DETAILED ACTION
This Office Action is in response to the application filed on 06/08/2026, wherein claims 1-9 have been examined and are pending.
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 .
Response to Amendment/ Argument
Applicant's arguments with respect to claims 1 and 8-9, filed on 06/08/2026, have been considered but are not persuasive. Kato discloses the limitations of claims 1 and 8-9 as discussed below.
Regarding claims 1 and 8-9, Applicant argues that Kato does not discloses the limitation capture, by an image sensor of the image capture apparatus, a first image of an external display apparatus displaying an image based on data for detecting a position and orientation of the image capture apparatus; and capture, by the image sensor, a second image, of which background is the external display apparatus displaying a third image at a different timing of displaying the data that is generated in accordance with the position and orientation of the image capture apparatus detected based on data of the first image as cited in claims 1 and 8-9. However, Kato discloses the tracking camera 300 is integrated with the imaging camera 200, hence they can be considered as a camera. Moreover, Kato [0041]-[0043], [0048] discloses camera 200 images video of a scene including performer 2 and display device 100B displaying background images which are dynamically controlled to follow the viewpoint movement of the imaging camera 200, so the camera 200 captures images of different background images that are dynamically controlled and changed to follow the camera 200. Hence, the moved background images displayed on the display device 100B, that is also captured by the camera 200 as second image, can also be considered third image displayed at a different timing with the displayed and captured background image before being controlled to follow the viewpoint movement of the camera. Therefore, Kato still discloses those limitations of claims 1 and 8-9.
Since Kato still discloses limitations of claims 1 and 8-9, the Double Patenting rejection of the claims is still maintained as set forth in previous Office Action.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 and 10-11, respectively, of U.S. Patent No. 12,266,133 in view of Kato et al. (U.S. 2024/0420366) hereinafter Kato.
Current application 19/076,470
U.S. Patent No. 12,266,133
Claim 1
An image capture apparatus comprising:
one or more processors that execute a program stored in a memory and thereby function as a controller that controls operation of the image capture apparatus, wherein the controller controls the image capture apparatus so as to execute:
capture, by an image sensor of the image capture apparatus, a first image of an external display apparatus displaying an image based on data for detecting a position and orientation of the image capture apparatus; and
capture, by the image sensor, a second image, of which background is the external display apparatus displaying a third image at a different timing of displaying the data that is generated in accordance with the position and orientation of the image capture apparatus detected based on data of the first image.
Claim 2
The image capture apparatus according to claim 1, wherein the first image and the second image are captured according to control by an external device different from the external display apparatus.
Claim 3
The image capture apparatus according to claim 2, wherein the controller further controls the image capture apparatus so as to execute: detect the position and orientation of the image capture apparatus based on the first image and a plurality of three-dimensional positions of the external display apparatus; and output, to the external device, information on the position and orientation detected.
Claim 4
The image capture apparatus according to claim 3, wherein the plurality of three-dimensional positions are supplied from the external device.
Claim 5
The image capture apparatus according to claim 2, wherein the controller further controls the image capture apparatus so as to execute: output, for the external device to detect the position and orientation of the image capture apparatus, the first image.
Claim 6
The image capture apparatus according to claim 1, wherein the image capture apparatus captures a part of a display screen of the external display apparatus, and the image based on the data is an image that enables the image capture apparatus to identify which part of the display screen has been captured by the image capture apparatus from the first image.
Claim 7
The image capture apparatus according to claim 1, wherein the third image is computer graphics (CG) representing a virtual space observed from the image capture apparatus.
Claim 8
A control method executed by an image capture apparatus, the control method comprising:
capturing, by an image sensor of the image capture apparatus, a first image of an external display apparatus displaying an image based on data for detecting a position and orientation of the image capture apparatus; and
capturing, by the image sensor, a second image, of which background is the external display apparatus displaying a third image at a different timing of displaying the data that is generated in accordance with the position and orientation of the image capture apparatus detected based on the first image.
Claim 9
A non-transitory computer-readable medium storing one or more programs including executable instructions for causing a computer of an image capture apparatus to execute:
capturing, by an image sensor of the image capture apparatus, a first image of an external display apparatus displaying an image based on data for detecting a position and orientation of the image capture apparatus; and
capturing, by the image sensor, a second image, of which background is the external display apparatus displaying a third image at a different timing of displaying the data that is generated in accordance with the position and orientation of the image capture apparatus detected based on the first image.
