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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 20-21, 24, 26-27, 30-31, 37-38 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 3, 6-11, 13, 19 of U.S. Patent No. US 12370689 (hereinafter ‘689).
Although the claims at issue are not identical, they are not patentably distinct from each other because the ‘689 claims contain each and every limitation of the present application claims with additional limitations that make the ‘689 claims narrower than those of the present application. Due to the similarity in claim language, a detailed mapping is omitted and the following table is provided to map the claims:
Present Application Claim Number
US 12370689 Claim Number
20
1
21
1
22
N/A
23
N/A
24
3
25
N/A
26
7-9
27
10
28
N/A
29
N/A
30
6
31
11
32
N/A
33
N/A
34
N/A
35
N/A
36
N/A
37
19
38
13
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) 20-22, 24-27, 29-38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kunkel et al (US 20180234612, hereinafter Kunkel) in view of Cupersmith et al (US 20210304559, hereinafter Cupersmith).
Regarding Claim 20, Kunkel teaches:
A first mobile device (see at least "The carrier 104 can be a device, e.g., a UAV or a dolly configured to move in response to command from the controller 102. " in par. 0038) , comprising:
a housing (see at least housings of UAVs in Fig. 2) ;
a sensor configured to detect a surrounding environment (see at least "In FIG. 1A, content capturing system 100 can include a controller 102, a device carrier (or simply referred to as a carrier) 104, and a content capturing device 106. The content capturing device 106 can be a still-image or video camera, a recorder including a microphone, or any combination of the above. " in par. 0038) ;
communication circuitry configured to acquire an operation plan (see at least "The controller 102 can include one or more computers, e.g., a smart phone or a wearable device, that positions the carrier. For example, when the carrier 104 is a UAV or a part of a UAV, the controller 102 can be a computer onboard the UAV or wirelessly coupled to the UAV and controls a position and an orientation of the UAV in a three-dimensional space. In some implementations, the controller 102 may also control functions of the content capturing device 106. For example, when the content capturing device 106 is a camera, the controller 102 may control parameters including focal length, exposure time, aperture, sensor amplification (e.g., ISO settings) and auto focus area of the camera, baseline between two stereo cameras, among others." in par. 0038 and “The controller 102 can determine a flight path for the recording device 206 based on the locations calculated by the content analyzer 107, and submit the flight path and commands to follow the flight path to the recording device 206. The controller 102 can submit zoom level associated with the flight path to the recording device 206.” In par. 0050) ,
wherein the operation plan includes a definition of a plurality of operations of the first mobile device, and the operation plan is set based on at least one of a specific music or a specific performance (see at least “In some implementations, the controller 102, in association with the content analyzer 107, can generate commands the direct the carrier 104 to follow movement of the subject 108. Using computer vision, the content analyzer 107 can identify stationary objects in digital images captured by the content capturing device 106, and use the stationary objects as reference to track the position of subject 108 when the subject 108 is moving. In some implementations, the content analyzer 107 can detect sound object by tracking the movement.” In par. 0043 "The cinematographic rules can include, for example, a pre-set preference on a size of a performer in a digital image, a preferred focal length, a ratio of full band view over individual performer view, among others. The audio rules can include a recording level of a microphone, a direction of the microphone, among others. The controller 102 can then position the recording devices 204, 206, 208 and 210 by providing respective commands and coordinates in a three-dimensional reference frame to each of the recording devices 204, 206, 208 and 210." in par. 0046 and “The system can receive (1504) an input specifying areas of the venue. Each area can correspond to a respective performer or speaker. For example, the system can receive an input defining a fixed position of a drummer, a bass player, and a space in which a guitarist or a singer is expected to move.” In par. 0106) ; and
Kunkel does not appear to explicitly teach all of the following, but Cupersmith does teach:
