Detailed Action
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
2. The information disclosure statement (IDS) submitted on 05/09/2025 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
3. 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.
4. Claims 1-6, 8-16, and 19-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Iwabuchi et al. (US 2021/0321036 A1).
5. Regarding claim 1, control device (…Iwabuchi, in [0035], teaches information
processing apparatus 100; Fig. 1…) comprising:
a processor (…wherein [0036] teaches CPU 201; Fig. 2A…) that controls
an imaging apparatus (…wherein [0035] teaches imaging apparatus 101; Fig. 1…)
and
an imaging direction changing device (16) capable of changing an imaging direction of
the imaging apparatus (…wherein [0035] teaches camera platform apparatus 102 fixed to a tripod 103; drive units 104 and 105 drive the camera platform apparatus in pan/tilt directions …), wherein
the processor is configured to:
set a first imaging path, which is an imaging path of a first subject (…wherein [0035]
teaches that processing apparatus 100 controls panoramic image capturing; [0038] further teaches that a width and height of a panoramic image are input as image-capturing conditions (among other information)…),
based on imaging information at discrete positions within the first subject and subject
information related to the first subject (…wherein, in accordance with figures 5A and 5B,
image capturing parameters are determined, including distances relative to an object
plane; [0044] further teaches a range of an imageable object plane for panoramic image
capturing…); and
control imaging of the first subject based on the first imaging path (…wherein [0038]
teaches image capturing based on information defining image-capturing position…).
6. Regarding claim 2, Iwabuchi teaches the control device according to claim 1 (see claim 1 above), wherein
the subject information is a shape of the first subject in a two-dimensional plane (…wherein [0038], teaches object information including height and width, height and width are seen as being indicative, at least in part, of object’s shape…).
7. Regarding claim 3, Iwabuchi teaches the control device according to claim 1 (see claim 1 above), wherein
the imaging information is a control value based on an angle of view of the imaging apparatus for imaging the discrete positions (…wherein [0040] teaches an angle-of-view decision unit for panoramic image capturing having a corresponding resolution based on image-capturing position…).
8. Regarding claim 4, Iwabuchi teaches the control device according to claim 3 (see claim 3 above), wherein
the imaging information includes a control value of the imaging direction changing device for imaging the discrete positions (…wherein [0071] teaches the possibility of setting the range of the panoramic image capturing in the camera platform apparatus by means of a calculated image-capturing angle of view…).
9. Regarding claim 5, Iwabuchi teaches the control device according to claim 3 (see claim 3 above), wherein
the imaging information includes a distance between the first subject and the imaging apparatus for imaging the discrete positions (…wherein, in accordance with figures 5A and 5B, image capturing parameters are determined, including distances relative to an object
plane; [0044] further teaches a range of an imageable object plane for panoramic image
capturing…).
10. Regarding claim 6, Iwabuchi teaches the control device according to claim 3 (see claim 3 above), wherein
the imaging information includes a focus position of the imaging apparatus for imaging the discrete positions (…wherein [0047] teaches a parameter decision unit which brings the object into focus in the panoramic image capturing…).
11. Regarding claim 8, Iwabuchi teaches the control device according to claim 1 (see claim 1 above), wherein
the first imaging path includes
a control value for dividing and imaging the first subject (…wherein [0035] teaches panoramic image capturing including dividing an image-capturing target range into a plurality of areas…).
12. Regarding claim 9, Iwabuchi teaches the control device according to claim 1 (see claim 1 above), wherein
the discrete positions include at least one of:
three adjacent points among a plurality of points in the first subject
(…wherein [0044] teaches item 308 which is a range of an imageable object plane for panoramic image capturing; Fig. 14…).
13. Regarding claim 10, Iwabuchi teaches the control device according to claim 9 (see claim 9 above), wherein
the two points respectively at an end of the first subject are respectively located in an end region of the first subject (…wherein items 308 are at two ends of the imageable object plane…).
