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 .
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.
Claim(s) 1, 2 and 9 and 15-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kulewski et al. (US Patent # 10,101,891).
[Claim 1]
An image processing apparatus comprising one or more processors (1402) and/or circuitry which function as:
an input unit (camera) that inputs an image (col. 26 lines 40-47, For example, the user interface can be a graphical user interface (GUI) displayed on a display of a client device, e.g., a camera, phone, tablet, goggles, wearable device (watch, jewelry, etc.), laptop computer, desktop computer, head mounted display, etc.);
a processing unit (image editing apps 1412) that crops a partial image of a predetermined range from the image (col. 27 lines 50-57, applications 1410 can include one or more image editing applications 1412, including an image editing program to receive user input, select input images, receive user input to manipulate one or more cropping windows, modify pixels of images (e.g., by applying edit operations to an input image using a cropping window), and provide output data causing display of original and modified images on a display device of the device 1400);
a control unit (processor 1402) that controls size and position of the range (col. 8 lines 29-34, for example, if the crop window is displayed on a touchscreen receptive to user touch, the user can provide the input by physically touching the touchscreen (e.g., with a finger). For example, the user can select a displayed portion of the crop window substantially corresponding to a location (position) on the touchscreen. Col. 8 lines 42-45, In some examples, the user input can include input that causes a repositioning or otherwise moves a particular (e.g., a selected) portion of the crop window to change the window from the first size to the second size); and
a switching unit (1412) that switches between a plurality of modes involving processing of cropping the partial image (col. 9 lines 38-45, In block 204, it is determined whether the crop window of the second size has an aspect ratio within a threshold range of a predetermined aspect ratio. The aspect ratio can be determined in a (e.g., predetermined) consistent way. For example, for a rectangular crop window, the aspect ratio can be the dimension of the crop window along a first axis (e.g., horizontal axis) divided by the dimension along a second axis (e.g., vertical axis). Col. 10 lines 13-21, If it is determined that the aspect ratio of the crop window of the second size is not within the threshold range of the predetermined aspect ratio, then the method continues to block 206 to cause a display of the crop window of the second size. If the aspect ratio is found to be within the threshold range of the predetermined aspect ratio, then in block 208 the method resizes the crop window to a third size that has an aspect ratio substantially the same as the predetermined aspect ratio.),
wherein in a case where the size of the range changes before and after the switching of the mode by the switching unit, the control unit controls to gradually change the size and/or the position of the range that changes before and after the switching of the mode (col. 15 lines 19-36, In some implementations, one or more blocks of method 200 and/or method 300 can be performed in response to one or more conditions of the crop window and/or user manipulation of the crop window being met. In some examples, determining the current aspect ratio of the crop window, determining whether the current aspect ratio is within the threshold range, and/or resizing the crop window to a third size can be performed in response to a speed of the crop window modification going below a threshold speed (i.e., slowing down) based on the user input. For example, in some implementations, if the user input is expanding the crop window's size and/or aspect ratio at a fast pace above the threshold speed, then the method can omit resizing the crop window to a predetermined aspect ratio (faster). In some implementations, the user may be likely to slow down crop window modification as the crop window approaches a desired size, and the aspect ratio determination and resizing to a third size can be performed at that slower speed).
[Claim 2]
The image processing apparatus according to claim 1, wherein the control unit performs a first control in which, in a case where the size and the position of the range change before and after the switching of the mode by the switching unit, the control unit immediately changes the size and the position of the range, and, in a case where either the size or the position of the range changes before and after the switching of the mode, the control unit gradually changes the size or the position of the range that changes before and after the switching of the mode (col. 15 lines 19-36, In some implementations, one or more blocks of method 200 and/or method 300 can be performed in response to one or more conditions of the crop window and/or user manipulation of the crop window being met. In some examples, determining the current aspect ratio of the crop window, determining whether the current aspect ratio is within the threshold range, and/or resizing the crop window to a third size can be performed in response to a speed of the crop window modification going below a threshold speed (i.e., slowing down) based on the user input. For example, in some implementations, if the user input is expanding the crop window's size and/or aspect ratio at a fast pace above the threshold speed, then the method can omit resizing the crop window to a predetermined aspect ratio. In some implementations, the user may be likely to slow down crop window modification as the crop window approaches a desired size, and the aspect ratio determination and resizing to a third size can be performed at that slower speed).
