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 1-24 are pending.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 3-6, 8, 12, 15-18, 20, and 24 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3, 5, 8, 15, 17, 18, 20, and 24 recites the limitation “object or scene of potential interest”. It is unclear what is or is not of potential interest, what could be of potential interest to one person may not be to another person. Therefore, the limitation is deemed indefinite.
Claim 4 and 16 recites the limitation “the application being application was launched”. It is unclear as to the meaning. For examination purposes, “the application being application was launched” will be read as “the application being was launched”.
The term “close proximity” in claim 4, 6, 12, 16, 18, and 24 is a relative term which renders the claim indefinite. The term “close proximity” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
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.
Claim(s) 1-2, 4, 6-14, 16, and 18-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sammon (US 20110280551) in view of Hodge et al. (US 20140132508).
Regarding claim 1, Sammon teaches
A method for detecting that an application launch was initiated as a result of an unintentional user-device interaction, the method comprising:
receiving an indication that the application is launched and one or more media capturing devices on a user device are capturing one or more streams or frames of an area surrounding the user device; (Fig. 3, [0035], “ a user may press a Record button to initiate the data collection” and [0034], “determine whether a captured video or video recording of a scene is unintended. In operation 122, the video recording device 10 captures and records video data for a scene.”)
analyzing the one or more streams from the one or more media capturing devices on the user device, wherein metrics are determined from the analyzed one or more streams; (Figs. 3-4, [0036], “As the scene is recorded, operation 124 analyzes features of the video recording to determine if at least a portion of the video recording is unintended. At 126 it is determined whether at least a portion of the video recording is unintended. If at least a portion of the video recording is determined to be unintended, operation 128 initiates one or more actions.”, [0038-39], “ The processor 12 may analyze video image data for the individual frames of the recorded video to determine if the recorded image is in focus. An unintended video may be out of focus … the processor 12 may perform operation 132 by determining if the image data is "shaky" based on the optical flow gathered from the image data frame analysis. Some video "shake" is normal when recording and capturing a video, but an unintended video recording might contain shaking that exceeds a threshold value. The amount of shaking is determined from the amount of motion or difference between image data of successive video frames. Excessive shaking of the video recording device 10 may be indicative that a user is no longer trying to hold the video recording device 10 steady and therefore that the video recording is unintended.”
determining that the application was launched as the result of the unintentional user-device interaction when the metrics indicate that the one or more of the media capturing devices are experiencing an obstruction; (Figs. 3-4, [0039], “image data for a video recording may be out of focus if an obstruction, such as a user's finger, is directly in front of the lens 18. One way that individual frame focus could be determined is by performing an edge detection filter function on the image data for on a frame of the video.”)
performing a first mitigation operation after determining that the application was launched as the result of the unintentional user-device interaction, wherein the first mitigation operation comprises reducing a power state of the user device to a first power state, and dimming a display of the user device; (Fig. 3 and 5, [0047-48], “Operation 126 may also be used to determine a portion of a video to be unintended. … various actions that may be initiated at operation 128” and [0050], “In one example, the processor 12 may put the video recording device 10 into a standby mode prior to causing the video recording device 10 to power off.”)
the second mitigation operation comprising closing the launched application ([0050], “In one example, the processor 12 may put the video recording device 10 into a standby mode prior to causing the video recording device 10 to power off.”)
Sammon teaches placing the device in a standby mode but does not specifically teach dimming the screen, or using a time period before a mitigation.
Hodge teaches
after initiating the first mitigation operations, monitoring a user interface to identify one or more user interactions indicative of a user intent to launch the application or capture one or more frames using the application; ([0036], ”A user of electronic device 10 may supply input commands using user input interface devices such as button 19 and touch screen 16. Suitable user input interface devices for electronic device 10 include buttons (e.g., alphanumeric keys, power on-off, power-on, power-off, and other specialized buttons, etc.), a touch pad, pointing stick, or other cursor control device, a microphone for supplying voice commands, or any other suitable interface for controlling device 10.”, [0066], “When device 10 detects that the user has looked away from display 16 (e.g., using a gaze detection sensor such as camera 30), device 10 may dim display 16 and enter partial standby mode 72, as illustrated by line 70.” And [0068], “Device 10 may perform gaze detection operations while in mode 72. For example, device 10 may continually capture images using camera 30 at regular intervals and may analyze the captured images using gaze detection software to determine whether the user's gaze has returned to device 10 and display 16” where if a user pushes a button or looks back at the camera is interpreted as a user intent to launch the application or capture one or more frames.)
when a period expires without receiving the one or more user interactions, concluding that the application was launched as the result of the unintentional user-device interaction; and ([0070], “For example, when device 10 is operating in partial standby mode 72 and no user activity is detected for a given period of time (e.g., within a period of time such as one second, two seconds, . . . , ten seconds, twenty seconds, thirty seconds, etc.), device 10 may enter standby mode 76 and turn off display 16.”)
performing a second mitigation operation after concluding that the application was launched as the result of the unintentional user-device interaction, the second mitigation operation comprising closing the launched application, and reducing a power consumption of the user device to a second power state. ([0070], “For example, when device 10 is operating in partial standby mode 72 and no user activity is detected for a given period of time (e.g., within a period of time such as one second, two seconds, . . . , ten seconds, twenty seconds, thirty seconds, etc.), device 10 may enter standby mode 76 and turn off display 16.”)