14. Regarding claim 11, Iwabuchi teaches the control device according to claim 1 (see claim 1 above), wherein
the discrete positions are calculated based on an analysis result of an image obtained by imaging the first subject (…wherein [0045] teaches the acquiring of information about image-capturing condition including information about the object and positional relationship between the object and the imaging apparatus and necessary resolution…).
15. Regarding claim 12, Iwabuchi teaches the control device according to claim 1 (see claim 1 above), wherein
the processor is configured to:
acquire difference information between a first position within the first subject and a second position within a second subject (…wherein Iwabuchi, in [0079], teaches additional image capturing by performing a “shift” of image capturing position; as such [0076] specifies that such matter can be performed with regards to a huge structure, therefore different parts of the huge structure can be viewed as different objects able to be brought into the angle of view of an image capturing device…);
set a second imaging path, which is an imaging path of the second subject, based on the first imaging path and the difference information (…in accordance the specification in [0076], a second image capturing position for the second and subsequent image capturing is presented; and
control imaging of the second subject based on the second imaging path (…wherein [0076-0079] teach image capturing with regards to image capturing position for each time an additional image capturing is performed…).
16. Regarding claim 13, Iwabuchi teaches the control device according to claim 12 (see claim 12 above), wherein
the first position is a position of a region of the first subject close to the imaging apparatus (…wherein [0076] teaches the calculation of image capturing parameter and corresponding angle of view for a panoramic image capturing based on conditions; this is viewed as a condition in which a first subject is determined by a user; wherein the term “close” is viewed as being conditional…), and
the second position is a position of a region of the second subject close to the imaging apparatus (…wherein [0076] teaches another image capturing position with a secondary initial state of image capturing position, thus panoramic image capturing is performed a plurality of times; this is viewed as a condition in which a second subject is determined by a user; wherein the term “close” is viewed as being conditional…).
17. Regarding claim 14, Iwabuchi teaches the control device according to claim 12 (see claim 12 above), wherein
the first subject is a subject closer to the imaging apparatus that the second subject (…Iwabuchi teaches additional image capturing in [0076-0079]; image capturing position with regards to the initial state of a first panoramic image capturing and a secondary initial state for a subsequent panoramic image capturing is taught as being useful in the case wherein the secondary panoramic image capturing is useful in a case where a further distance is incorporated to be captured by the second panoramic image capturing; this is viewed as meeting a condition wherein a first subject is within the angle of view of the first panoramic image capturing and a second subject is within the angle of view of the second panoramic image capturing…).
18. Regarding claim 15, Iwabuchi teaches the control device according to claim 12 (see claim 12 above), wherein
the processor is configured to:
calculate, in a case where the imaging in the second imaging path is determined to be impossible within a movable range of the imaging direction changing device, an installation position of the imaging direction changing device at which the imaging in the second imaging path is possible within the movable range of the imaging direction changing device; and
output the installation position (…wherein [0089] teaches image-capturing position as a position designated by the user to install the panoramic image capturing system, the system is able to further propose another more realistic image capturing position with regards to the position of installation…).
19. Regarding claim 16, Iwabuchi teaches the control device according to claim 12 (see claim 12 above), wherein
the processor is configured to:
generate a composite image by combining a plurality of captured images of the first subject obtained by performing imaging in the first imaging path by the imaging apparatus and a plurality of captured images of the second subject obtained by performing imaging in the second imaging path by the imaging apparatus (…wherein [0076-0079] teach the performance of a plurality of panoramic image capturing (additional image capturing to generate an image), and
output the composite image to a display device (…wherein [0086], in accordance with Fig. 14, teaches additional image capturing being visualized on an area 304 (display device)…), wherein
the composite image, in which one of the first subject and the second subject closer to the imaging apparatus is seen in front of other of the first subject and the second subject farther from the imaging apparatus, is generated based on distance information between the first subject and the imaging apparatus and distance information between the second subject and the imaging apparatus (…wherein [0081], in accordance with Fig. 13, teaches a decision unit 1001 which calculates the amount of shifts to be performed in a case when additional image capturing is performed. The distance of the object in each panoramic image capturing is calculated as described in [0054] in accordance with Fig. 7A…).