a light emitting device on an outer surface of the housing, wherein the light emitting device is configured to execute a light emission expression including visual information or visual expression and the light emission expression corresponds to the operation plan. (see at least “In some implementations, a robot 300 is configured with a laser light show apparatus and, in an example, projects laser light messaging, a laser animation, etc. onto a projectable surface, or projects a laser hologram, e.g., onto a fog medium (as described above).” In par. 0233 and " In some embodiments, robot 300 is configured with photographic facial detection, auto-frame, and/or auto-lighting capabilities. In an example, a robot 300 is configured with facial recognition software enabling the robot to detect and properly center a patron's face when taking a photograph, on a group of patrons when taking a photograph (e.g., so that a picture of, as an example, 5 patrons is centered on the entire group (e.g., with equal open spaces on either side), not just one particular patron), detect whether a patron is smiling, their eyes are open, etc. In an example, a robot 300 is configured with light emitting devices (e.g., a ring light surrounding a display device 312). Further to this example, robot 300 is configured to detect the lighting of the patron's face and, using the light emitting devices, automatically correct the lighting brightness and color (e.g., by adjusting the light output of the light emitting devices) when taking a photograph of the patron. For example, if robot 300 determines that a face of a patron is showing up as too dark, robot 300 may increase the light provided by the light emitting devices (e.g., and decreasing the light provided by the light emitting devices if a face of a patron is showing up as too light). In some examples, the light emitting devices are tri-color LEDs, allowing the robot to adjust the lighting hue (e.g., from a warm white to a cool white light, add color effects, etc.).” in par. 0363)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device taught by Kunkel to incorporate the teachings of Cupersmith wherein the robot provides light shows to entertain patrons or dynamic lighting conditions while photographing a subject. The motivation to incorporate the teachings of Cupersmith would be to improve entertainment for spectators (see par. 0210) and improve image quality of photography (see par. 0358)
Regarding Claim 21, Kunkel as modified by Cupersmith (references to Kunkel) teaches:
the first mobile device according to claim 20, further comprising
an imaging device configured to execute an imaging operation to capture a target, wherein the imaging operation is based on a photographing plan, and the operation plan includes the photographing plan. (see at least "The cinematographic rules can include, for example, a pre-set preference on a size of a performer in a digital image, a preferred focal length, a ratio of full band view over individual performer view, among others." in par. 0046 and “The content analyzer 107 can receive, from a rule database, one or more cinematography rules to be applied to digital images of the event. The rule database can be populated by user input, default artistic settings, various visual effects, output of an application program, or any combination of the above. For example, a first rule specified for the event can be dedicating X percent (e.g., 5%) of live video time to a headshot of a performer 220.” In par. 0048)
Regarding Claim 22, Kunkel as modified by Cupersmith (references to Kunkel) teaches:
the first mobile device according to claim 20,
wherein the operation plan defines the plurality of operations of the first mobile device in a timeline. (see at least " The controller 102 then submits one or more first commands to the content capturing device 106 to zoom to the focal length, and submits one or more second commands to the carrier 104 to move to the vantage point from the subject 108 according to the movement parameters. The one or more second commands can include flight control commands associated with coordinates in a three-dimensional reference frame, or distances represented as vectors in a three-dimensional reference frame. The flight control commands can direct the carrier 104, e.g., a UAV, to fly to the vantage point." in par. 0042 and “The controller 102 can determine a flight path for the recording device 206 based on the locations calculated by the content analyzer 107, and submit the flight path and commands to follow the flight path to the recording device 206. The controller 102 can submit zoom level associated with the flight path to the recording device 206.” In par. 0050)
Regarding Claim 24, Kunkel as modified by Cupersmith (references to Kunkel) teaches:
the first mobile device according to claim 21,
wherein the imaging device is parameter-controllable, and the photographing plan includes a change of a plurality of parameters of the imaging device. (see at least “For example, when the content capturing device 106 is a camera, the controller 102 may control parameters including focal length, exposure time, aperture, sensor amplification (e.g., ISO settings) and auto focus area of the camera, baseline between two stereo cameras, among others.” In par. 0038 and "The controller 102 then submits one or more first commands to the content capturing device 106 to zoom to the focal length, and submits one or more second commands to the carrier 104 to move to the vantage point from the subject 108 according to the movement parameters. The one or more second commands can include flight control commands associated with coordinates in a three-dimensional reference frame, or distances represented as vectors in a three-dimensional reference frame. The flight control commands can direct the carrier 104, e.g., a UAV, to fly to the vantage point." in par. 0042)