Claim 1
An image capture apparatus comprising:
one or more processors that execute a program stored in a memory and thereby function as a controller that controls operation of the image capture apparatus, wherein the controller controls the image capture apparatus so as to repeatedly execute (1) to (3):
(1) output, to an external, data for detecting a position and orientation of the image capture apparatus;
(2) capture a first image of an external display apparatus displaying an image based on the data; and
(3) capture, a second image, of which background is the external display apparatus displaying a third image that is generated in accordance with the position and orientation of the image capture apparatus detected based on the first image, and
wherein the controller controls the image capture apparatus such that frequencies of (1) and (2) to be lower when a magnitude of motion of the image capture apparatus is less than a threshold than when the magnitude is greater than or equal to the threshold.
Claim 2
The image capture apparatus according to claim 1, wherein the first image and the second image are captured according to control by an external device different from the external display apparatus.
Claim 3
The image capture apparatus according to claim 2, wherein the controller further controls the image capture apparatus so as to execute: detect the position and orientation of the image capture apparatus based on the first image and a plurality of three-dimensional positions of the external display apparatus; and output, to the external device, information on the position and orientation detected.
Claim 4
The image capture apparatus according to claim 3, wherein the plurality of three-dimensional positions are supplied from the external device.
Claim 5
The image capture apparatus according to claim 2, wherein the controller further controls the image capture apparatus so as to execute: output, for the external device to detect the position and orientation of the image capture apparatus, the first image.
Claim 6
The image capture apparatus according to claim 1, wherein the image capture apparatus captures a part of a display screen of the external display apparatus, and the image based on the data is an image that enables the image capture apparatus to identify which part of the display screen has been captured by the image capture apparatus from the first image.
Claim 7
The image capture apparatus according to claim 1, wherein the third image is computer graphics (CG) representing a virtual space observed from the image capture apparatus.
Claim 10
A control method executed by an image capture apparatus, the control method comprising:
(1) output, to an external, data for detecting a position and orientation of the image capture apparatus;
(2) capture a first image of an external display apparatus displaying an image based on the data; and
(3) capture, a second image, of which background is the external display apparatus displaying a third image that is generated in accordance with the position and orientation of the image capture apparatus detected based on the first image, and
wherein the controller controls the image capture apparatus such that frequencies of (1) and (2) to be lower when a magnitude of motion of the image capture apparatus is less than a threshold than when the magnitude is greater than or equal to the threshold.
Claim 11
A non-transitory computer-readable medium storing one or more programs including executable instructions for causing a computer of an image capture apparatus to perform operations comprising repeatedly execute:
(1) output, to an external, data for detecting a position and orientation of the image capture apparatus;
(2) capture a first image of an external display apparatus displaying an image based on the data; and
(3) capture, a second image, of which background is the external display apparatus displaying a third image that is generated in accordance with the position and orientation of the image capture apparatus detected based on the first image, and
wherein the controller controls the image capture apparatus such that frequencies of (1) and (2) to be lower when a magnitude of motion of the image capture apparatus is less than a threshold than when the magnitude is greater than or equal to the threshold.
Claims 1 and 10-11 of U.S. Patent No. 12,266,133 does not explicitly disclose the external display apparatus displaying a third image at a different timing of displaying the data that is generated in accordance with the position and orientation of the image capture apparatus detected based on data of the first image as cited in claims 1 and 8-9 of current application.
However, Kato discloses capture, by the image sensor, a second image, of which background is the external display apparatus displaying a third image at a different timing of displaying the data that is generated in accordance with the position and orientation of the image capture apparatus detected based on data of the first image (Kato Figs. 4 and 7, [0081]: controlling the marker 110 to not be displayed as in step S107 for an image, or to be displayed as in step S108; Fig. 5, [0085]-[0089]: switching the display of the marker 110 and the display of image of a background of a scene for each frame time-divided in the display device 100. In a predetermined frame, the marker 110 is displayed on the display device 100 for image capturing as in step S205, i.e. capture first image. Subsequently, in the next frame, the marker 110 is not displayed on the display device 100 and the display device 100 displays background image for capturing by the camera as in step S210 and repeats those steps in next frames. Hence, capture second image displaying a third image, i.e. background image, at a different timing of displaying the data that is generated in accordance with the position and orientation of the camera).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the system and method, as disclosed by U.S. Patent No. 12,266,133, and further incorporate having the external display apparatus displaying a third image at a different timing of displaying the data that is generated in accordance with the position and orientation of the image capture apparatus detected based on data of the first image, as taught by Kato, to improve information processing with easier estimation of the position of posture of imaging camera (Kato [0008], [0050]).
