prior art system of Li.
Therefore, the claimed invention would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
As of Claim 13: Li in view of Baran further teaches the processor is further configured to acquire a shooting mode, the image sensor is further configured to acquire the first image according to the shooting mode and acquire the second image according to the shooting mode, and the shooting mode is any one of a fashion clothing shooting mode, a product shooting mode (Fig. 12, shoe), a profile photo shooting mode, an ID photo shooting mode, and a background photo shooting mode (Li ¶¶0032,0038 and note that the image modification system 150 may modify image parameters or image capture modes and generate and present suggestions for changes to image composition based on information gleaned from the publications. In some example embodiments, the image modification system 150 analyzes objects of interest, backgrounds, image capture parameters, and ambient characteristics to determine and perform modifications to one or more of an image capture mode and an image capture parameter. age modification system 150 dynamically and automatically changes image capture modes, the notification component 250 generates indications or alerts of the changes implemented by the image modification system 150.).
As of Claim 17: Li in view of Baran further teaches the processor is further configured to extract a feature of the first image and determine a position and a proportion of the subject in the image from a database based on the feature of the first image (Li ¶¶0050,0064,0065 and note that the identification component 230 identifies the set of object characteristics from the text description within the publication. The identification component 230 may extract color information, dimension information, item type information, and information capable of identifying the object of interest (e.g., serial numbers, titles, or manufacturers). The identification component 230 may incorporate the extracted data into the set of object characteristics for use).
Claims 11&12 are rejected under 35 U.S.C. 103 as being unpatentable over Li (US 20170310884 A1) in view of Baran et al. (US 20220108431 A1; hereafter Baran), and further in view of Ebrahimi et al. (US 20200409376 A1; hereafter Ebrahimi).
As of Claim 11: Ebrahimi is a similar or analogous system to the claimed invention as evidenced Ebrahimi teaches that would have prompted a predictable variation of Li by applying Ebrahimi’s known principal of a robot arm (¶¶0154,0155 and note that the robot may include a camera sensor that may be communicatively coupled with a microprocessor or microcontroller. Also images captured by the camera may be processed to identify objects or faces) disposed with the image sensor and driven according to a command of the processor (¶0155), wherein the processor is further configured to perform training by using an image taken by a specific photographer, a composition, a shooting position, and a distance to the subject as a training data set, and control the robot arm to take an image with the composition and the shooting position of the specific photographer and the distance to the subject when a specific photographer mode is input (¶¶0276,0419 and note that training may be executed remotely and trained model parameters may be downloaded to the robot, which is not to suggest that any other operation herein must be performed on the robot. The classifier may be trained by, for example, providing the classifier with training and target data that contains the correct environmental characteristic classifications of the sensor readings within the training data.).
In view of the motivations such as thereby further improving image quality one of ordinary skill in the art would have implemented the claimed variation of the prior art system of Li.
Therefore, the claimed invention would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
As of Claim 12: Li in view of Baran in view of Ebrahimi further teaches the processor is further configured to perform training by using the image taken by a specific photographer and an image setting value as a training data set, and edit the first image and the second image by applying the image setting value (Ebrahimi ¶¶0575, the robot may store in memory a relatively high-resolution representation of a map, and a lower-resolution representation of the map may be sent to a communication device for editing. In this scenario, the edits are still to “the map,” notwithstanding changes in format, resolution, or encoding. Similarly, a map stored in memory of the robot, while only a portion of the map may be sent to the communication device, and edits to that portion of the map are still properly understood as being edits to “the map”).
Claims 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Li (US 20170310884 A1) in view of Baran et al. (US 20220108431 A1; hereafter Baran), and further in view of Rutschman et al. (US 20180239948 A1; hereafter Rutschman).
As of Claim 14: Rutschman is a similar or analogous system to the claimed invention as evidenced Rutschman teaches would have prompted a predictable variation of Li by applying Rutschman’s known principal of the processor is further configured to extract a feature of the first image and determine a background and a composition corresponding to the feature of the first image from a database(¶0074, FIG. 10 and note that performing background subtraction; (20) perform resolution reduction or selection reduction to at least partially reduce pixel data; (21) coding; (22) perform feature recognition; (23) extract or determine text or binary data for transmission with or without image data).
