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 .
DETAILED ACTION
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statement(s) submitted on 5/27/2025 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the examiner.
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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 9 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 9 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth the subject matter which the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the applicant regards as the invention. Evidence that claim 9 fail(s) to correspond in scope with that which the inventor or a joint inventor, or for pre-AIA applications the applicant regards as the invention can be found in the specification (Fig. 5; paras. 0118-0119). In the specification, the inventor or a joint inventor, or for pre-AIA applications the applicant describes in the specification which indicates that the invention is different from what is defined in the claim(s) 9.
Claim 9 in line 2 (counted from the bottom of page 3) recites “the imaging apparatus or the image processing apparatus: acquires at least one user instruction designating the subject in the video generated from the captured image; and causes the image processing to generate the video including the processed image having the image effect different between the inside and the outside of the subject region corresponding to the subject designated by the user instruction in the captured image”. The “server” embodiment of figure 5 where paragraph 0118 only describes (para. 0118: “controller 210 acquires at least one user instruction designating a subject in a video generated from the captured image 20 (S2)”; controller 210 of 200); and causes the image processing to generate the video including the processed image having the image effect different between the inside and the outside of the subject region corresponding to the subject designated by the user instruction in the captured image (para. 0118: “the image processing server 200 as an example of an image processing apparatus includes the communication interface 250 as an example of a receiver that receives image data including the captured image 20 in which a subject image is captured by the camera 100, the image processor 260 that performs image processing on the captured image 20 included in image data received by the receiver”; para. 0119: “controller 210 may cause the image processor 260 to perform image processing so as to generate a video based on a plurality of pieces of image data received from a plurality of the cameras 100 via the communication interface 250 (S8 and S9)”) where camera 100 as the claimed “the imaging apparatus” does not perform “acquires at least one user instruction designating the subject in the video generated from the captured image; and causes the image processing to generate the video including the processed image having the image effect different between the inside and the outside of the subject region corresponding to the subject designated by the user instruction in the captured image”. Moreover, claim 9 depending from claim 8 includes all features of claim 8 where claim 8 also claims “An imaging apparatus (100) comprising: … an image processor (120) that performs image processing on the captured image generated by the image sensor; and… wherein the controller acquires at least one user instruction designating a subject in a video generated from the captured image, and causes the image processor to perform the image processing to generate the video including a processed image having an image effect between an inside and an outside of a subject region corresponding to the subject designated by the user instruction in the captured image”. Claim 8 by itself is a non-server embodiment (para. 0129). However, when combining claims 9 and 8, the combination is directed to the “server” embodiment of figure 5 where camera 100 as the claimed “imaging apparatus” in claim 8 does not perform these features as presented above. Thus, it is different than what is claimed in claim 9 and in the combination of claims 9 and 8. Claim 9 is suggested to be rewritten in an independent form without referring to claim 8 for avoiding confusion of mixing different embodiments.
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.
Claim(s) 1-2 and 4-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kubota (US 20150169974 A1; IDS).
Regarding claim 1, Kubota teaches An imaging method comprising:
capturing, by an image sensor, a subject image to generate a captured image (Figs. 7-8; S704);
performing, by an image processor, image processing on the captured image generated by the image sensor (Figs. 7-8; S705); and
controlling, by a controller, the image processing by the image processor, based on the captured image, wherein the controller acquires at least one user instruction designating a subject in a video generated from the captured image (Figs. 3-5, 7; para. 0034: “the user designates a desired object, and color conversion is performed so as to keep the color of the relevant object as a chromatic color will be described. As shown in FIG. 3A to FIG. 5B”), and
causes the image processor to perform the image processing to generate the video including a processed image having an image effect different between an inside and an outside of a subject region corresponding to the subject designated by the user instruction in the captured image (Figs. 3-5; paras. 0034-0037).
Regarding claim 2, Kubota teaches the imaging method according to claim 1, wherein
the at least one user instruction includes a plurality of user instructions designating different subjects among a plurality of subjects in the video, and the controller controls the image processor to generate a plurality of videos according to the plurality of user instructions, the plurality of videos each having the image effect for each of a plurality of subject regions corresponding to the different subjects respectively (Figs. 3-5; paras. 0034-0037).