Regarding Claim 25, Kunkel as modified by Cupersmith (references to Kunkel) teaches:
the first mobile device according to claim 24,
wherein the plurality of parameters of the imaging device is manually changeable by intervention during an execution of the photographing plan. (see at least “In some implementations, the controller 102 may also control functions of the content capturing device 106. For example, when the content capturing device 106 is a camera, the controller 102 may control parameters including focal length, exposure time, aperture, sensor amplification (e.g., ISO settings) and auto focus area of the camera, baseline between two stereo cameras, among others.” In par. 0038 and " For example, through user input or programmed parameters, the content analyzer 107 can determine a size of a subject 108 as appeared in a digital image captured by the content capturing device 106. When the size is fixed by user input or the programmed parameters, different focal lengths may produce different effects of the digital image." in par. 0039 and “In some implementations, the controller device can detect a triggering event for stopping recording the content by the second content capturing device. The triggering event can be a user pressing a stop recording button, or an event where the second content capturing device detects prolonged (e.g., over X seconds of) silence.” In par. 0104 and “The controller device detects (1906) a triggering event for starting recording content. The triggering event can be a user pressing a start recording button. The triggering event can be an event where a user wearing or otherwise holding the controlling device starts talking, or when the user makes a certain gesture, e.g., waves a hand.” In par. 0139)
Regarding Claim 26, Kunkel as modified by Cupersmith teaches:
the first mobile device according to claim 20,
Kunkel does not appear to explicitly teach all of the following, but Cupersmith does teach:
wherein the light emission expression of the light emitting device includes at least one of a change in light emission color, a flashing expression, or a countdown expression. (see at least “Visual effects include flashing lights, strobing lights or other patterns displayed from lights on the gaming device 200 or from lights behind the information panel 152 (FIG. 1).” In par. 0068 and "In some embodiments, robot 300 is configured with photographic facial detection, auto-frame, and/or auto-lighting capabilities. In an example, a robot 300 is configured with facial recognition software enabling the robot to detect and properly center a patron's face when taking a photograph, on a group of patrons when taking a photograph (e.g., so that a picture of, as an example, 5 patrons is centered on the entire group (e.g., with equal open spaces on either side), not just one particular patron), detect whether a patron is smiling, their eyes are open, etc. In an example, a robot 300 is configured with light emitting devices (e.g., a ring light surrounding a display device 312). Further to this example, robot 300 is configured to detect the lighting of the patron's face and, using the light emitting devices, automatically correct the lighting brightness and color (e.g., by adjusting the light output of the light emitting devices) when taking a photograph of the patron. For example, if robot 300 determines that a face of a patron is showing up as too dark, robot 300 may increase the light provided by the light emitting devices (e.g., and decreasing the light provided by the light emitting devices if a face of a patron is showing up as too light). In some examples, the light emitting devices are tri-color LEDs, allowing the robot to adjust the lighting hue (e.g., from a warm white to a cool white light, add color effects, etc.).” in par. 0363)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device taught by Kunkel to incorporate the teachings of Cupersmith wherein the robot provides dynamic lighting conditions for visual effects or lighting adjustment while photographing a subject. The motivation to incorporate the teachings of Cupersmith would be to improve entertainment for spectators (see par. 0210) and improve image quality of photography (see par. 0358)
Regarding Claim 27, Kunkel as modified by Cupersmith teaches:
the first mobile device according to claim 20,
Kunkel does not appear to explicitly teach all of the following, but Cupersmith does teach:
