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 .
Claims 1-20 are present for examination.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to abstract ideas without significantly more.
Regarding claim 1, it recites:
A query image generating device, comprising:
an image capturing device; and
a processor, being electrically connected to the image capturing device, and being configured to perform the following operations:
determining whether a region of interest corresponding to a user is located at a target object among a plurality of candidate objects;
in response to the region of interest being located at the target object, determining whether the target object belongs to a connected electronic device category;
in response to the target object belonging to the connected electronic device category, obtaining a display content from the target object and setting the display content as a query image; and
in response to the target object not belonging to the connected electronic device category, controlling the image capturing device to capture a real-time image, and setting the real-time image as the query image.
MPEP 2106 III provides a flowchart for the subject matter eligibility test for product and processes. The claim analysis following the flowchart is as follows:
Step 1: Is the claim to a process, machine, manufacture or composition of matter?
Yes. It recites a device, which is a machine or manufacture.
Step 2A, Prong One: Does the claim recite an abstract idea, law of nature, or nature phenomenon?
Yes.
The step of determining whether a region of interest corresponding to a user is located at a target object among a plurality of candidate objects can be a mental process because a person can mentally determine whether a region of interest is located at a target object by looking at the target object with respect to the region of interest corresponding to a user.
The step of in response to the region of interest being located at the target object, determining whether the target object belongs to a connected electronic device category can be a mental process because a person can mentally check if the target object belongs to a connected electronic device category by searching the target object with the devices in the connected device category in response to the region of interest being located at the target object.
The steps of setting the display content as a query image and setting the real-time image as the query image can be mental processes because a person can mentally decide which image to be the query image.
The steps of in response to the target object belonging to the connected electronic device category, obtaining a display content from the target object; and in response to the target object not belonging to the connected electronic device category, controlling the image capturing device to capture a real-time image can be following rules or instructions, which is in the managing personal behavior or relationships or interactions between people subgroup of the abstract idea group “certain methods of organizing human activity” because obtaining display content or capturing real-time image is similar to assigning hair designs to balance head shape or a series of instructions of how to hedge risk, i.e., obtaining different content based on whether the target object belonging to the connected device category as following the rules of how to obtain a content. (See MPEP 2106.04(a)(2)(II)(C).) Alternately, even if these steps were considered as additional elements instead of abstract ideas, they are considered insignificant extra solution because they can be considered as mere data gathering (obtaining query images), selecting a particular data source or type of data to be manipulated (select different data source to be the query image), and/or insignificant application (just obtaining display content or image based on a condition similar to cutting hair after first determining the hair style or downloading generated menus). (See MPEP 2106.05(g).)
Step 2A, Prong Two: Does the claim recite additional elements that integrate the judicial exception into a practical application?
No.
Claim 1 recites an image capturing device; and a processor, being electrically connected to the image capturing device, which can be considered as generic computer components, and therefore are not particular machines that can integrate the abstract ideas into practical application.
Also as discussed above, even if the steps of in response to the target object belonging to the connected electronic device category, obtaining a display content from the target object; and in response to the target object not belonging to the connected electronic device category, controlling the image capturing device to capture a real-time image, they are considered insignificant extra solution because they can be considered as mere data gathering (obtaining query images), selecting a particular data source or type of data to be manipulated (select different data source to be the query image), and/or insignificant application (just obtaining display content or image based on a condition similar to cutting hair after first determining the hair style or downloading generated menus). (See MPEP 2106.05(g).)
Therefore, this judicial exception is not integrated into a practical application because the additional elements recited in claim 1 do not integrate the abstract idea into a practical application.
Step 2B: Does the claim recite additional elements that amount to significantly more than the judicial exception?
No.
Similar to the discussion above with respect to Step 2A Prong Two. The additional elements recited in claim 1 are at most generic computer components or insignificant extra solutions.
Therefore, the claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because adding insignificant extra-solution activity to the judicial exception is not enough to quality as “significantly more”. (See MPEP 2106.05(I)(A).)