In view of the motivations such hosting applications can be customized for business or user needs and can perform functions such as monitoring, analyzing, interperting, or reporting on certain events or objects or features as thereby enabling use of relatively low transmission bandwidths limited to up to between a few bytes per second to approximately a couple hundred megabytes per second or even a few gigabytes per second. further improving image quality one of ordinary skill in the art would have implemented the claimed variation of the prior art system of Li.
Therefore, the claimed invention would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
As of Claim 15: Li in view of Baran in view of Rutschman further teaches the processor is further configured to acquire a plurality of images from the database, acquire backgrounds and compositions of the plurality of images (Baran¶¶0045-0048), train an artificial neural model by using the plurality of images and the backgrounds and compositions of the plurality of images as a training set, and allow the artificial neural model to determine the background and the composition based on the first image (Baran¶¶0045-0048).
As of Claim 16: Li in view of Baran in view of Rutschman further teaches a moving part driven according to a command of the processor, wherein the processor is further configured to determine a similarity between the subject and the background and the composition of the trained image (Rutschman ¶0240), take a picture of the subject when the similarity exceeds a reference value, and instruct the moving part to move when the similarity is below the reference value (Rutschman ¶0155).
Claims 18-21 are rejected under 35 U.S.C. 103 as being unpatentable over Li (US 20170310884 A1) in view of Baran et al. (US 20220108431 A1; hereafter Baran), and further in view of HAO et al. (US 20200268251 A1; hereafter HAO).
As of Claim 18:HAO is a similar or analogous system to the claimed invention as evidenced HAO teaches that would have prompted a predictable variation of Li by applying HAO’s known principal of the processor is further configured to determine a pose based on the first image when the first image comprises a person (¶¶0218,0248,0249 and note that the position processing unit 120 may obtain a plurality of patient models from, e.g., a storage device of the positioning system 100 or a vendor that provides and/or maintains such patient model. The plurality of patient models may include patient models representing a same reference patient holding different poses and/or at different positions. Additionally or alternatively, the plurality of patient models may include patient models representing different reference patients, for example, different reference patients having different body shapes (e.g., heights and/or weights) and/or holding different poses.).
In view of the motivations such as automatic patient readiness detection in medical imaging thereby further improving updating the control information pursuant to a change of the patient position one of ordinary skill in the art would have implemented the claimed variation of the prior art system of Li.
Therefore, the claimed invention would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
As of Claim 19: Li in view of Baran in view of HAO further teaches the processor is further configured to acquire a body shape of the person based on the first image and determine a pose corresponding to the body shape (HAO ¶¶0218,0249).
As of Claim 20: Li in view of Baran in view of HAO further teaches the processor is further configured to determine a similarity between the person and the pose, take a picture of the subject when the similarity exceeds a reference value, and output a notification message when the similarity is below the reference value (HAO ¶¶0035,0036 and note that the reference pattern may be a three-dimensional object. For each of the at least one camera, the determining the position of the camera relative to the patient support based on a representation of the reference pattern in the at least one reference image may include determining a first position of the camera relative to the reference pattern based on the representation of the reference pattern in the at least one reference image, obtaining a second position of the reference pattern relative to the patient support, and determining the position of the camera relative to the patient support based on the first position and the second position.).
As of Claim 21: Li in view of Baran in view of HAO further teaches the processor is further configured to extract a feature of the second image and generate a page based on the feature of the second image (HAO ¶¶0101,0216).
As of Claims 1-9: Claims 1-9 a method for performing claims 10-21 and the claims are addressed above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEKONNEN D DAGNEW whose telephone number is (571)270-5092. The examiner can normally be reached on 8:00AM-5:00PM M-Th.
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/MEKONNEN D DAGNEW/Primary Examiner, Art Unit 2638