20. Regarding claim 19, Iwabuchi teaches the control device according to claim 1 (see claim 1 above), wherein
the processor is configured to
store information related to an imaging angle of the first subject based on the first imaging path in a storage device in association with the first subject (…wherein [0063] teaches step S 513 in which an angle-of-view decision unit 213 temporarily stores a provisional panoramic image capturing angel of view…).
21. Regarding claim 20, Iwabuchi teaches the control device according to claim 1 (see claim
1 above), wherein
the processor is configured to:
generate a composite image obtained by combining each of captured images obtained
by performing imaging in the first imaging path by the imaging apparatus, and output the composite image to a display device (…wherein, in accordance with Fig. 14, Iwabuchi teaches image capturing displayed in area 304 comprising image capturing ranges which are combined…);
receive designation of a position within the composite image (…wherein image
capturing positions are also visualized as items 1401…); and
output a captured image corresponding to the designated position among the captured
images to the display device (…wherein Fig. 14 corresponds to a captured image that is displayed in area 304 with corresponding image capturing positions…).
22. Regarding claim 21, Iwabuchi teaches the control device according to claim 1 (see claim 1 above), wherein
the processor is configured to
store information related to a plurality of times of imaging of the first subject controlled in a state where the imaging apparatus is installed at different locations in a storage device in association with the first subject (…wherein Iwabuchi, in [0092], teaches based on initial image capturing position, one or more image capturing positions are determined with respective image capturing ranges. Further, as taught in [0098], an area decision unit stores image-capturing range decided based on the initial image capturing position in a RAM…).
23. Regarding claim 22, Iwabuchi teaches the control device according to claim 1 (see claim
1 above), wherein
the first subject is a linear structure that does not fit entirely within a set angle of view
(…wherein Iwabuchi, in [0086] with respect to Fig. 14, teaches an image capturing target structure comprising an angle of view of item 1401. As such, it is evident that the target structure does not fit one angle of view alone…).
24. Regarding claim 23, claim 23 is rejected for reasons related to claim 1.
25. Regarding claim 24, claim 24 is rejected for reasons related to claim 1.
26. Regarding claim 25, A non-transitory computer readable medium storing a control program of a control device (…Iwabuchi, in [0036], teaches ROM 202 which stores a control program executed by a CPU working with a communication module 206; Fig. 2A…) that
controls an imaging apparatus and an imaging direction changing device capable of changing an imaging direction of the imaging apparatus (…[0036] teaches communication module 206 in an electronic working relationship with imaging apparatus 101 and a camera platform apparatus 102 (wherein [0071] teaches that panoramic image capturing angle of views can automatically be set in the camera platform apparatus)…),
the program causing a processor of the control device to execute a process comprising:
setting a first imaging path, which is an imaging path of a first subject (…wherein [0035]
teaches that processing apparatus 100 controls panoramic image capturing; [0038] teaches that a width and height of a panoramic image are input as image-capturing conditions (among other information); [0044] further teaches a range of an imageable “object-plane” (first subject) for panoramic image capturing …), based on imaging information at discrete positions within the first subject and subject information related to the first subject (…wherein, in accordance with figures 5A and 5B, image capturing parameters are determined, including distances relative to an object plane; [0044] further teaches a range of an imageable object plane for panoramic image capturing…); and
controlling imaging of the first subject based on the first imaging path (…wherein [0038]
teaches image capturing based on information defining image-capturing position…).
Claim Rejections - 35 USC § 103
27. 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.
28. Claims 7 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Iwabuchi et al. (US 2021/0321036 A1) in view of Mori et al. (US 2020/0228724 A1).