Therefore, claim 1 is not eligible subject matter under 35 USC 101.
Regarding claim 2, it depends from claim 1 and further recites wherein each of at least one electronic device corresponding to the connected electronic device category has a communication connection with the query image generating device. This is merely limiting the types of the electronic devices in the connected electronic device category as part of the abstract idea of determining whether the target object is in the connected electronic device category. Therefore, claim 2 does not recite any additional elements that can integrate the abstract ideas into practical application or amount to significantly more.
Therefore, claim 2 is not eligible subject matter under 35 USC 101.
Regarding claim 3, it depends from claim 1 and further recites wherein each of at least one electronic device corresponding to the connected electronic device category comprises a display screen, and the display content obtained from the target object corresponds to at least a portion of the display screen. This is merely limiting the types of the electronic devices in the connected electronic device category as part of the abstract idea of determining whether the target object is in the connected electronic device category, and limiting the obtained display content as part of the certain methods of organizing human activity with following rules or instructions, or as additional elements but insignificant extra-solution of mere data gathering (obtaining display content), selecting a particular data source or type of data to be manipulated (selecting display content to correspond to at least a portion of the display screen), and/or insignificant application (obtaining display content). Therefore, claim 3 does not recite any additional elements that can integrate the abstract ideas into practical application or amount to significantly more.
Therefore, claim 3 is not eligible subject matter under 35 USC 101.
Regarding claim 4, it depends from claim 1 and further recites wherein the operation of determining whether the target object belongs to the connected electronic device category comprises the following operations: controlling the image capturing device to capture a first real-time image corresponding to the target object; comparing whether the first real-time image matches a stream image obtained from the target object; and in response to the real-time image matching the streaming image, determining the target object belongs to the connected electronic device category. The steps of comparing whether the first real-time image matches a stream image obtained from the target object; and in response to the real-time image matching the streaming image, determining the target object belongs to the connected electronic device category can be mental processes because a person can compare images and determine whether the target object belongs to the connected electronic device category accordingly. The step of controlling the image capturing device to capture a first real-time image corresponding to the target object can be considered as additional elements but insignificant extra-solution of mere data gathering of obtaining data such as images for analysis. Therefore, claim 4 does not recite any additional elements that can integrate the abstract ideas into practical application or amount to significantly more.
Therefore, claim 4 is not eligible subject matter under 35 USC 101.
Regarding claim 5, it depends from claim 1 and further recites wherein the operation of determining whether the target object belongs to the connected electronic device category comprises the following operations: comparing, based on a connected electronic device list, whether the target object matches a first electronic device in the connected electronic device list, wherein the connected electronic device list comprises at least one candidate electronic device; and in response to the target object matching the first electronic device in the connected electronic device list, determining the target object belongs to the connected electronic device category. The steps of comparing whether the target object matches an electronic device in a list and determining the target object belongs to the connected electronic device category in response to the matching can be mental processes because a person can mentally compare the target object with a device in a list and determining whether the target object belongs to the list for the connected electronic device category. Therefore, claim 5 does not recite any additional elements that can integrate the abstract ideas into practical application or amount to significantly more.
Therefore, claim 5 is not eligible subject matter under 35 USC 101.
Regarding claim 6, it depends from claim 1 and further recites wherein the region of interest is generated by a gesture, a voice input, a gaze position, or a touch input corresponding to the user, and the query image generating device is operated by the user. The step of determining whether a region of interest corresponding to a user is located at a target object recited in claim 1 has been considered as a mental process as discussed above with respect to claim 1. Limiting how the region of interest is generated does not affect the mental process of determining whether the region of interest is located at the target object. And the query image generating device being operated by the user also does not change the fact that the claim is being directed to abstract ideas and at most adding a limitation of organizing human activity such that the user operates the query image generating device following the steps recited in claims 1 and 6 as rules/instructions. Therefore, claim 6 does not recite any additional elements that can integrate the abstract ideas into practical application or amount to significantly more.
