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 .
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.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/14/2025 has been considered by the examiner. The submission is in compliance with the provisions of 37 CFR 1.97.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1 - 11 are directed to a computer readable medium. However, the claim is not limited to nontransitory embodiments, and the specification does not provide a definition limiting the meaning of this term to only nontransitory embodiments. The claim therefore can be reasonably interpreted as encompassing transitory signal embodiments, which are nonstatutory (In re Nuijten, 500 F.3d 1346, 84 USPQ2d 1495 (Fed. Cir. 2007)). If the specification includes written description support, this rejection can be overcome by including the term “nontransitory” in the claim (see USPTO Official Gazette notice 1351 OG 212.).
The claim recites, inter alia, “computer readable medium …” After close inspection, the Examiner respectfully notes that the disclosure, as a whole, does not specifically identify what may be included as a computer readable medium and what is not to be included as a computer readable medium.
An Examiner is obliged to give claims their broadest reasonable interpretation consistent with the specification during examination. The broadest reasonable interpretation of a claim drawn to a computer readable medium typically covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer readable medium, particularly when the specification is silent. See MPEP 2111.01. When the broadest reasonable interpretation of a claim covers a signal, per se, the claim must be rejected under 35 U.S.C. § 101 as covering non-statutory subject matter.
Therefore, given the silence of the disclosure and the broadest reasonable interpretation, the computer readable medium of the claim may include transitory propagating signals. As a result, the claim pertains to non-statutory subject matter.
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 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.
Claims 1 – 33 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nanu (US PgPub No. 20120075492).
Regarding claim 1, Nanu teaches a computer readable medium comprising instructions that, when executed, cause a machine (paragraphs 0024 - 0025) to at least: obtain face information including a current face region from a face detection library (figure 6 items 604 – 610); calculate a region difference metric between the current face region and a reference face region (figure 6 items 606 and 610); extract statistics of the current face region (figure 6 item 614); control at least one of a scene change judgement or a dead zone to determine whether to trigger autofocus iterations (figure 6 item 616); perform an autofocus iteration with lens movement controlled based on the region difference metric (figure 6 item 618); and save an in-focus face region resulting from the autofocus iteration as the reference face region (paragraphs 0034-0036 also figures 7 and 8A-8D).
Regarding claim 2, as mentioned above in the discussion of claim 1, Nanu teaches all of the limitations of the parent claim. Additionally, Nanu teaches wherein the instructions, when executed, cause the machine to determine a scene change threshold based on the region difference metric (figure 6 items 612 and/or 614 based on results from items 608 and/or 610; wherein the threshold is the sharpness grade).
Regarding claim 3, as mentioned above in the discussion of claim 2, Nanu teaches all of the limitations of the parent claim. Additionally, Nanu teaches wherein the instructions, when executed, cause the machine to determine whether a further autofocus iteration is to be performed based on the scene change threshold (figure 6 item 616 based on item 614).
Regarding claim 4, as mentioned above in the discussion of claim 1, Nanu teaches all of the limitations of the parent claim. Additionally, Nanu teaches wherein the instructions, when executed, cause the machine to determine the difference based on a difference between coordinates of the current face region and coordinates of the reference face region (paragraphs 0032 - 0035; regions of face(s) i.e. coordinates compared for differences).
Regarding claim 5, as mentioned above in the discussion of claim 1, Nanu teaches all of the limitations of the parent claim. Additionally, Nanu teaches wherein the instructions, when executed, cause the machine to control sensitivity of the autofocus iterations based on the difference (figure 6 item 618 based on items 614 - 616).
Regarding claim 6, as mentioned above in the discussion of claim 1, Nanu teaches all of the limitations of the parent claim. Additionally, Nanu teaches wherein the instructions, when executed, cause the machine to determine if the current face region is in focus based a dead zone calculated based on the difference (figure 6 Yes in item 616).
Regarding claim 7, as mentioned above in the discussion of claim 1, Nanu teaches all of the limitations of the parent claim. Additionally, Nanu teaches wherein the instructions, when executed, cause the machine to, when the difference indicates that the current face region is different than the reference face region: perform another autofocus iteration to move the lens (figure 6 item 604 Yes goes to item 612 and 616); and determine if the current face region is in focus (figure 6 item 614).
Regarding claim 8, as mentioned above in the discussion of claim 6, Nanu teaches all of the limitations of the parent claim. Additionally, Nanu teaches wherein the instructions, when executed, cause the machine to store the current face region as the reference face region when the current face region is determined to be in focus (paragraphs 0005 and 0032 - 0036 also figures 7 and 8A-8D; store faces).
Regarding claim 9, as mentioned above in the discussion of claim 6, Nanu teaches all of the limitations of the parent claim. Additionally, Nanu teaches wherein the instructions, when executed, cause the machine to perform a contrast detection autofocus iteration when the difference metric indicates that the current face region is different from the reference face region (paragraphs 0003 – 0005, 0026, and 0032 – 0033; contrast detection autofocus based on differences).
