DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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 response to this Office action, the Office respectfully requests that support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line numbers in the specification and/or drawing figure(s). This will assist the Office in prosecuting this application.
The Office has cited particular figures, elements, paragraphs and/or columns and line numbers in the references as applied to the claims for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant, in preparing the responses, to fully consider each of the cited references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage disclosed by the Office.
Priority
2. Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, or 365(c) is acknowledged.
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted on 04/22/2025 is being considered by the Examiner.
Disposition of the Claims
4. The instant application was effectively filed on May 14, 2024, wherein claims 1-8 and 13-16 are currently pending and claims 9-12 are withdrawn based on restriction/election requirement dated 12/17/2025.
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.
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.
5. 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:
a. “calculation means for acquiring….”, “display control means for performing….”, “calculation means calculate the focal ratio….”, “display control means displays ….”, “display order determination means for determining….”, “selection means for selecting….”, “acquisition means for estimating….” And “focal calculation means for calculating….”
Furthermore, of all claim limitations as listed above which invokes 112(f), structural support is provided as detailed in Applicants specification disclosure.
see FIG. 4; all claimed “MEANS” as listed above corresponds to one or more processors as discussed in Para. [0118].
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 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.
Claim(s) 1-5 and 13-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Feng et al. US PG-PUB 20230319401 A1 (hereinafter Feng).
Regarding claim 1, Feng teaches An image processing device (Para. [0045], [0065], [0068], [0072], [0091]; image capturing system such as camera) comprising: calculation means for acquiring information including a defocus range of a captured image from storage means in which information including the defocus range of the captured image is stored as incidental information of the captured image (Fig. 5 and Para. [0082]-[0083], [0085] and [0091]; defocus distance between each region corresponds to claimed defocus range; said defocus distance is stored in a lookup table), and calculating a focal ratio of the captured image based on the information including the defocus range (Fig. 5 and Para. [0071]-0091]; PSF estimation engine 560 may also receive optical information related to the second image, such as focal distance, focal ratio, the image capturing system 600 can determine a defocus distance between the first object 605 and the focal point 660 and a defocus distance between the second object 610 and the focal point 660. Using the defocus distances, image capturing system 600 can determine the PSF for each of the objects 605 and 610, as described above in FIG. 5); and display control means for performing display control of the captured image based on the focal ratio (Para. [0072]; When the image capturing system 200 is capturing the image, the image capturing system 200 may determine a focal ratio and then exposes an image sensor based on that focal ratio to generate an image. In some cases, the image capturing system 200 may control the focal ratio and display a snapshot or a preview image using a viewfinder. A user can perceive the viewfinder to operate the image capturing system 200 to focus on the correct subject of the image.).
Regarding claim 2, Feng teaches The image processing device according to claim 1, Feng further teaches wherein the defocus range of the captured image is a defocus range of an entire subject in the captured image, which is estimated using a defocus range estimation model (Fig. 5 and Para. [0071]-0091]; The PSF estimation engine 560 may receive the defocus distance values from the defocus distance engine 550 and look up a corresponding PSF 565 for each region 545 from the lookup table 562 based on each respective defocus distance. The lookup table 562 can be generated different mechanisms such as an iterative process or by training a machine learning model).
Regarding claim 3, Feng teaches The image processing device according to claim 1, Feng further teaches wherein the calculation means calculates the focal ratio according to the defocus range of the entire subject in the captured image (Fig. 5 and Para. [0072]; When the image capturing system 200 is capturing the image, the image capturing system 200 may determine a focal ratio and then exposes an image sensor based on that focal ratio to generate an image).
Regarding claim 4, Feng teaches The image processing device according to claim 1, Feng further teaches wherein the calculation means calculates the focal ratio based on the defocus range and a depth-of-field of the captured image (Para. [0071]-0091]; defocus distance and depth of field).
Regarding claim 5, Feng teaches The image processing device according to claim 1, Feng further teaches wherein the display control means displays the focal ratio on display means in association with the captured image (Para. [0072]; When the image capturing system 200 is capturing the image, the image capturing system 200 may determine a focal ratio and then exposes an image sensor based on that focal ratio to generate an image. In some cases, the image capturing system 200 may control the focal ratio and display a snapshot or a preview image using a viewfinder. A user can perceive the viewfinder to operate the image capturing system 200 to focus on the correct subject of the image.).