Therefore, claim 6 is not eligible subject matter under 35 USC 101.
Regarding claim 7, it depends from claim 1 and further recites wherein the operation of controlling the image capturing device to capture the real-time image further comprises the following operations: determining whether the target object belongs to a high-resolution object; and in response to the target object belonging to the high-resolution object, controlling the image capturing device to capture the real-time image in a high-resolution mode. The step of determining whether the target object belongs to a high-resolution object can be considered as a mental process because a person can look at the target object and mentally determine whether it belongs to a high-resolution object. The step of in response to the target object belonging to the high-resolution object, controlling the image capturing device to capture the real-time image in a high-resolution mode can be considered as following rules or instructions in the managing personal behavior or relationships or interactions between people subgroup of the abstract idea group “certain methods of organizing human activity” because controlling the image capturing device to capture the real-time image in a high-resolution mode is following the rule corresponding to the target object belonging to the high-resolution object. Alternatively, if considering this step as additional elements, it can be insignificant extra-solution of mere data gathering (capturing real-time image) or limiting data source type (high-resolution image). Therefore, claim 7 does not recite any additional elements that can integrate the abstract ideas into practical application or amount to significantly more.
Therefore, claim 7 is not eligible subject matter under 35 USC 101.
Regarding claim 8, it depends from claim 7 and further recites wherein the operation of controlling the image capturing device to capture the real-time image further comprises the following operations: in response to the target object not belonging to the high-resolution object, controlling the image capturing device to capture the real-time image in a low-resolution mode. The step of in response to the target object not belonging to the high-resolution object, controlling the image capturing device to capture the real-time image in a low-resolution mode can be considered as following rules or instructions in the managing personal behavior or relationships or interactions between people subgroup of the abstract idea group “certain methods of organizing human activity” because controlling the image capturing device to capture the real-time image in a low-resolution mode is following the rule corresponding to the target object not belonging to the high-resolution object. Alternatively, if considering this step as additional elements, it can be insignificant extra-solution of mere data gathering (capturing real-time image) or limiting data source type (low-resolution image). Therefore, claim 8 does not recite any additional elements that can integrate the abstract ideas into practical application or amount to significantly more.
Therefore, claim 8 is not eligible subject matter under 35 USC 101.
Regarding claim 9, it depends from claim 1 and further recites wherein the processor further performs the following operations: in response to the region of interest not being located at the target object, controlling the image capturing device to capture an environment real-time image, and setting the environment real-time image as the query image. The step of setting the environment real-time image as the query image can be mental process because a person can mentally decide the environment real-time image as the query image. The step of in response to the region of interest not being located at the target object, controlling the image capturing device to capture an environment real-time image can be considered as following rules or instructions in the managing personal behavior or relationships or interactions between people subgroup of the abstract idea group “certain methods of organizing human activity” because controlling the image capturing device to capture an environment real-time image is following the rule setting the action when the region of interest not being located at the target object. Alternatively, if considering this step as additional elements, it can be insignificant extra-solution of mere data gathering (capturing environment real-time image) or limiting data source type (environment real-time image). Therefore, claim 9 does not recite any additional elements that can integrate the abstract ideas into practical application or amount to significantly more.
Therefore, claim 9 is not eligible subject matter under 35 USC 101.
Regarding claim 10, it depends from claim 1 and further recites wherein the operation of setting the real-time image as the query image comprises the following operations: cropping the real-time image based on the region of interest to generate an updated real-time image; and setting the updated real-time image as the query image. The step of setting the updated real-time image as the query image can be mental process because a person can mentally decide the updated real-time image as the query image. The step of cropping the real-time image based on the region of interest to generate an updated real-time image can be considered as additional elements, but insignificant extra-solution of mere data gathering (obtaining an updated real-time image by cropping the real-time image) or limiting data source type (updated real-time image). Therefore, claim 10 does not recite any additional elements that can integrate the abstract ideas into practical application or amount to significantly more.