Claim Rejections - 35 USC § 102
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.
1. Claims 1-2, 5 and 7-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kato et al. (U.S. 2024/0420366) hereinafter Kato.
Regarding claims 1 and 8-9, Kato discloses an image capture apparatus comprising, a control method executed by an image capture apparatus, the control method comprising, and a non-transitory computer-readable medium storing one or more programs including executable instructions for causing a computer of an image capture apparatus to execute:
one or more processors that execute a program stored in a memory and thereby function as a controller that controls operation of the image capture apparatus, wherein the controller controls the image capture apparatus so as to execute (Kato Figs. 1-2, [0038], [0110]-[0112]: system 1 having imaging camera 200, display devices 100A, 100B and information processing apparatus 400 which is a computer device 900 including CPU and memory to control the operations and camera):
capture, by an image sensor of the image capture apparatus, a first image of an external display apparatus displaying an image based on data for detecting a position and orientation of the image capture apparatus; and capture, by the image sensor, a second image, of which background is the external display apparatus displaying a third image at a different timing of displaying the data that is generated in accordance with the position and orientation of the image capture apparatus detected based on data of the first image (Kato Figs. 1, 4 and 7, [0044]-[0048], [0056], [0081], [0072], [0074]: a plurality of markers 110 are provided on display surface of display device 100B on which background image following the viewpoint movement of the imaging camera 200 is displayed. Imaging camera 200 has tracking camera that can detect the marker 110 for the information processing apparatus 400 to estimate the position and the posture of the camera on the basis of the three-dimensional and two-dimensional position of the marker 110 captured by the camera and move the background image displayed on the display device 100 following the detected position and posture of the imaging camera. Hence, camera captures first image of external display 100B displaying an image based on data for detecting position and orientation of the camera; Figs. 4 and 7, [0081]: controlling the marker 110 to not be displayed as in step S107 for an image, or to be displayed as in step S108; Fig. 5, [0085]-[0089]: switching the display of the marker 110 and the display of image of a background of a scene for each frame time-divided in the display device 100. In a predetermined frame, the marker 110 is displayed on the display device 100 for image capturing as in step S205, i.e. capture first image. Subsequently, in the next frame, the marker 110 is not displayed on the display device 100 and the display device 100 displays background image for capturing by the camera as in step S210 and repeats those steps in next frames; [0041]-[0043], [0048]: camera 200 images video of a scene including performer 2 and display device 100B displaying background images which are dynamically controlled to follow the viewpoint movement of the imaging camera 200, so the camera 200 captures images of different background images that are dynamically controlled and changed to follow the camera 200. Hence, the moved background images displayed on the display device 100B, that is also captured by the camera 200 as second image, can also be considered third image displayed at a different timing with the background image before being controlled to follow the viewpoint movement of the camera).
Regarding claim 2, Kato discloses all the limitations of claim 1.
Kato further discloses wherein the first image and the second image are captured according to control by an external device different from the external display apparatus (Kato Figs. 1-3, [0110]-[0119]: information processing device 400 is an external computer device 900 which is a control device and is different from the display device 100).
Regarding claim 5, Kato discloses all the limitations of claim 2.
Kato further discloses wherein the controller further controls the image capture apparatus so as to execute: output, for the external device to detect the position and orientation of the image capture apparatus, the first image (Kato [0056]-[0059]: information processing device 400 has a maker extraction unit 410 that extracts the markers from the captured images captured by the camera, i.e. first image. Hence, the first image is outputted to the external device 400; [0033]: the position estimation unit 430 of the processing device 400 estimate the position and orientation of the camera based on positions of the markers 110).
Regarding claim 7, Kato discloses all the limitations of claim 1.