wherein the light emission expression of the light emitting device includes a coordinated light emission expression with a second mobile device. (see at least " In an example, one or more robots 300 celebrate casino gaming award related events, e.g., jackpot awards, tournament winners, bingo winners, etc., and/or patron loyalty award related events, e.g., scatter awards, hot-seat awards, random bonusing awards for carded and uncarded patrons, etc., by displaying a light-show, playing music, displaying a congratulations screen, “dancing” and spinning around, and other fun celebratory actions. In an implementation, multiple active robots 300 are operational in a venue and, upon the occurrence of a patron hitting a jackpot award at an EGM 200, begin a celebration display with the robots 300 all traveling to the vicinity of the EGM 200 and, when they're all in proximity, begin spinning, dancing, displaying flashing lights, playing music, announcing congratulation messages, e.g., “woo-hoo”, “award winner”, big winner”, “congratulations”, etc., and displaying congratulations screens on each of the robots 300. " in par. 0225)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device taught by Kunkel to incorporate the teachings of Cupersmith wherein multiple robots collaborate to perform a celebratory light show, in order to arrive at the robots taught by Kunkel performing a light show. The motivation to incorporate the teachings of Cupersmith would be to improve the entertainment for spectators (see par. 0210)
Regarding Claim 29, Kunkel as modified by Cupersmith teaches:
the first mobile device according to claim 20,
Kunkel does not appear to explicitly teach all of the following, but Cupersmith does teach:
wherein the visual information in the light emission expression of the light emitting device includes characters or numbers. (see at least “In some implementations, a robot 300 is configured with a laser light show apparatus and, in an example, projects laser light messaging, a laser animation, etc. onto a projectable surface, or projects a laser hologram, e.g., onto a fog medium (as described above).” In par. 0233)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device taught by Kunkel to incorporate the teachings of Cupersmith wherein the robot provides light shows and projections with messages to entertain patrons, in order to arrive at the robots taught by Kunkel entertaining spectators with a light show. The motivation to incorporate the teachings of Cupersmith would be to improve the entertainment for spectators (see par. 0210)
Regarding Claim 30, Kunkel as modified by Cupersmith (references to Kunkel) teaches:
the first mobile device according to claim 21,
wherein the communication circuitry is further configured to transmit a plurality of imaging results of the imaging device in real time. (see at least "Submitting the first content recording 1608 and the second content recording 1610 can include streaming the first content recording 1608 and the second content recording 1610 to the synchronization device 1612 wirelessly or in one or more wired transmissions, either real time during recording or after the recordings are finished and the carrier 1602 landed." in par. 0116)
Regarding Claim 31, Kunkel as modified by Cupersmith (references to Kunkel) teaches:
the first mobile device according to claim 20, further comprising
Kunkel does not appear to explicitly teach all of the following, but Cupersmith does teach:
an illumination device configured to execute projection, wherein the projection corresponds to the operation plan. (see at least “In some implementations, a robot 300 is configured with a laser light show apparatus and, in an example, projects laser light messaging, a laser animation, etc. onto a projectable surface, or projects a laser hologram, e.g., onto a fog medium (as described above).” In par. 0233 and " In some embodiments, robot 300 is configured with photographic facial detection, auto-frame, and/or auto-lighting capabilities. In an example, a robot 300 is configured with facial recognition software enabling the robot to detect and properly center a patron's face when taking a photograph, on a group of patrons when taking a photograph (e.g., so that a picture of, as an example, 5 patrons is centered on the entire group (e.g., with equal open spaces on either side), not just one particular patron), detect whether a patron is smiling, their eyes are open, etc. In an example, a robot 300 is configured with light emitting devices (e.g., a ring light surrounding a display device 312). Further to this example, robot 300 is configured to detect the lighting of the patron's face and, using the light emitting devices, automatically correct the lighting brightness and color (e.g., by adjusting the light output of the light emitting devices) when taking a photograph of the patron. For example, if robot 300 determines that a face of a patron is showing up as too dark, robot 300 may increase the light provided by the light emitting devices (e.g., and decreasing the light provided by the light emitting devices if a face of a patron is showing up as too light). In some examples, the light emitting devices are tri-color LEDs, allowing the robot to adjust the lighting hue (e.g., from a warm white to a cool white light, add color effects, etc.).” in par. 0363)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device taught by Kunkel to incorporate the teachings of Cupersmith wherein the robot provides light shows and projections to entertain patrons, in order to arrive at the robots taught by Kunkel adding to the entertainment with a light show while filming or adjust the lighting of the subject being filmed. The motivation to incorporate the teachings of Cupersmith would be to improve the entertainment for spectators (see par. 0210)