Regarding claim 4, Kubota teaches the imaging method according to claim 1, wherein the subject region is a region having a shape along an outer shape of the subject in the captured image, and the image processor generates the processed image to apply the image effect to be different along the outer shape of the subject designated by the user instruction in the captured image (Figs. 3-5; paras. 0034-0037).
Regarding claim 5, Kubota teaches the imaging method according to claim 1,
further comprising recognizing the subject region, based on the captured image, the subject region corresponding to the subject in the captured image generated by the image sensor, wherein the controller causes the image processor to perform the image processing to apply the image effect on the subject region corresponding to the subject designated by the user instruction among recognized subject regions, based on a recognition result of the subject regions (Figs. 3-5; paras. 0034-0037).
Regarding claim 6, Kubota teaches the imaging method according to claim 1, wherein the image effect is an effect in which a color tone is separately tuned between the inside and the outside of the subject region (Figs. 3-5; paras. 0034-0037).
Regarding claim 7, Kubota teaches An image processing apparatus (Fig. 1) comprising:
a receiver (data connection of imaging unit 20 or memory 46) that receives image data including a captured image by an imaging apparatus (20) capturing a subject image (Fig. 1; para. 0026);
an image processor (40) that performs image processing on the captured image included in the image data received by the receiver (Fig. 1; para. 0027); and
a controller (42) that controls the image processing by the image processor, based on the captured image (para. 0049), wherein the controller
acquires at least one user instruction designating a subject in a video generated from the captured image (Figs. 3-5; paras. 0034-0037), and
causes the image processor to perform image processing to generate the video including a processed image having an image effect different between an inside and an outside of a subject region corresponding to the subject indicated by the user instruction in the captured image (Figs. 3-5; paras. 0034-0037).
Regarding claim 8, Kubota teaches An imaging apparatus (Fig. 1; 100) comprising:
an image sensor (20) that captures a subject image to generate a captured image (Fig. 1; para. 0026);
an image processor (40) that performs image processing on the captured image generated by the image sensor (Fig. 1; para. 0027); and
a controller (42) that controls the image processing by the image processor, based on the captured image wherein the controller
acquires at least one user instruction designating a subject in a video generated from the captured image (Figs. 3-5; paras. 0034-0037), and
causes the image processor to perform the image processing to generate the video including a processed image having an image effect between an inside and an outside of a subject region corresponding to the subject designated by the user instruction in the captured image (Figs. 3-5; paras. 0034-0037).
Claim(s) 1-2 and 4-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al (US 20210241432 A1).
Regarding claim 1, Li teaches An imaging method (Figs. 1-10) comprising:
capturing, by an image sensor, a subject image to generate a captured image (Figs. 1-2);
performing, by an image processor, image processing on the captured image generated by the image sensor (Figs. 1-2; para. 0007: “A target area and a background area are determined in an image by performing mask (template) segmentation on the image. Different color processing modes are applied to the target area and the background area, so that luminance of the target area is greater than luminance of the background area, or chrominance of the target area is greater than chrominance of the background area, and a main object corresponding to the target area is more prominently highlighted. This enables a terminal user to have a movie special effect during photographing or video photographing, and improves photographing experience of the user”; para. 0082: “As shown in FIG. 6, masks of an image output by the neural network include a main object mask A1, a main object mask A2, and a background mask”); and
controlling, by a controller, the image processing by the image processor, based on the captured image, wherein the controller acquires at least one user instruction designating a subject in a video generated from the captured image (para. 0096: “If the user taps, in a photographing process, an individual corresponding to A1 on a touchscreen, A1 and A2 that are of the same object category are determined as target masks, and B1 and B2 are re-marked as background masks. If the user taps, in a photographing process, an individual corresponding to B2 on a touchscreen, B1 and B2 of the same object category are determined as target masks, and A1 and A2 are re-marked as background masks”), and
causes the image processor to perform the image processing to generate the video including a processed image having an image effect different between an inside and an outside of a subject region corresponding to the subject designated by the user instruction in the captured image (para. 0100: “Step 23. Process the target area and the background area in the image in different color processing modes to obtain a target image”).