Regarding claim 10, as mentioned above in the discussion of claim 6, Nanu teaches all of the limitations of the parent claim. Additionally, Nanu teaches wherein the instructions, when executed, cause the machine to perform a phase detection autofocus iteration when the region difference metric indicates that the current face region is different from the reference face region (paragraphs 0004 – 0005 and 0016; phase detection autofocus based on differences).
Regarding claim 11, as mentioned above in the discussion of claim 1, Nanu teaches all of the limitations of the parent claim. Additionally, Nanu teaches wherein the face information includes a face pose (paragraphs 0032 - 0035; regions of face(s) detected i.e. pose).
Regarding claim 12, Nanu teaches an apparatus to control autofocus (paragraphs 0003 – 0007, 0016, 0025, 0030, and 0037 - 0038; camera/image acquisition device), the apparatus comprising: at least one memory (paragraph 0025); machine readable instructions (paragraphs 0024 - 0025); and processor circuitry to at least one of instantiate or execute the machine readable instructions (paragraphs 0016 and 0024 - 0025) to: obtain face information including a current face region from a face detection library (figure 6 items 604 – 610); calculate a region difference metric between the current face region and a reference face region (figure 6 items 606 and 610); extract statistics of the current face region (figure 6 item 614); control at least one of a scene change judgement or a dead zone to determine whether to trigger autofocus iterations (figure 6 item 616); perform an autofocus iteration with lens movement controlled based on the region difference metric (figure 6 item 618); and save an in-focus face region resulting from the autofocus iteration as the reference face region (paragraphs 0034-0036 also figures 7 and 8A-8D).
Regarding claim 13, as mentioned above in the discussion of claim 12, Nanu teaches all of the limitations of the parent claim. Additionally, Nanu teaches wherein the processor circuitry is to determine a scene change threshold based on the region difference metric (figure 6 items 612 and/or 614 based on results from items 608 and/or 610; wherein the threshold is the sharpness grade).
Regarding claim 14, as mentioned above in the discussion of claim 13, Nanu teaches all of the limitations of the parent claim. Additionally, Nanu teaches wherein the processor circuitry is to determine whether a further autofocus iteration is to be performed based on the scene change threshold (figure 6 item 616 based on item 614).
Regarding claim 15, as mentioned above in the discussion of claim 12, Nanu teaches all of the limitations of the parent claim. Additionally, Nanu teaches wherein the processor circuitry is to determine the difference based on a difference between coordinates of the current face region and coordinates of the reference face region (paragraphs 0032 - 0035; regions of face(s) i.e. coordinates compared for differences).
Regarding claim 16, as mentioned above in the discussion of claim 12, Nanu teaches all of the limitations of the parent claim. Additionally, Nanu teaches wherein the processor circuitry is to control sensitivity of the autofocus iterations based on the difference (figure 6 item 618 based on items 614 - 616).
Regarding claim 17, as mentioned above in the discussion of claim 12, Nanu teaches all of the limitations of the parent claim. Additionally, Nanu teaches wherein the processor circuitry is to determine if the current face region is in focus based a dead zone calculated based on the difference (figure 6 Yes in item 616).
Regarding claim 18, as mentioned above in the discussion of claim 12, Nanu teaches all of the limitations of the parent claim. Additionally, Nanu teaches wherein the processor circuitry is to, when the difference indicates that the current face region is different than the reference face region: perform another autofocus iteration to move the lens (figure 6 item 604 Yes goes to item 612 and 616); and determine if the current face region is in focus (figure 6 item 614).
Regarding claim 19, as mentioned above in the discussion of claim 17, Nanu teaches all of the limitations of the parent claim. Additionally, Nanu teaches wherein the processor circuitry is to store the current face region as the reference face region when the current face region is determined to be in focus (paragraphs 0005 and 0032 - 0036 also figures 7 and 8A-8D; store faces).
Regarding claim 20, as mentioned above in the discussion of claim 17, Nanu teaches all of the limitations of the parent claim. Additionally, Nanu teaches wherein the processor circuitry is to perform a contrast detection autofocus iteration when the difference metric indicates that the current face region is different from the reference face region (paragraphs 0003 – 0005, 0026, and 0032 – 0033; contrast detection autofocus based on differences).
Regarding claim 21, as mentioned above in the discussion of claim 17, Nanu teaches all of the limitations of the parent claim. Additionally, Nanu teaches wherein the processor circuitry is to perform a phase detection autofocus iteration when the region difference metric indicates that the current face region is different from the reference face region (paragraphs 0004 – 0005 and 0016; phase detection autofocus based on differences).