29. Regarding claim 7, Iwabuchi teaches the control device according to claim 6 (see claim 6 above), wherein
the processor is configured to acquire the focus position of the imaging apparatus by causing the imaging apparatus to execute distance measurement (…wherein Iwabuchi teaches a parameter decision unit 211 for determining an object to be in focus based on a difference distance measurement of object…).
Iwabuchi doesn’t further teach the imaging apparatus including
a zoom lens (…however, Mori teaches an imaging device including a zoom lens 82, in [0056]; Fig. 4…) wherein a state where the zoom lens is set to a telephoto region (…wherein [0007] teaches focus lens positioning according to a focal length acquired by an acquisition unit on the basis of zoom tracking information. Further, [0097], in accordance with Fig. 10, gives an example of a relationship between focus lens and focal length (WIDE-TELE) with regards to a zoom tracking curve.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that a zoom tracking control which changes the focal length from Wide to Tele allows an easier deviation from a focus position thus control to change zoom tracking curve relative to an appropriate zoom tracking operation according to a focus state can be performed (as taught in [0097-0098])…).
30. Regarding claim 17, Iwabuchi teaches the control device according to claim 1 (see claim
1 above), wherein
the first imaging path includes information on an imaging distance (…wherein Iwabuchi
teaches a parameter decision unit 211 for determining an object to be in focus based on
a difference distance measurement of object…).
Iwabuchi doesn’t further teach
the imaging apparatus includes a zoom lens (…however, Mori teaches an imaging
device including a zoom lens 82, in [0056]; Fig. 4…), and
the processor is configured
to change a zoom amount of the zoom lens in accordance with the imaging distance in
control of the imaging of the first subject based on the first imaging path (…wherein Mori, in [0021], teaches the changing of focus lens according to a focal length on the basis of zoom tracking information (seen as a variable that changes) according to a subject distance.
Therefore, it would have been obvious to one of ordinary skill in the art, before the
effective filing date of the claimed invention, that zooming operation, as taught by Mori, can be performed in accordance the distance of a subject thereby permitting the ability to focus and track subject(s) at different distances…).
31. Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Iwabuchi et al. (US 2021/0321036 A1) in view Mori et al. (US 2020/0228724 A1) and further view of Endo (US 2014/0232907 A1).
32. Regarding claim 18, Iwabuchi in view of Mori teaches the control device according
to claim 17 (see claim 17 above).
Iwabuchi, in [0038-0040], teaches resolution that meets the necessity to estimate
deformation size in structure inspection work wherein image capturing angle becomes part of the determination for a proper resolution in panoramic image capturing. [0039] teaches image-capturing parameter (combination of a focal distance and aperture value (F-number)) setting to obtain a panoramic image having a resolution (as necessary) based on image-capturing position. Thus, Iwabuchi is implicit in relating zooming function (focal distance) to a proper resolution.
Nevertheless, neither Iwabuchi nor Mori explicitly teach
the zoom amount is an amount corresponding to a set resolution (…however, Endo
teaches an image sensing apparatus wherein a weighted combining is performed when a
zooming function is within an “electronic-zoom application scaling range” by combining
super-resolution image data and image data which has not undergone super-resolution
processing; wherein the higher the zoom magnification, the greater the weight assigned
to a super-resolution image data (see [0017-0018].
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention, that the weighted combining, as taught by
Endo, allows to generate weighted and combined image data in which a ratio of image
data which has not undergone super-resolution processing gradually increases as zoom
magnification rises…).
Conclusion
33. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SURAFEL YILMAKASSAYE whose telephone number is (703)756-1910. The examiner can normally be reached Monday-Friday 8:30am-5:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TWYLER HASKINS can be reached at (571)272-7406. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SURAFEL YILMAKASSAYE/Examiner, Art Unit 2639
/TWYLER L HASKINS/Supervisory Patent Examiner, Art Unit 2639
Prosecution Insights