Regarding claim 2, Li teaches the imaging method according to claim 1, wherein
the at least one user instruction includes a plurality of user instructions designating different subjects among a plurality of subjects in the video, and the controller controls the image processor to generate a plurality of videos according to the plurality of user instructions, the plurality of videos each having the image effect for each of a plurality of subject regions corresponding to the different subjects respectively (Figs. 2-8; paras. 0092-0096).
Regarding claim 4, Li teaches the imaging method according to claim 1, wherein the subject region is a region having a shape along an outer shape of the subject in the captured image, and the image processor generates the processed image to apply the image effect to be different along the outer shape of the subject designated by the user instruction in the captured image (Figs. 2-8; paras. 0092-0096).
Regarding claim 5, Li teaches the imaging method according to claim 1,
further comprising recognizing the subject region, based on the captured image, the subject region corresponding to the subject in the captured image generated by the image sensor, wherein the controller causes the image processor to perform the image processing to apply the image effect on the subject region corresponding to the subject designated by the user instruction among recognized subject regions, based on a recognition result of the subject regions (Figs. 2-8; paras. 0092-0096).
Regarding claim 6, Li teaches the imaging method according to claim 1, wherein the image effect is an effect in which a color tone is separately tuned between the inside and the outside of the subject region (Figs. 2-8; paras. 0092-0096).
Regarding claim 7, Li teaches An image processing apparatus (Figs. 1-10) comprising:
a receiver (bus, memory) that receives image data including a captured image by an imaging apparatus (901) capturing a subject image (Fig. 9; para. 0024);
an image processor (903) that performs image processing on the captured image included in the image data received by the receiver (Fig. 9; para. 0169); and
a controller (902) that controls the image processing by the image processor, based on the captured image, wherein the controller
acquires at least one user instruction designating a subject in a video generated from the captured image (para. 0096: “If the user taps, in a photographing process, an individual corresponding to A1 on a touchscreen, A1 and A2 that are of the same object category are determined as target masks, and B1 and B2 are re-marked as background masks. If the user taps, in a photographing process, an individual corresponding to B2 on a touchscreen, B1 and B2 of the same object category are determined as target masks, and A1 and A2 are re-marked as background masks”), and
causes the image processor to perform image processing to generate the video including a processed image having an image effect different between an inside and an outside of a subject region corresponding to the subject indicated by the user instruction in the captured image (para. 0100: “Step 23. Process the target area and the background area in the image in different color processing modes to obtain a target image”).
Regarding claim 8, Li teaches An imaging apparatus (Figs. 1-10) comprising:
an image sensor (901) that captures a subject image to generate a captured image (Fig. 9; para. 0024);
an image processor (903) that performs image processing on the captured image generated by the image sensor (Fig. 9; para. 0169); and
a controller (902) that controls the image processing by the image processor, based on the captured image wherein the controller
acquires at least one user instruction designating a subject in a video generated from the captured image (para. 0096: “If the user taps, in a photographing process, an individual corresponding to A1 on a touchscreen, A1 and A2 that are of the same object category are determined as target masks, and B1 and B2 are re-marked as background masks. If the user taps, in a photographing process, an individual corresponding to B2 on a touchscreen, B1 and B2 of the same object category are determined as target masks, and A1 and A2 are re-marked as background masks”), and
causes the image processor to perform the image processing to generate the video including a processed image having an image effect between an inside and an outside of a subject region corresponding to the subject designated by the user instruction in the captured image (para. 0100: “Step 23. Process the target area and the background area in the image in different color processing modes to obtain a target image”).
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.
Claim(s) 3 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over {Kubota (US 20150169974 A1) or Li et al (US 20210241432 A1} in view of Cho (US 20130182138 A1).
Regarding claim 3, Kubota teaches the imaging method according to claim 1, but fails to teach
wherein the controller acquires the user instruction via a communication interface that communicates data with at least one user terminal corresponding to the at least one user instruction, and the imaging method further comprises transmitting, by the communication interface, video data to the user terminal corresponding to the user instruction, the video data indicating the video generated according to the user instruction.
