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 .
Foreign Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/14/25 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
3.) Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Use of the word “means” (or “step for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “synchronization setting means”, “current time generation means”, “sequence number time setting means”, “trigger sequence number transmission means”, “synchronization signal reception means”, “frame association means”, “an image frame setting unit”, “sequence number time reception means”, trigger sequence number reception means”, in claims 1-29.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim limitations “synchronization setting means”, “current time generation means”, “synchronization signal reception means”, “frame association means”, “an image frame setting unit”, “sequence number time setting means”, “trigger sequence number transmission means”, “sequence number time reception means”, trigger sequence number reception means”, has/have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “synchronization setting means”, “current time generation means”, “synchronization signal reception means”, “frame association means”, “an image frame setting unit”, “sequence number time setting means”, “trigger sequence number transmission means”, “sequence number time reception means”, trigger sequence number reception means”, coupled with functional language “for setting a synchronization signal”, “for synchronizing, on the basis of a current time signal”, “for receiving the synchronization signal”, “for associating the synchronization signal”, “calculates an event frame”, “for setting (generating) a sequence number matching time”, “for generating and transmitting a trigger sequence number”, “for receiving the sequence number mating time”, “for receiving the trigger sequence number”, without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim(s) 1-29 has/have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
Support for the structure that performs the functions of “sequence number time setting means”, “trigger sequence number transmission means”, are shown as being implemented by a processor and a memory that stores a program which is used by the processor to execute the claimed functions along with the algorithm shown in Figure 17 and the corresponding descriptions in the specification (Paragraphs 0022, 0059, 0187; Figure 1 and 17 of the publication to the instant application).
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
4.) Claim(s) 1 is/are rejected under 35 U.S.C. 102 (a1) (a2) as being anticipated by Nakamura et al. (JP 2021184540A) [See Translation provided by Applicant].
With regard to Claim 1, Nakamura et al. disclose a synchronous camera apparatus comprising a plurality of high-speed cameras (A motion capture camera system includes a first camera set consisting of a plurality of first video cameras, and a second camera set consisting of a plurality of high-speed cameras, and further includes a synchronization control unit that synchronizes shooting timing of the video camera and the high-speed camera, and the video camera captures the motion of a target and acquires the video data, and the high-speed camera captures an event that occurs in connection with the motion of the target and acquires video data, and the video data acquired by the second camera is synchronized with the video data acquired by the first camera, Overview and Claim 1 of Nakamura et al.), the synchronous camera apparatus comprising:
a plurality of high-speed cameras each including an imager unit that images a target video image by sequentially performing an exposure at a set exposure timing (A first synchronization signal and a second synchronization signal for synchronizing the first camera and the second camera are generated, the first synchronization signal is output to the first camera, and the second synchronization signal is output to the second camera, thereby synchronizing the first camera and the second camera, Paragraphs 0010, 0017, 0023, 0025; Figure 3), a video recording memory (Stored in a memory, Paragraph 0025; Figure 3), a video recording unit (Moving image data is stored, Paragraph 0025; Figure 3) that video-records a predetermined image imaged by the imager unit as a predetermined image frame of digital data in the video recording memory by input of a trigger signal (The trigger signal generation unit outputs a trigger signal (trigger pulse) to the high-speed camera in synchronization with a synchronization signal for the video camera. When an external trigger signal input is detected at an arbitrary timing, the trigger signal generation un it generates a trigger signal so as to coincide with a rising edge or a falling edge of a first synchronization signal for the video camera, and outputs the trigger signal to the high-speed camera. The microcontroller unit (MCU) records a trigger frame (a frame including a trigger signal). The frame number of the video camera coinciding with the exposure timing by the trigger frame is recorded as the trigger frame of the video camera, Paragraph 0050), and a system control unit that has a timer (Timing control where it is necessary to record, as a trigger frame, Which frame corresponds to two pieces of synchronously captured image data, Paragraph 0046) and performs various types of calculations (The video camera has already started measurement, and measurement is continued thereafter. In the simultaneous measurement time zone, the video camera and the high-speed camera are completely synchronized with each other. That is, a synchronization signal is generated so that an integral multiple of the period of the high-speed camera becomes the period of the video camera, and a trigger signal is generated so that the shutter time of the video camera and the shutter time of the high-speed camera coincide with each other, thereby controlling the camera group. To match recording timings of a high-speed camera and a video camera by a trigger frame, Paragraphs 0046-0047); and