Sammon and Hodge are analogous art. Hodge is cited to teach a similar concept of reducing power in a system. Hodge teaches both dimming a screen and using a time period before entering into an additional lower power mode. Based on Eyerman, it would have been obvious before the effective filing date of the invention to a person having ordinary skill in the art to which said subject matter pertains to have modified Sammon to dim a screen and wait a time period before entering into an additional lower power mode. Furthermore, being able to dim a screen and wait a time period before entering into an additional lower power mode improves on Sammon by being able to reduce power consumption. To one of ordinary skill in the art before the effective filing data of the invention it would have been advantageous to make this modification because “the power of the single element may be partially or fully reduced to reduce power consumption.”, [0034]
Regarding claim 2, Sammon teaches further comprising: analyzing a signal received from one or more sensors of the user device to identify a presence of an obstruction in the area surrounding the user device. ([0023], “ The proximity sensor 38 is configured to detect the proximity of external objects to the video recording device 10.”, [0043], “Operation 140 involves analyzing the proximity of external objects to the video recording device 10”, and [0039], “image data for a video recording may be out of focus if an obstruction, such as a user's finger, is directly in front of the lens 18.”)
Regarding claim 4, Sammon teaches wherein in addition to analyzing the one or more streams determining that data from a proximity sensor indicates that the user device is in close proximity to an object, which is also indicative of the application being application was launched as a result of an unintentional user-device interaction. ([0039], “image data for a video recording may be out of focus if an obstruction, such as a user's finger, is directly in front of the lens 18.”, [0043], “Operation 140 involves analyzing the proximity of external objects to the video recording device 10. For example, operation 140 may be performed by a capacitive sensor to determine if the camcorder is currently being held in a user's hand. Operation 140 may also be performed by an autofocus sensor or a resistive sensor.” And [0044], “As the analysis operation 124 is being performed on video data and/or audio data, operation 126 determines if at least a portion of the video recording is unintended. Operation 126 may be performed based on one or a combination of the operations used to perform the analysis operation 124. For example, a processor can use operations 132 and 136 together to determine if at least a portion of the video is unintended. In this example, the processor can use operations 132 and 136 contemporaneously to determine, for example, that the video recording device 10 is shaking more than usual and at the same time that the video is dark and unfocused”
Regarding claim 6, Sammon teaches wherein the metrics extracted from the one or more streams includes one or more sensor metrics including: an estimated light intensity noise level, and sensor gain detected in the one or more streams; wherein after determining that the one or more sensor metrics has met a set of criteria, determining that the obstruction is in close proximity to the user device. ([0042], “The video recording device 10 may have auto-exposure features in the video capture unit 14. If the video recording device 10 adjusts its exposure parameters to deal with low light conditions, exposure characteristics such as large aperture setting, long shutter speed, and/or high ISO may be indicative of unintended video recording.” And [0039], “ image data for a video recording may be out of focus if an obstruction, such as a user's finger, is directly in front of the lens 18. One way that individual frame focus could be determined is by performing an edge detection filter function on the image data for on a frame of the video. In another example, the processor 12 may perform operation 132 by analyzing particular key or processor selected frames to determine if the image data for the recorded video is mostly or entirely dark, determined by analyzing the average pixel intensity over the frame.”)
Regarding claim 7, Hodge teaches further comprising: initiating the dimming of the display of the user device in response to the performing of a first mitigation operation; in response to the dimming of the display, detecting a user interaction with the user device, the interaction including one or more of an interaction with a physical button, software button or application icon on the display of the user device; in response to the user interaction, launching the application and exiting the first mitigation operation. (Fig. 5, [0067], “device 10 is in a partial standby mode. In partial standby mode 72, device 10 may dim display 16 to a partial standby brightness level to conserve power and, if desired, may place other components such as processing circuitry, wireless transceiver circuitry, etc. in a standby mode to conserve power.”, [0069], “ Device 10 may switch from partial standby mode 72 to active mode 68 whenever appropriate. For example, when device 10 detects that a user's gaze is directed towards display 16, device 10 may enter an active mode such as mode (e.g., as illustrated by line 75) and may brighten display 16 to the active brightness level. Device 10 may also enter active mode 68 when device 10 detects activity such as user activity received through a button such as button 19 and network activity received through a wired or wireless communications link”)
Regarding claim 8, Sammon teaches wherein receiving an indication that the application is launched includes: determining which of the one or more media capturing devices are active on the user device; receiving data from the active media capturing device about an object or scene of potential interest surrounding the user device. ([0035-36], “The video recording device 10 may record or capture audio and video data from a scene in several ways. A user may interact with user controls 30 to initiate the data collection for a scene. … operation 124 analyzes features of the video recording to determine if at least a portion of the video recording is unintended.”)