Regarding Claim 32, Kunkel as modified by Cupersmith (references to Kunkel) teaches:
the first mobile device according to claim 20,
wherein the operation plan includes a movement of the first mobile device along a set virtual route. (see at least "The controller 102 can determine a flight path for the recording device 206 based on the locations calculated by the content analyzer 107, and submit the flight path and commands to follow the flight path to the recording device 206." in par. 0050 and “The motion path can be a path that is computed to avoid obstacles and to avoid blocking a viewer's view at scene. The motion path can be a path that is computed based on parameters specifying artistic requirements. Determining the target viewing position can be based on a digital or optical focal length of the camera device, a location of the first object or the second object, and one or more visibility rules or cinematographic rules specifying a weight of first object or the second object in digital images of the objects.” In par. 0090)
Regarding Claim 33, Kunkel as modified by Cupersmith (references to Kunkel) teaches:
the first mobile device according to claim 20, further comprising an omnidirectional moving mechanism. (see at least " The controller, in turn, can instruct a carrier of the content capturing device, e.g., a UAV, to move to the left, for example, by adjusting one or more control surface actuators or to tilt a rotor." in par. 0079)
Regarding Claim 34, Kunkel as modified by Cupersmith (references to Kunkel) teaches:
the first mobile device according to claim 20,
wherein the operation plan is set via a user interface which displays a map of a space where the specific performance is executed. (see at least “The content analyzer 107 can receive, from a rule database, one or more cinematography rules to be applied to digital images of the event. The rule database can be populated by user input, default artistic settings, various visual effects, output of an application program, or any combination of the above.” In par. 0048 and " The venue database 402 can store one or more venue maps of spaces around an event. A venue map can include, for example, an internal map or flour plan of a structure (e.g., a concert hall, a sports stadium, or a conference hall). The venue database 402 can receive the venue map from a venue map service, e.g., by downloading the venue map. The venue database 402 can receive the venue map from a user input." in par. 0060 and “The system can receive (1502) a digital model of a venue. The venue can be, for example, a recording studio, a conference room or a stage at a concert. The digital model can define a three-dimensional space around the stage using coordinates in a reference frame. A user input, e.g., a drawing on a touch-sensitive display surface, can provide the digital model.” In par. 0105 and “The system can receive (1504) an input specifying areas of the venue. Each area can correspond to a respective performer or speaker. For example, the system can receive an input defining a fixed position of a drummer, a bass player, and a space in which a guitarist or a singer is expected to move.” In par. 0106)
Regarding Claim 35, Kunkel as modified by Cupersmith (references to Kunkel) teaches:
the first mobile device according to claim 20,
wherein the operation plan includes a movement of the first mobile device in a specific pattern with respect to a target, based on a selection of a display corresponding to the target displayed on a user interface and parameters associated with the target. (see at least “A user input, e.g., a drawing on a touch-sensitive display surface, can provide the digital model.” In par. 0106 “The system can receive (1504) an input specifying areas of the venue. Each area can correspond to a respective performer or speaker. For example, the system can receive an input defining a fixed position of a drummer, a bass player, and a space in which a guitarist or a singer is expected to move.” In par. 0107 and "The system can direct (1508) one or more recording devices to the areas in the reference frame. For example, the system can instruct a first UAV carrying a first content capturing device to the position of the drummer, a second UAV carrying a second content capturing device to the position of the bass player, and a third UAV carrying a third content capturing device to the space in which the guitarist or singer is expected to move. The system can direct the UAVs to move to the respective areas by providing the coordinates to the recording devices and flight constraints, e.g., by avoiding obstacles or areas specified as no-fly areas. The system can direct the content capturing devices to capture video or still images, and/or audio." in par. 0108)
