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.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 12/4/2024 and 8/19/2025 were filed with or after the mailing date of the application on 12/4/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claims 1-3, 6, and 8-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Urakami (US Patent Pub. # 2020/0380649).
As to claim 1, Urakami discloses an image processing apparatus comprising one or more processors and/or circuitry which function as:
an input unit (image processing circuit 120) that inputs an image (image data) (Para 31);
a setting unit (120) that sets whether or not to execute a predetermined correction process (tone correction) on a correction target region (target region) having a predetermined characteristic in the image (image data), and a first correction amount (first tone correction processing) in a case where the correction process (tone correction) is to be executed (Para 62-66);
a determination unit (120) that determines whether a predetermined condition (tone correction) is satisfied, and, if the condition (subject far or near) is satisfied, determines whether the first correction (first tone correction processing) amount is equal to or greater than a predetermined threshold (subject far or near) (Para 81);
a changing unit (120) that changes the first correction amount (first tone correction processing) to a second correction amount (second tone correction processing) smaller than the first correction amount (first tone correction processing) in a case where the determination unit determines that the first correction amount (first tone correction processing) is equal to or greater than the threshold subject far or near) (Para 81); and
a correction unit (120) that, if the execution of the correction process is set, executes the correction process on the correction target region (target region) of the image based on the second correction amount (second tone correction processing), or based on the first correction amount (first tone correction processing) if the first correction amount (first tone correction processing) is not changed to the second correction amount (second tone correction processing) by the changing unit (120) (Para 81-83).
As to claim 2, Urakami teaches wherein the one or more processors and/or circuitry further functions as: a selection unit (120) that selects one of a plurality of modes relating to focus adjustment, including a review AF mode (focus control) for selecting and focusing on a subject (target region) that is close( distance) to an image capturing apparatus (digital camera 100) among subjects (target region) present within an angle of view, wherein the determination unit (120) determines that the condition is satisfied in a case where the review AF mode (focus control) is selected (Para 27, 71, and 80).
As to claim 3, Urakami teaches wherein the determination unit (120) determines that the condition is satisfied in a case where a distance (distance) between a position of the correction target region (target region) and an in-focus position (focus control) in the image (image data) is longer (subject far) than a predetermined distance (Para 81 and 82).
As to claim 6, Urakami teaches wherein the one or more processors and/or circuitry further functions as: a detection unit (120) that detects a face region (face identification application) in the image (image data) as the correction target region (target region), wherein the correction unit (120) performs the correction process (tone correction) on the face region (face) (Para 100).
As to claim 8, Urakami discloses an image capturing apparatus comprising:
an image capturing unit (image capturing unit 101) that shoots an image (image data) and outputs it (Para 27); and
an image processing apparatus (image processing circuit 120) comprising one or more processors and/or circuitry which function as:
an input unit (image processing circuit 120) that inputs an image (image data) (Para 31);
a setting unit (120) that sets whether or not to execute a predetermined correction process (tone correction) on a correction target region (target region) having a predetermined characteristic in the image (image data), and a first correction amount (first tone correction processing) in a case where the correction process (tone correction) is to be executed (Para 62-66);
a determination unit (120) that determines whether a predetermined condition (tone correction) is satisfied, and, if the condition (subject far or near) is satisfied, determines whether the first correction (first tone correction processing) amount is equal to or greater than a predetermined threshold (subject far or near) (Para 81);
a changing unit (120) that changes the first correction amount (first tone correction processing) to a second correction amount (second tone correction processing) smaller than the first correction amount (first tone correction processing) in a case where the determination unit determines that the first correction amount (first tone correction processing) is equal to or greater than the threshold (subject far or near) (Para 81); and
a correction unit (120) that, if the execution of the correction process is set, executes the correction process on the correction target region (target region) of the image based on the second correction amount (second tone correction processing), or based on the first correction amount (first tone correction processing) if the first correction amount (first tone correction processing) is not changed to the second correction amount (second tone correction processing) by the changing unit (120) (Para 81-83).
As to claim 9, Urakami discloses an image processing apparatus comprising one or more processors and/or circuitry which function as:
inputting (image processing circuit 120) an image (image data) (Para 31);
setting (120) whether or not to execute a predetermined correction process (tone correction) on a correction target region (target region) having a predetermined characteristic in the image (image data), and a first correction amount (first tone correction processing) in a case where the correction process (tone correction) is to be executed (Para 62-66);
determining (120) whether a predetermined condition (tone correction) is satisfied, and, if the condition is satisfied, determining whether the first correction amount (first tone correction processing) amount is equal to or greater than a predetermined threshold (subject far or near) (Para 81);
changing (120) the first correction amount (first tone correction processing) to a second correction amount (second tone correction processing) smaller than the first correction amount (first tone correction processing) in a case where the determination unit determines that the first correction amount (first tone correction processing) is equal to or greater than the threshold (subject far or near) (Para 81); and
if the execution of the correction process (120) is set, executing the correction process on the correction target region (target region) of the image based on the second correction amount (second tone correction processing), or based on the first correction amount (first tone correction processing) if the first correction amount (first tone correction processing) is not changed to the second correction amount (second tone correction processing) by the changing unit (120) (Para 81-83).