However, in the same field of endeavor Cho teaches
wherein the controller acquires the user instruction via a communication interface (110) that communicates data with at least one user terminal corresponding to the at least one user instruction, and the imaging method further comprises transmitting, by the communication interface, video data to the user terminal corresponding to the user instruction, the video data indicating the video generated according to the user instruction (Figs. 1, 5, 19-22; paras. 0201-0214; camera 100 receives preview images/captured images from remote cameras 301/302 and remotely control the remote camera with the same user interface).
Therefore, it would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention (AIA ) to use the teachings as taught by Cho in Ueda to have wherein the controller acquires the user instruction via a communication interface that communicates data with at least one user terminal corresponding to the at least one user instruction, and the imaging method further comprises transmitting, by the communication interface, video data to the user terminal corresponding to the user instruction, the video data indicating the video generated according to the user instruction for enabling real time remote sharing and controlling between remote users yielding a predicted result.
Regarding claim 9, Ueda teaches An imaging system comprising:
the imaging apparatus (Fig. 1; digital camera 100 can be manufactured into a first digital camera A) according to claim 8 with the image processor as a first image processor (40) (Fig. 1); and
an image processing apparatus (the digital camera 100 can be manufactured into a second digital camera B with the same configuration), wherein
the imaging apparatus (A) further comprises a transmitter (54 of A) that transmits image data indicating the captured image
the image processing apparatus (B) comprises:
a second image processor (40 of the second digital camera 100) that performs, based on the image data received by the receiver, the image processing on the captured image indicated by the image data (Figs. 3-5; paras. 0034-0037), and
the imaging apparatus or the image processing apparatus:
acquires at least one user instruction designating the subject in the video generated from the captured image (Figs. 3-5; paras. 0034-0037); and
causes the image processing to generate the video including the processed image having the image effect different between the inside and the outside of the subject region corresponding to the subject designated by the user instruction in the captured image (Figs. 3-5; paras. 0034-0037),
but fails to teach
the imaging apparatus further comprises a transmitter that transmits image data indicating the captured image to the image processing apparatus,
the image processing apparatus comprises:
a receiver that receives the image data from the imaging apparatus.
However, in the same field of endeavor Cho teaches
the imaging apparatus (301/302) further comprises a transmitter (110 of cameras 301/302) that transmits image data indicating the captured image to the image processing apparatus (100) (Figs. 1, 5, 19-22; paras. 0201-0214).
the image processing apparatus (100) comprises: a receiver (110 of camera 100) that receives the image data from the imaging apparatus (301/302) (Figs. 1, 5, 19-22; paras. 0201-0214; camera 100 receives preview images/captured images from remote cameras 301/302 and remotely control the remote camera with the same user interface).
Therefore, it would have been obvious to one of ordinary skill in this art before the effective filing date of the claimed invention (AIA ) to use the teachings as taught by Cho in Ueda to have the imaging apparatus further comprises a transmitter that transmits image data indicating the captured image to the image processing apparatus, the image processing apparatus comprises: a receiver that receives the image data from the imaging apparatus for enabling real time remote sharing and controlling between remote users yielding a predicted result.
Regarding claims 3 and 9, the combination of Li and Cho also teach claims 3 and 9 in the same manners as presented by the combination of Kubota and Cho.
Additional Rejections
Baruch (US 10580140 B2): the segmentation unit 810 may have an initial segmentation and contour setting unit 814, and a multi-frame segmentation unit 812 that has an accuracy-based segmentation unit 816 and a speed-based segmentation unit 818. The segmentation may be used for a contour tracking mechanism for artistic preview-mode in an RGBD camera. In this example use case, a user is choosing an object in a camera application while in preview mode, and an artistic filter is to be applied over the user selected object and not over the background (color pop effect for example, where the background is black and white and the object is in color) which also teaches claims 1-2 and 4-8 in the similar manners above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ortiz (US 7796162 B2): A method and system for transmitting and displaying venue-based synchronized camera views for live venue activities to remote views. A synchronized camera can include a main camera and at least one slave camera, wherein slave camera movement depends on movement by the main camera. Views captured by a slave camera can be of the same general target as those captured by the main camera. Remote viewers can be venue-based hand held devices or distant monitors.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Quan Pham whose telephone number is (571)272-4438. The examiner can normally be reached Mon-Fri 9am-7pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sinh Tran can be reached at (571) 272-7564. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Quan Pham/Primary Examiner, Art Unit 2637
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