synchronization signal setting means for setting a synchronization signal in each of the high-speed cameras and transmitting the set synchronization signal to each of the high-speed cameras, wherein the system control unit in each of the high-speed cameras includes camera synchronization means (Synchronization control unit, Paragraph 0048), and
the camera synchronization means includes
current time generation means for synchronizing (Timing control, Paragraphs 0046-0048), on the basis of a current time signal transmitted at a regular timing from the outside (The exposure timing of the image sensor is determined by the timing of opening an electronic shutter incorporated in the image sensor, and in the video camera and the high-speed camera used in the camera system of the present embodiment, the timing of opening the shutter can be controlled by an external pulse signal, Paragraph 0045. The synchronization signal generation unit generates a first synchronization signal for the video camera and a second synchronization signal for the high-speed camera in response to input of an external synchronization signal and a clock, outputs the first synchronization signal to each video camera, and outputs the second synchronization signal to each high-speed camera, Paragraph 0049), the timer with the current time signal to generate a current time and determining the exposure timing on the basis of the current time (Control the timing of opening the shutter, Paragraph 0045),
synchronization signal reception means for receiving the synchronization signal from the synchronization signal setting means (Control the timing of opening the shutter, Paragraph 0045. The synchronization signal generation unit generates a first synchronization signal for the video camera and a second synchronization signal for the high-speed camera, outputs the first synchronization signal to each video camera, and outputs the second synchronization signal to each high-speed camera, Paragraph 0048), and
frame association means for associating the synchronization signal received by the synchronization signal reception means with the predetermined image frame sequentially video-recorded (When the trigger signal is output from the synchronization control unit to the high-speed camera, the high-speed camera acquires moving image data for a predetermined time before and after the trigger signal in response to the input of the trigger signal, Paragraph 0047; Figure 6).
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.
5.) Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura et al. (JP 2021184540A) [See Translation provided by Applicant] as applied to claim 1 above, and further in view of Tseng et al. (US Pub No.: 2024/137662A1).
Regarding Claim 15, Nakamura et al. do not explicitly disclose the synchronous camera apparatus comprising the plurality of high-speed cameras according to claim 1, wherein the current time signals are respectively acquired from wireless time synchronization devices connected to the high-speed cameras via electrical signal cables without electronic devices being interposed thereamong and configured to be wirelessly synchronized with one another. Tseng et al. disclose synchronous camera apparatus comprising the plurality of high-speed cameras according to claim 1, wherein the current time signals are respectively acquired from wireless time synchronization devices connected to the high-speed cameras via electrical signal cables without electronic devices being interposed thereamong and configured to be wirelessly synchronized with one another,
(Tseng et al. teach of an image synchronization method for multiple cameras, comprising the following steps: receiving a first video of a first camera and a second video of a second camera; capturing a first object in the first video and a second object in the second video; determining whether the first object is the same as the second object; if yes, transferring a first coordinate of the first object and a second coordinate of the second object to a uniform coordinate; regulating a timing sequence of the second video to calculate a plurality of multi-object tracking accuracy values for the second video and the first video and identifying a maximum multi-object tracking accuracy value; generating a time compensation value according to a time different corresponding to the maximum multi-object tracking accuracy value and synchronizing the first camera and the second camera according to the time compensation, Abstract; Paragraph 0050; Figures 1 and 7 of Tseng et al..
Tseng et al. teach that the image synchronization system for multiple cameras 1 comprises a first camera 11, a second camera 12, and a processor 13. The processor 13 is connected to the first camera 11 and the second camera 12 with a wireless technology or a wire technology and performs steps S10 to S16, Paragraphs 0022-0025; Figures 1 and 7 of Tseng et al.. It would have been obvious and well-known to one of ordinary skill in the art before the effective filing date of the claimed invention to enable the synchronous camera apparatus comprising the plurality of high-speed cameras in the teachings of Nakamura et al. to have the current time signals be respectively acquired from wireless time synchronization devices connected to the high-speed cameras via electrical signal cables without electronic devices being interposed thereamong and configured to be wirelessly synchronized with one another because this allows the benefit of the cameras to be moved around a greater distance and to different locations).
6.) Allowable Subject Matter
Claims 2-14 and 16-29 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PRITHAM DAVID PRABHAKHER whose telephone number is (571)270-1128. The examiner can normally be reached Monday to Friday 8:00 am to 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lin Ye can be reached at 5712727372. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Pritham David Prabhakher
Patent Examiner
Pritham.Prabhakher@uspto.gov
/PRITHAM D PRABHAKHER/Primary Examiner, Art Unit 2638
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