Regarding claim 9, Sammon teaches wherein the metrics extracted from the streams include metadata associated with one or more of the media capturing device, and one or more sensors including a proximity sensor, an accelerometer, and a gyroscope. (Fig. 4, [0023], “The orientation sensor 36 is configured to determine the orientation of the video recording device 10. The orientation sensor 36 may be any device capable of detecting orientation. For example, orientation device 36 may be an accelerometer, gyro, tilt sensor, or any inertial sensor, or any combination of these types of sensors. The proximity sensor 38 is configured to detect the proximity of external objects to the video recording device 10. The proximity sensor 38 may be any device capable of detecting proximity such as an autofocus sensor, capacitive sensor or resistive sensor.” And [0041], “The orientation sensor 36 may also comprise gyros or accelerometers the output of which may be used for video stabilization. If the video recording device 10 is determined to be oriented downwards, this may be indicative of an unintended video.”)
Regarding claim 10, Hodge teaches wherein the monitoring of the one or more streams to identify user interactions includes analyzing gestures detected by the media capturing device ([0092], “Device 10 may also be configured to sense user inputs such as multi-touch user inputs and gestures such as swipe gestures and swipe and hold gestures while in mode 94.”)
Sammon teaches
to distinguish between intentional and unintended interactions. ([0015], “Techniques are provided for detecting unintended video recording in a video recording device, such as, but not limited to, a handheld video recording device. One or more features of a video recording are analyzed to determine whether at least a portion of the video recording is unintended. Detecting an unintended video recording may involve any of a variety of techniques including analyzing image data for one or more individual frames of a video recording, analyzing audio features of the video recording”)
Regarding claim 11, Sammon teaches wherein the monitoring of the user interface includes user interactions with a physical button or software button to identify the user intent to launch the application or capture the one or more frames using the application. ([0012], “The user controls 30 comprise one or more physical buttons and/or any combination of non-physical graphical user interface buttons that may be generated by the processor 12 and displayed on the display 28.”)
Regarding claim 12, Sammon teaches further comprising: receiving an indication that a button on the user device is pressed, wherein the button is a physical button or software button configured to initiate the launch of the application; causing an application launching service to initiate launching the application; ([0012], “The user controls 30 comprise one or more physical buttons and/or any combination of non-physical graphical user interface buttons that may be generated by the processor 12 and displayed on the display 28.”)
determining from a proximity sensor whether there is an object in close proximity to the proximity sensor or there is an obstruction that causes an inability to capture one or more images; and (Figs. 3-5, [0039], “image data for a video recording may be out of focus if an obstruction, such as a user's finger, is directly in front of the lens 18. One way that individual frame focus could be determined is by performing an edge detection filter function on the image data for on a frame of the video.” And [0043], “Operation 140 involves analyzing the proximity of external objects to the video recording device 10. For example, operation 140 may be performed by a capacitive sensor to determine if the camcorder is currently being held in a user's hand. Operation 140 may also be performed by an autofocus sensor or a resistive sensor.”)
after determining that the object is in close proximity to the proximity sensor, instructing an application launching service to terminate launching the application. ([0044], “Operation 140 involves analyzing the proximity of external objects to the video recording device 10. For example, operation 140 may be performed by a capacitive sensor to determine if the camcorder is currently being held in a user's hand. Operation 140 may also be performed by an autofocus sensor or a resistive sensor.” And [0049], “Operation 152 stops the capturing or recording of the scene. For example, once operation 126 determines that at least a portion of the video recording is unintended, the processor 12 may cause the video recording device 10 to cease recording the unintended video.”)
As to claims 13 and 22, Sammon and Hodge teach these claims according to the reasoning provided in claim 1.
As to claims 14 and 23, Sammon and Hodge teach these claims according to the reasoning provided in claim 2.
As to claim 16, Sammon and Hodge teach this claim according to the reasoning provided in claim 4.
As to claim 18, Sammon and Hodge teach this claim according to the reasoning provided in claim 6.
As to claim 19, Sammon and Hodge teach this claim according to the reasoning provided in claim 7.
As to claim 20, Sammon and Hodge teach this claim according to the reasoning provided in claim 8.
As to claim 21, Sammon and Hodge teach this claim according to the reasoning provided in claim 11.
As to claim 24, Sammon and Hodge teach this claim according to the reasoning provided in claim 12.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHERI L. HARRINGTON whose telephone number is (571)270-0468. The examiner can normally be reached Generally, M-F, 7:30a-4p.
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/CHERI L HARRINGTON/Examiner, Art Unit 2176 June 25, 2026
/PHIL K NGUYEN/Primary Examiner, Art Unit 2176
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