Therefore, claim 10 is not eligible subject matter under 35 USC 101.
Claims 11-19 respectively recite similar limitations of claims 1-9 but in a method form. Therefore, they respectively recite abstract ideas as discussed above and no additional elements are recited to integrate the abstract ideas into practical applications or amount to significantly more than the abstract ideas. Accordingly, claims 11-19 are not eligible subject matter under 35 USC 101.
Claim 20 recites similar limitations of claim 1 but in a non-transitory computer readable storage medium form. Therefore, the non-transitory computer readable storage medium can be considered as additional elements but generic computer component. Therefore, claim 20 is also directed to abstract ideas as discussed above with respect to claim 1. Accordingly, claim 20 is not eligible subject matter under 35 USC 101.
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 101, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1, the closes prior art references the examiner could find are US Patent Publication No. 20230342388 A1 to Rahman et al., US 20240419721 A1 to Konrad et al., and US Patent Publication No. 20030237097 A1 to Marshall et al., which disclose A query image generating device (Rahman, Abstract, capturing an image and transmitting the image to a visual search engine), comprising: an image capturing device (Rahman, FIG. 4, showing Eye Camera and Scene Camera; see also, Konrad, FIG. 2, world facing camera assembly); and a processor, being electrically connected to the image capturing device (Rahman, FIG. 4, showing On-Board Processing System connected to the cameras; see also, Konrad, FIG. 2, Controller), and being configured to perform the following operations: determining whether a region of interest corresponding to a user is located at a target object among a plurality of candidate objects (Rahman, para. [0029], disclosing eye-gaze tracking that determines where the user is looking to match location of the icon on the display among multiple icons, para. [0038], disclosing tracking movement of the user’s eye and detecting when the user is gazing at a portion of the object; Konrad, para. [0025], disclosing the headset determines a region of interest (ROI) to be a portion of the local area corresponding to the gaze location, the ROI includes an object the user was looking at, para. [0064], disclosing the headset sizes the ROI such that it includes the gaze location and includes the object but does not substantially include other objects); in response to the region of interest being located, determining whether the device belongs to a connected electronic device category (Marshall, para. [0022], disclosing a user selecting a region of interest on the display corresponding to an EPG entry, para. [0023], disclosing locating PVRs or other devices currently communicatively coupled to a searching device); obtaining a display content from the device and setting the display content as a query image (Marshall, para. [0022], disclosing a user selecting a region of interest on the display corresponding to an EPG entry, para. [0023], disclosing searching the broadcast corresponding to the selection withing the network); and controlling the image capturing device to capture a real-time image (Rahman, para. [0032], disclosing capturing a portion of a real world object seen through the optical see-through HMD for purposes of conducting online searches), and setting the real-time image as the query image (Rahman, para. [0032], disclosing capturing a portion of a real world object seen through the optical see-through HMD for purposes of conducting online searches, para. [0039], disclosing capturing a scene and sending to the search module which provides an image of the portion of the object, para. [0040], disclosing data corresponding to the image of the portion is provided to the online visual search engine and search results are transmitted back to the AR device).
However, none of the prior art references on the record, alone or in combination, discloses in response to the region of interest being located at the target object, determining whether the target object belongs to a connected electronic device category; in response to the target object belonging to the connected electronic device category, obtaining a display content from the target object and setting the display content as a query image; and in response to the target object not belonging to the connected electronic device category, controlling the image capturing device to capture a real-time image.
Claims 2-10 depend from claim 1 with respective additional limitations.
Claims 11 and 20 respectively recite similar limitations discussed above with respect to claim 1. Claims 12-19 depend from claim 11 with respective additional limitations.
Therefore, claims 1-20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 101, set forth in this Office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Patent Publication No. 20160275352 A1 to Rajappa et al., which discloses an audiovisual content server to provide content to a user device based on image recognition of objects provided in images.
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/HAIXIA DU/Primary Examiner, Art Unit 2611
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