Kato further discloses wherein the third image is computer graphics (CG) representing a virtual space observed from the image capture apparatus (Kato [0039], [0058]-[0061], [0072], [0074], [0080], [0083], [0085]: the background image is computer graphics displayed as virtual space observed from the camera viewpoint corresponding to position and posture of the imaging camera as also in [0062]).
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 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under AIA 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 3-4 and 6 are rejected under AIA 35 U.S.C. 103 as being unpatentable Kato et al. (U.S. 2024/0420366) hereinafter Kato, in view of Clemens et al. (U.S. 11,375,179) hereinafter Clemens.
Regarding claim 3, Kato discloses all the limitations of claim 2.
Kato further discloses wherein the controller further controls to: detect the position and orientation of the image capture apparatus based the first image and a plurality of three-dimensional positions of the external display apparatus; and output, to the external device, information on the position and orientation detected (Kato [0047], [0055]-[0058], [0078]-[0080]: three-dimensional positions of the markers on the display, hence three-dimension positions of the display, are detected in captured image and are used to determine position and orientation of the camera; [0113], [0118]: the computer 900 as image processing system includes output device to output information acquired by the computer device 900 to external devices such as a display, speaker, projectors… wherein the information acquired including detected position and orientation).
Kato does not explicitly disclose the controller further controls the image capture apparatus to perform the limitations as in claim 3.
However, Clemens discloses the image capture apparatus having an image processing system to process second image and detect the position and orientation of display relative to camera based on the first image and a plurality of three-dimensional positions of the external display apparatus; and output, to the external device, information on the position and orientation detected (Clemens Figs. 4-6, Col. 13, lines 22-28: capture images having markers on the display device 420 to determine the frame and image pixels according to the detected markers; Col. 2, lines 1-17 and lines 42-54, Col. 19, lines, 47-67, Col. 20, lines 1-7: capturing a second image that includes a display displaying a first image. Image processing system processes the image and determines a portion of the second image that corresponds to the portion of the first image being displayed using the captured markers, hence first image, so identify which part of the display screen has been captured by the camera in the second image; Col. 12, lines 34-39: the image processing system 450 can be a component of the first capturing device 430 or the second capturing device 440. Each device can include a version of the image processing system 450 to process images. So the image capture apparatus can detect position of object based on second image; the processing system can receive signal regarding location and orientation of the display and camera)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the system and method, as disclosed by Kato, and further incorporate having the image processing system of Kato is a component of the image capture apparatus, as taught by Clemens, to identify specific anomalies with improvement (Clemens Col. 8, lines 25-35, Col. 9, lines 15-20, Col. 1, lines 64-67).
Regarding claim 4, Kato and Clemens disclose all the limitations of claim 3.
Kato further discloses wherein the plurality of three-dimensional positions are supplied from the external device ([0055]: acquire three-dimensional positions of the markers from a storage unit or display device).
Regarding claim 6, Kato discloses all the limitations of claim 1.
Kato further discloses wherein the image capture apparatus captures a part of a display screen of the external display apparatus (Kato Figs. 1 and 7, [0022]).
Clemens discloses the image capture apparatus captures a part of a display screen of the external display apparatus; the image based on the data is an image that enables the image capture apparatus to identify which part of the display screen has been captured by the image capture apparatus from the first image (Clemens Figs. 4-6, Col. 13, lines 22-28: capture images having markers on the display device 420 to determine the frame and image pixels according to the detected markers; Col. 2, lines 1-17 and lines 42-54, Col. 19, lines, 47-67, Col. 20, lines 1-7: capturing a second image that includes a display displaying a first image. Determine a portion of the second image that corresponds to the portion of the first image being displayed using the captured markers, hence first image, so identify which part of the display screen has been captured by the camera in the second image)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use the system and method, as disclosed by Kato, and further incorporate having the first image is an image that enables the image capture apparatus to identify which part of the display screen has been captured by the image capture apparatus from data of the second image, as taught by Clemens, to enhance the user’s end computing experience (Clemens Col. 1, lines 29-31).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHLEEN V NGUYEN whose telephone number is (571)270-0626. The examiner can normally be reached on M-F 9:00am-6:00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jamie Atala can be reached on 571-272-7384. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KATHLEEN V NGUYEN/Primary examiner, Art Unit 2486
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