As to claim 10, Urakami discloses a non-transitory computer-readable storage medium, the storage medium storing a program that is executable by the computer, wherein the program includes program code for causing the computer to function as an image processing apparatus comprising:
an input unit (image processing circuit 120) that inputs an image (image data) (Para 31);
a setting unit (120) that sets whether or not to execute a predetermined correction process (tone correction) on a correction target region (target region) having a predetermined characteristic in the image (image data), and a first correction amount (first tone correction processing) in a case where the correction process (tone correction) is to be executed (Para 62-66);
a determination unit (120) that determines whether a predetermined condition (tone correction) is satisfied, and, if the condition (subject far or near) is satisfied, determines whether the first correction (first tone correction processing) amount is equal to or greater than a predetermined threshold (subject far or near) (Para 81);
a changing unit (120) that changes the first correction amount (first tone correction processing) to a second correction amount (second tone correction processing) smaller than the first correction amount (first tone correction processing) in a case where the determination unit determines that the first correction amount (first tone correction processing) is equal to or greater than the threshold subject far or near) (Para 81); and
a correction unit (120) that, if the execution of the correction process is set, executes the correction process on the correction target region (target region) of the image based on the second correction amount (second tone correction processing), or based on the first correction amount (first tone correction processing) if the first correction amount (first tone correction processing) is not changed to the second correction amount (second tone correction processing) by the changing unit (120) (Para 81-83).
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 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Urakami (US Patent Pub. # 2020/0380649) in view of Yamasaki (US Patent Pub. # 2009/0322935).
As to claim 4, note the discussion above in regards to claim 1. Urakami does not teach wherein the one or more processors and/or circuitry further functions as: an acquisition unit that acquires lens information of an imaging lens used to shoot the image and shooting information used to shoot the image; and a calculation unit that calculates a depth of field based on the lens information and the shooting information, wherein the determination unit determines that the condition is satisfied in a case where the depth of field is shallower than a predetermined depth. Yamasaki teaches wherein the one or more processors and/or circuitry further functions as: an acquisition unit (system control circuit 110) that acquires lens information (driving position of the focus lens) of an imaging lens (shooting lens unit 180) used to shoot the image and shooting information (various information of the attached shooting lens unit 180) used to shoot the image; and a calculation unit (110) that calculates a depth of field (depth of field) based on the lens information (driving position of the focus lens) and the shooting information (various information of the attached shooting lens unit 180), wherein the determination unit (110) determines that the condition is satisfied in a case where the depth of field (depth of field) is shallower (shallow depth of field) than a predetermined depth (Para 34, 70, 104, 105, and 146). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a system control circuit as taught by Yamasaki to the digital camera of Urakami, to reduce the time of the face detection as compared to the conventional system (Para 147 of Yamasaki).
As to claim 5, Yamasaki teaches wherein the one or more processors and/or circuitry further functions as: an acquisition unit (110) that acquires lens information (driving position of the focus lens) of an imaging lens (180) used to shoot the image and shooting information (various information of the attached shooting lens unit 180) used to shoot the image; a calculation unit that calculates a depth of field based on the lens information and the shooting information (Para 34 and 70); and a distance measuring unit (110) that obtains a distance (distance L) to a subject (person 1102) located in the correction target region (face), wherein the determination unit (110) determines that the condition is satisfied in a case where the depth of field (depth of field), which is centered on the distance to an in-focus point (subject distance position 1104c) included in the shooting information (Arrow 1105c), does not include the distance (distance L) to the subject (1102) (Para 151).
9. Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Urakami (US Patent Pub. # 2020/0380649) in view of Balaji (US Patent Pub. # 2023/0030170).
As to claim 7, note the discussion above in regards to claim 1. Urakami does not teach wherein the correction process includes a smoothing process. Balaji teaches wherein the correction process includes a smoothing process (applying a smoothing process to the skin area) (Para 42). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a smoothing process as taught by Balaji to the digital camera of Urakami, to provide video appearance adjustments within a video communication session (Para 27 of Balaji).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER K PETERSON whose telephone number is (571)270-1704. The examiner can normally be reached Monday-Friday 7AM-4PM.
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/CHRISTOPHER K PETERSON/Primary Examiner, Art Unit 2637 4/22/2026
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