Regarding claim 13, Feng teaches An image processing method (Para. [0049], [0125]) comprising: acquiring information including a defocus range of a captured image from storage means in which information including the defocus range of the captured image is stored as incidental information of the captured image (Fig. 5 and Para. [0082]-[0083], [0085] and [0091]; defocus distance between each region corresponds to claimed defocus range; said defocus distance is stored in a lookup table), and calculating a focal ratio of the captured image based on the information including the defocus range (Fig. 5 and Para. [0071]-0091]; PSF estimation engine 560 may also receive optical information related to the second image, such as focal distance, focal ratio, the image capturing system 600 can determine a defocus distance between the first object 605 and the focal point 660 and a defocus distance between the second object 610 and the focal point 660. Using the defocus distances, image capturing system 600 can determine the PSF for each of the objects 605 and 610, as described above in FIG. 5); and performing display control of the captured image based on the calculated focal ratio (Para. [0072]; When the image capturing system 200 is capturing the image, the image capturing system 200 may determine a focal ratio and then exposes an image sensor based on that focal ratio to generate an image. In some cases, the image capturing system 200 may control the focal ratio and display a snapshot or a preview image using a viewfinder. A user can perceive the viewfinder to operate the image capturing system 200 to focus on the correct subject of the image).
Regarding claim 14, Feng teaches A non-transitory computer-readable storage medium (Para. [0017], [0125]) configured to store a computer program comprising instructions for executing following processes: acquiring information including a defocus range of a captured image from storage means in which information including the defocus range of the captured image is stored as incidental information of the captured image (Fig. 5 and Para. [0082]-[0083], [0085] and [0091]; defocus distance between each region corresponds to claimed defocus range; said defocus distance is stored in a lookup table), and calculating a focal ratio of the captured image based on the information including the defocus range (Fig. 5 and Para. [0071]-0091]; PSF estimation engine 560 may also receive optical information related to the second image, such as focal distance, focal ratio, the image capturing system 600 can determine a defocus distance between the first object 605 and the focal point 660 and a defocus distance between the second object 610 and the focal point 660. Using the defocus distances, image capturing system 600 can determine the PSF for each of the objects 605 and 610, as described above in FIG. 5); and performing display control of the captured image based on the focal ratio (Para. [0072]; When the image capturing system 200 is capturing the image, the image capturing system 200 may determine a focal ratio and then exposes an image sensor based on that focal ratio to generate an image. In some cases, the image capturing system 200 may control the focal ratio and display a snapshot or a preview image using a viewfinder. A user can perceive the viewfinder to operate the image capturing system 200 to focus on the correct subject of the image).
Regarding claim 15, Feng teaches An image processing device (Para. [0045], [0065], [0068], [0072], [0091]; image capturing system such as camera) comprising: acquisition means for estimating a defocus range of a captured image and acquiring the estimated result as defocus range information (Fig. 5 and Para. [0071]-0091]; The PSF estimation engine 560 may receive the defocus distance values from the defocus distance engine 550 and look up a corresponding PSF 565 for each region 545 from the lookup table 562 based on each respective defocus distance. The lookup table 562 can be generated different mechanisms such as an iterative process or by training a machine learning model); and focal ratio calculation means for calculating a focal ratio of the captured image based on the defocus range information acquired by the acquisition means (Fig. 5 and Para. [0072]; When the image capturing system 200 is capturing the image, the image capturing system 200 may determine a focal ratio and then exposes an image sensor based on that focal ratio to generate an image).
Regarding claim 16, Feng teaches An image processing method (Para. [0049], [0125]) comprising: estimating a defocus range of a captured image and acquiring the estimated result as defocus range information (Fig. 5 and Para. [0071]-0091]; The PSF estimation engine 560 may receive the defocus distance values from the defocus distance engine 550 and look up a corresponding PSF 565 for each region 545 from the lookup table 562 based on each respective defocus distance. The lookup table 562 can be generated different mechanisms such as an iterative process or by training a machine learning model); and calculating a focal ratio of the captured image based on the defocus range information acquired in the acquisition process (Fig. 5 and Para. [0072]; When the image capturing system 200 is capturing the image, the image capturing system 200 may determine a focal ratio and then exposes an image sensor based on that focal ratio to generate an image).
Allowable Subject Matter
Claims 6-8 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
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMY ONYEKABA whose telephone number is (571)270-7633. The examiner can normally be reached on 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NITIN K PATEL can be reached on 5712727677. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AMY ONYEKABA/Primary Examiner, Art Unit 2628