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 .
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.
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: image blur amount calculation unit (claim 1), inertia blur amount calculation unit (claims 1-2, 5), a blur amount combining unit (claim 1), analysis unit (claims 9-10), interval control unit (claims 11-13).
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 § 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.
Claim 15 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because “A computer readable recording medium” is broad enough to encompass a transitory medium such as a carrier wave. Although the specification (at paragraph [0071] of the PG-PUB) states that instructions are recorded on a storage medium “which may also be referred to more fully as a ‘non-transitory computer-readable storage medium’”, the claim refers to a “recording medium” and not a “storage medium” leaving ambiguity as whether or not the claimed “recording medium” is non-transitory. In addition, the word “may” in the phrase “may also be referred to” suggests that the following is not required. This rejection may be overcome by adding “non-transitory” in front of “computer readable recording medium”.
Allowable Subject Matter
Claims 1-14 are allowed.
Regarding claim 1, Kajimura discloses
An image processing apparatus comprising:
an image blur amount calculation unit (14; fig. 1) configured to calculate a first blur amount per frame (Motion vectors are calculated between two temporally adjacent frame images among consecutively produced frame images; fig. 3; [0031]) based on a blur amount between images apart from each other by a predetermined number of frames (In this case the predetermined number of frames is 1 as a motion vector is calculated for two adjacent frames) among consecutive images captured by an imaging apparatus;
an inertia blur amount calculation unit (52; fig. 1) configured to calculate a second blur amount ([0029]; 32; fig. 3)
a blur amount combining unit (57b; fig. 1) configured to subtract a difference from the inertia information to calculate a third blur amount used for stabilization of the consecutive images captured by the imaging apparatus, the difference obtained by subtracting the first blur amount from the second blur amount (figs. 1, 4).
However, Kajimura fails to disclose that the second blur amount is calculated per frame based on inertial information of a plurality of frames.
Regarding claim 14, it recites similar limitations to claim 1 and is therefore allowable for the same reasons as stated above (see claim 1).
Regarding claims 2-13, they depend from one of claims 1 or 14 and are therefore allowable for the same reasons as stated above (see claim 1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yasuda et al. (US 2021/0006721 A1) teaches determining a blur amount by subtracting a difference from inertia information wherein the difference is obtained by subtracting a blur amount calculated electronically from a blur amount calculated from an inertial detector (fig. 2).
Kajimura (US 2016/0316146 A1) teaches determining a blur amount by subtracting a difference from inertia information wherein the difference is obtained by subtracting a blur amount calculated electronically from a blur amount calculated from an inertial detector (fig. 7A).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL M BERARDESCA whose telephone number is (571)270-3579. The examiner can normally be reached Mon-Thurs 10-8, Fri 10-2.
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PAUL M. BERARDESCA
Examiner
Art Unit 2637
/PAUL M BERARDESCA/ Primary Examiner, Art Unit 2637 6/27/2026
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