[Claim 9]
An image processing apparatus comprising one or more processors and/or circuitry which function as:
an input unit (camera) that inputs an image (col. 26 lines 40-47, For example, the user interface can be a graphical user interface (GUI) displayed on a display of a client device, e.g., a camera, phone, tablet, goggles, wearable device (watch, jewelry, etc.), laptop computer, desktop computer, head mounted display, etc.);
a processing unit (image editing apps 1412) that crops a partial image of a predetermined range from the image (col. 27 lines 50-57, applications 1410 can include one or more image editing applications 1412, including an image editing program to receive user input, select input images, receive user input to manipulate one or more cropping windows, modify pixels of images (e.g., by applying edit operations to an input image using a cropping window), and provide output data causing display of original and modified images on a display device of the device 1400);
a control unit (processor 1402) that controls size and position of the range (col. 8 lines 29-34, for example, if the crop window is displayed on a touchscreen receptive to user touch, the user can provide the input by physically touching the touchscreen (e.g., with a finger). For example, the user can select a displayed portion of the crop window substantially corresponding to a location (position) on the touchscreen. Col. 8 lines 42-45, In some examples, the user input can include input that causes a repositioning or otherwise moves a particular (e.g., a selected) portion of the crop window to change the window from the first size to the second size); and
a switching unit (1412) that switches between a plurality of modes involving processing of cropping the partial (col. 9 lines 38-45, In block 204, it is determined whether the crop window of the second size has an aspect ratio within a threshold range of a predetermined aspect ratio. The aspect ratio can be determined in a (e.g., predetermined) consistent way. For example, for a rectangular crop window, the aspect ratio can be the dimension of the crop window along a first axis (e.g., horizontal axis) divided by the dimension along a second axis (e.g., vertical axis). Col. 10 lines 13-21, If it is determined that the aspect ratio of the crop window of the second size is not within the threshold range of the predetermined aspect ratio, then the method continues to block 206 to cause a display of the crop window of the second size. If the aspect ratio is found to be within the threshold range of the predetermined aspect ratio, then in block 208 the method resizes the crop window to a third size that has an aspect ratio substantially the same as the predetermined aspect ratio),
wherein, in a case where the size of the range changes before and after the switching of the mode by the switching unit, the control unit changes the position of the range in a shorter time than in a case where the size of the range does not change before and after the switching of the mode (col. 15 lines 19-36, In some implementations, one or more blocks of method 200 and/or method 300 can be performed in response to one or more conditions of the crop window and/or user manipulation of the crop window being met. In some examples, determining the current aspect ratio of the crop window, determining whether the current aspect ratio is within the threshold range, and/or resizing the crop window to a third size can be performed in response to a speed of the crop window modification going below a threshold speed (i.e., slowing down) based on the user input. For example, in some implementations, if the user input is expanding the crop window's size and/or aspect ratio at a fast pace above the threshold speed, then the method can omit resizing the crop window to a predetermined aspect ratio (faster). In some implementations, the user may be likely to slow down crop window modification as the crop window approaches a desired size, and the aspect ratio determination and resizing to a third size can be performed at that slower speed).
[Claims 15 and 16]
These claims are similar to claims 1 and 9 except for an image sensor that shoots an image. Teaches For example, the user interface can be a graphical user interface (GUI) displayed on a display of a client device, e.g., a camera, phone, tablet, goggles, wearable device (watch, jewelry, etc.), laptop computer, desktop computer, head mounted display, etc. Camera inherently has an image sensor in order to shoot an image.