Regarding claim 22, as mentioned above in the discussion of claim 12, Nanu teaches all of the limitations of the parent claim. Additionally, Nanu teaches wherein the face information includes a face pose (paragraphs 0032 - 0035; regions of face(s) detected i.e. pose).
Regarding claim 23, Nanu teaches a method to control autofocus (paragraphs 0003 – 0007, 0016, 0025, 0030, and 0037 - 0038; camera/image acquisition device), the method comprising: obtaining face information including a current face region from a face detection library (figure 6 items 604 – 610); calculating a region difference metric between the current face region and a reference face region (figure 6 items 606 and 610); extracting statistics of the current face region (figure 6 item 614); controlling at least one of a scene change judgement or a dead zone to determine whether to trigger autofocus iterations (figure 6 item 616); performing an autofocus iteration with lens movement controlled based on the region difference metric (figure 6 item 618); and saving an in-focus face region resulting from the autofocus iteration as the reference face region (paragraphs 0034-0036 also figures 7 and 8A-8D).
Regarding claim 24, as mentioned above in the discussion of claim 23, Nanu teaches all of the limitations of the parent claim. Additionally, Nanu teaches determining a scene change threshold based on the region difference metric (figure 6 items 612 and/or 614 based on results from items 608 and/or 610; wherein the threshold is the sharpness grade).
Regarding claim 25, as mentioned above in the discussion of claim 24, Nanu teaches all of the limitations of the parent claim. Additionally, Nanu teaches determining whether a further autofocus iteration is to be performed based on the scene change threshold (figure 6 item 616 based on item 614).
Regarding claim 26, as mentioned above in the discussion of claim 23, Nanu teaches all of the limitations of the parent claim. Additionally, Nanu teaches determining the difference based on a difference between coordinates of the current face region and coordinates of the reference face region (paragraphs 0032 - 0035; regions of face(s) i.e. coordinates compared for differences).
Regarding claim 27, as mentioned above in the discussion of claim 23, Nanu teaches all of the limitations of the parent claim. Additionally, Nanu teaches controlling sensitivity of the autofocus iterations based on the difference (figure 6 item 618 based on items 614 - 616).
Regarding claim 28, as mentioned above in the discussion of claim 23, Nanu teaches all of the limitations of the parent claim. Additionally, Nanu teaches determining if the current face region is in focus based a dead zone calculated based on the difference (figure 6 Yes in item 616).
Regarding claim 29, as mentioned above in the discussion of claim 23, Nanu teaches all of the limitations of the parent claim. Additionally, Nanu teaches when the difference indicates that the current face region is different than the reference face region: performing another autofocus iteration to move the lens (figure 6 item 604 Yes goes to item 612 and 616); and determining if the current face region is in focus (figure 6 item 614).
Regarding claim 30, as mentioned above in the discussion of claim 28, Nanu teaches all of the limitations of the parent claim. Additionally, Nanu teaches storing the current face region as the reference face region when the current face region is determined to be in focus (paragraphs 0005 and 0032 - 0036 also figures 7 and 8A-8D; store faces).
Regarding claim 31, as mentioned above in the discussion of claim 28, Nanu teaches all of the limitations of the parent claim. Additionally, Nanu teaches performing a contrast detection autofocus iteration when the difference metric indicates that the current face region is different from the reference face region (paragraphs 0003 – 0005, 0026, and 0032 – 0033; contrast detection autofocus based on differences).
Regarding claim 32, as mentioned above in the discussion of claim 28, Nanu teaches all of the limitations of the parent claim. Additionally, Nanu teaches performing a phase detection autofocus iteration when the region difference metric indicates that the current face region is different from the reference face region (paragraphs 0004 – 0005 and 0016; phase detection autofocus based on differences).
Regarding claim 33, as mentioned above in the discussion of claim 23, Nanu teaches all of the limitations of the parent claim. Additionally, Nanu teaches wherein the face information includes a face pose (paragraphs 0032 - 0035; regions of face(s) detected i.e. pose).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Otsuki (US PgPub No. 20090095880) teaches a system detecting a face and processing.
Yasuda (US PgPub No. 20090256953) teaches a system detecting a face and processing.
Nakahara (US patent No. 8169530) teaches a system detecting a face and processing.
KRESTYANNIKOV (US PgPub No. 20160021295) teaches a system detecting a face and processing.
Leu (US patent No. 9936126) teaches a system detecting a face and processing.
SON (US PgPub No. 20180285629) teaches a system detecting a face and processing.
Chang (US PgPub No. 20190102604) teaches a system detecting a face and processing.
Wang (US PgPub No. 20210406522) teaches a system detecting a face and processing.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Usman A Khan whose telephone number is (571)270-1131. The examiner can normally be reached on M - Th 5:30 AM - 2 PM, F 5:30 AM - Noon.
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 on (571)272-7564. 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.
Usman Khan
/USMAN A KHAN/Primary Examiner, Art Unit 2637
06/17/2026
Prosecution Insights