Regarding Claim 36, Kunkel as modified by Cupersmith (references to Kunkel) teaches:
the first mobile device according to claim 20,
wherein the first mobile device is configured to:
acquire position information of a target via the communication circuitry, and
operate based on the position information of the target. (see at least " The system can direct (1508) one or more recording devices to the areas in the reference frame. For example, the system can instruct a first UAV carrying a first content capturing device to the position of the drummer, a second UAV carrying a second content capturing device to the position of the bass player, and a third UAV carrying a third content capturing device to the space in which the guitarist or singer is expected to move. The system can direct the UAVs to move to the respective areas by providing the coordinates to the recording devices and flight constraints, e.g., by avoiding obstacles or areas specified as no-fly areas. The system can direct the content capturing devices to capture video or still images, and/or audio." in par. 0108)
Regarding Claim 37, Kunkel as modified by Cupersmith also teaches:
A method for implementing the mobile device of Claim 20 (see Claim 20 analysis for rejection of the device)
Regarding Claim 38, Kunkel as modified by Cupersmith also teaches:
A control system for implementing the mobile device of Claim 20 (see Claim 20 analysis for rejection of the device)
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kunkel et al (US 20180234612, hereinafter Kunkel) in view of Cupersmith et al (US 20210304559, hereinafter Cupersmith) and Burgess et al (US 20180184073, hereinafter Burgess)
Regarding Claim 23, Kunkel as modified by Cupersmith teaches:
the first mobile device according to claim 21,
Kunkel and Cupersmith do not appear to explicitly teach all of the following, but Burgess does teach:
wherein the imaging device is on the housing via a gimbal. (see at least " In a further alternative embodiment, the spindle may be replaced with a gimbal, allowing the camera to orbit in multiple planes, thereby facilitating the mapping of objects within a spherical or semispherical (as opposed to a cylindrical) panoramic scene." in par. 0108)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device taught by Kunkel as modified by Cupersmith to incorporate the teachings of Burgess wherein the drone has a camera attached to a gimbal for recording a scene. The motivation to incorporate the teachings of Burgess would be to expand the viewing angles of the camera (see par. 0108), which improves efficiency.
Claim(s) 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kunkel et al (US 20180234612, hereinafter Kunkel) in view of Cupersmith et al (US 20210304559, hereinafter Cupersmith) and Hickman et al (US 11407117, hereinafter Hickman)
Regarding Claim 28, Kunkel as modified by Cupersmith teaches:
the first mobile device according to claim 20,
Kunkel and Cupersmith do not appear to explicitly teach all of the following, but Hickman does teach:
wherein the light emission expression of the light emitting device further corresponds to a moving direction of the first mobile device. (see at least "FIG. 8 is a top view of a robot projecting a planned navigation path, in accordance with example embodiments. More specifically, the robot 802 may be the same or similar to the robot described with respect to FIGS. 1-4, and may include a projector 804. The robot 802 may use the projector 804 to project its planned path 806 onto a ground surface in the environment. The projected image representing planned path 806 may be informed by world state information indicating the location of the robot 802 and of the ground floor in the environment. " in col. 16 line 63 to col. 17 line 5 )
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device taught by Kunkel as modified by Cupersmith to incorporate the teachings of Hickman wherein the robot projects its planned path onto the surroundings, in order arrive at the drones taught by Kunkel as modified by Cupersmith to do the same. The motivation to incorporate the teachings of Hickman would be to improve navigation in an environment shared by robots and human users (see col. 17 lines 58-62)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DYLAN M KATZ whose telephone number is (571)272-2776. The examiner can normally be reached Mon-Thurs. 8:00-6:00.
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, Abby Lin can be reached on (571) 270-3976. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DYLAN M KATZ/Primary Examiner, Art Unit 3657
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