[Claim 17]
An image processing method for cropping a partial image of a predetermined range from an input image comprising:
determining whether or not switching between a plurality of modes involving processing of cropping the partial image is performed (col. 9 lines 38-46, In block 204, it is determined whether the crop window of the second size has an aspect ratio within a threshold range of a predetermined aspect ratio. The aspect ratio can be determined in a (e.g., predetermined) consistent way. For example, for a rectangular crop window, the aspect ratio can be the dimension of the crop window along a first axis (e.g., horizontal axis) divided by the dimension along a second axis (e.g., vertical axis). For other shapes of crop windows, the aspect ratio can be determined differently. Col. 10 lines 13-21, If it is determined that the aspect ratio of the crop window of the second size is not within the threshold range of the predetermined aspect ratio, then the method continues to block 206 to cause a display of the crop window of the second size. If the aspect ratio is found to be within the threshold range of the predetermined aspect ratio, then in block 208 the method resizes the crop window to a third size that has an aspect ratio substantially the same as the predetermined aspect ratio); and
in a case where it is determined that the mode is switched and at least one of the size and the position of the range changes before and after the switching of the mode, gradually changing the size and/or the position of the range that changes before and after the switching of the mode (col. 15 lines 19-36, In some implementations, one or more blocks of method 200 and/or method 300 can be performed in response to one or more conditions of the crop window and/or user manipulation of the crop window being met. In some examples, determining the current aspect ratio of the crop window, determining whether the current aspect ratio is within the threshold range, and/or resizing the crop window to a third size can be performed in response to a speed of the crop window modification going below a threshold speed (i.e., slowing down) based on the user input. For example, in some implementations, if the user input is expanding the crop window's size and/or aspect ratio at a fast pace above the threshold speed, then the method can omit resizing the crop window to a predetermined aspect ratio (faster). In some implementations, the user may be likely to slow down crop window modification as the crop window approaches a desired size, and the aspect ratio determination and resizing to a third size can be performed at that slower speed).
[Claim 18]
An image processing method for cropping a partial image of a predetermined range from an input image comprising:
determining whether or not switching between a plurality of modes involving processing of cropping the partial image is performed (col. 9 lines 38-46, In block 204, it is determined whether the crop window of the second size has an aspect ratio within a threshold range of a predetermined aspect ratio. The aspect ratio can be determined in a (e.g., predetermined) consistent way. For example, for a rectangular crop window, the aspect ratio can be the dimension of the crop window along a first axis (e.g., horizontal axis) divided by the dimension along a second axis (e.g., vertical axis). For other shapes of crop windows, the aspect ratio can be determined differently. Col. 10 lines 13-21, If it is determined that the aspect ratio of the crop window of the second size is not within the threshold range of the predetermined aspect ratio, then the method continues to block 206 to cause a display of the crop window of the second size. If the aspect ratio is found to be within the threshold range of the predetermined aspect ratio, then in block 208 the method resizes the crop window to a third size that has an aspect ratio substantially the same as the predetermined aspect ratio); and
in a case where it is determined that the mode is switched and the size of the range changes before and after the switching of the mode, changing the position of the range in a shorter time than in a case where the size of the range does not change before and after the switching of the mode (col. 15 lines 19-36, In some implementations, one or more blocks of method 200 and/or method 300 can be performed in response to one or more conditions of the crop window and/or user manipulation of the crop window being met. In some examples, determining the current aspect ratio of the crop window, determining whether the current aspect ratio is within the threshold range, and/or resizing the crop window to a third size can be performed in response to a speed of the crop window modification going below a threshold speed (i.e., slowing down) based on the user input. For example, in some implementations, if the user input is expanding the crop window's size and/or aspect ratio at a fast pace above the threshold speed, then the method can omit resizing the crop window to a predetermined aspect ratio (faster). In some implementations, the user may be likely to slow down crop window modification as the crop window approaches a desired size, and the aspect ratio determination and resizing to a third size can be performed at that slower speed).
[Claims 19 and 20]
These are computer readable storage claims corresponding to apparatus claims 1 and 9 and are therefore analyzed and rejected based upon apparatus claims 1 and 9.
Claim Rejections - 35 USC § 103
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) 4-8 and 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over Kulewski et al. (US Patent # 10,101,891) in view of Wakamatsu (US PGPUB 20170134649).
[Claim 4]
Kulewski fails to teach an acquiring unit that acquires an amount of shake from a detection unit
and a subject detection unit that detects a predetermined subject from the image, wherein the plurality of modes include a first mode in which the position of the range is moved based on the amount of shake, and a second mode in which the position of the range is moved based on a position of the subject, and wherein the control unit controls the size and the position of the range in a case where switching between the first mode and the second mode.
However Wakamatsu teaches an acquiring unit that acquires an amount of shake from a detection unit (Paragraph 79, In S902, the CPU 105 receives the output of the angular velocity meter 103); and a subject detection unit that detects a predetermined subject from the image (Paragraph 81, In S905, the CPU 105 determines whether a tracking target is present. For example, a face or a human body which is automatically detected is selected as a main subject or a main subject is detected from a feature value in an image on the basis of color, chroma, or the like of the image), wherein the plurality of modes include a first mode in which the position of the range is moved based on the amount of shake (Paragraph 84, In S914, the CPU 105 adds the blurring correction value calculated in S913 (shake) and the tracking correction value calculated or set in S907 or S911 to calculate the amount of lens driven of the correcting lens 114), and a second mode in which the position of the range is moved based on a position of the subject (Paragraph 84, In S914, the CPU 105 adds the blurring correction value calculated in S913 (shake) and the tracking correction value calculated or set in S907 or S911 to calculate the amount of lens driven of the correcting lens 114), and wherein the control unit controls the size and the position of the range in a case where switching between the first mode and the second mode (Paragraph 85).
Therefore taking the combined teachings of Kulewski and Wakamatsu, it would be obvious to one skilled in the art before the effective filing date of the invention to have been motivated to have an acquiring unit that acquires an amount of shake from a detection unit and a subject detection unit that detects a predetermined subject from the image, wherein the plurality of modes include a first mode in which the position of the range is moved based on the amount of shake, and a second mode in which the position of the range is moved based on a position of the subject, and wherein the control unit controls the size and the position of the range in a case where switching between the first mode and the second mode in order to improve subject trackability in tracking control of tracking a subject when there is motion of the camera thereby stabilizing the image quality.
[Claim 5]
Wakamatsu teaches wherein the first mode is a mode for performing image stabilization, and the second mode is a mode for tracking a subject (Paragraph 84, In S914, the CPU 105 adds the blurring correction value calculated in S913 (shake) and the tracking correction value calculated or set in S907 or S911 to calculate the amount of lens driven of the correcting lens 114). Same motivation as before.
[Claim 6]
Wakamatsu teaches wherein the one or more processors and/or circuitry further functions as a setting unit that sets the subject (Paragraph 81). Same motivation as before.
[Claim 7]
Wakamatsu teaches wherein the detection unit detects the amount of shake based on a motion vector between the images inputted successively (Paragraph 83, Then, in S910, the correction vector detecting unit 116 performs the frequency distribution processing described above with reference to FIGS. 5 to 7B and calculates a corrected motion vector (correction motion vector), on the basis of the vectors calculated in S908 and the weighting factors of the vectors calculated in S909. In S913, the blurring correction angle calculating unit 108 calculates the blurring correction value from the correction motion vector calculated in S910 or the motion vector set in S912, the tracking value calculated or set in S907 or S911, and the angular velocity output acquired in S902. The process of calculating the blurring correction angle is the same as described above with reference to FIG. 8). Same motivation as before.
[Claim 8]
Wakamatsu teaches an imaging device 101 includes an angular velocity detecting unit (hereinafter referred to as an angular velocity meter) that detects an angular velocity of angle blurring as blurring detecting unit. The angular velocity meter 103 detects angle blurring in the pitch direction indicated by the arrow 103p and the yaw direction indicated by the arrow 103y in FIG. 1. A detection signal output from the angular velocity meter 103 is input to the CPU 105 (Paragraph 28). It is very well known that an angular velocity detecting unit (hereinafter referred to as an angular velocity meter) that detects an angular velocity of angle blurring as blurring detecting unit is also called a gyro sensor.
[Claims 10-14]
These claims are similar to claims 4-8 and are therefore analyzed and rejected based upon claims 4-8.
Allowable Subject Matter
Claim 3 is 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. The prior art fails to teach or suggest “or more processors and/or circuitry further functions as a selection unit that selects one of a plurality of display modes including a first display mode in which the partial image is displayed on a display unit and a second display mode in which the partial image is not displayed on the display unit, wherein the control unit performs the first control in a case where the first display mode is selected, and performs a second control in a case where the second display mode is selected, in which the control unit immediately changes the size and the position of the range regardless of whether the size and the position of the range change before and after the switching of mode by the switching unit”.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOGESH K AGGARWAL whose telephone number is (571)272-7360. The examiner can normally be reached Monday - Friday 9:30-6.
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, Sinh Tran can be reached at 5712727564. 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.
/YOGESH K AGGARWAL/Primary Examiner, Art Unit 2637
Prosecution Insights