DETAILED ACTION
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.
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 1-6, 10-11 and 14-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 12574637 in view of Kubo (US2023/0160859).
Regarding independent claim 1, the claim is encompassed by patented claim 1. However, patented claim 1 fails to disclose: “a position acquisition unit that acquires, based on communication with a transmitter attached to an object”.
In an analogous of art, Kubo teaches a position information acquiring unit that acquires position information of a sensor wearer who is wearing the sensor (Abstract; [0006]). In light of the teaching from Kubo, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the position information acquiring unit of Kubo. The modification thus provide a meant for acquiring position information of a sensor wearer who is wearing the sensor (Kubo: Abstract; [0006]).
Regarding independent claim 2, the claim is encompassed by patented claims 1, 3 and 4.
Regarding independent claim 3, the claim is encompassed by patented claims 1 and 6.
Regarding independent claim 4, the claim is encompassed by patented claims 1 and 8.
Regarding independent claim 5, patented claim 1 fails to disclose: “the controller according to claim 4, wherein the type of the object includes humans and animals”.
Official Notice is taken that it is well known and expected in the art for a camera system to capture object including humans and animals at a zoo. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to capture object types including humans and animals. The modification thus provide a more versatile camera system.
Regarding independent claim 6, the claim is encompassed by patented claims 1 and 9.
Regarding independent claims 10-11, the claims are encompassed by patented claims 1 and 5, respectively.
Regarding independent claim 14, the claim is encompassed by patented claims 1 and 7.
Regarding independent claim 15, the claim is encompassed by patented claims 1 and 2.
Regarding independent claim 16, the claim is encompassed by patented claims 1 and 3.
Regarding independent claims 17-18, the claims are encompassed by patented claim 1. However, patented claim 1 fails to disclose: “a transmitter attachable to the object; and at least and a position acquisition unit that acquires, based on communication with the transmitter attached to the object”.
In an analogous of art, Kubo teaches a position information acquiring unit that acquires position information of a sensor wearer who is wearing the sensor (Abstract; [0006]). In light of the teaching from Kubo, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the position information acquiring unit of Kubo. The modification thus provide a meant for acquiring position information of a sensor wearer who is wearing the sensor (Kubo: Abstract; [0006]).
Regarding independent claim 19, the claim is encompassed by patented claims 11 and 12. . However, patented claims 11-12 fail to disclose: “a transmitter attachable to the object; and a position acquisition unit that acquires, based on communication with the transmitter attached to the object”.
In an analogous of art, Kubo teaches a position information acquiring unit that acquires position information of a sensor wearer who is wearing the sensor (Abstract; [0006]). In light of the teaching from Kubo, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the position information acquiring unit of Kubo. The modification thus provide a meant for acquiring position information of a sensor wearer who is wearing the sensor (Kubo: Abstract; [0006]).
Regarding independent claim 20, the claim is encompassed by patented claims 11-12.
Regarding independent claims 21-22, the claims are encompassed by patented claims 13-14, respectively. However, patented claims 13-14 fail to disclose: “a transmitter attachable to the object; and at least and a position acquisition unit that acquires, based on communication with the transmitter attached to the object”.
In an analogous of art, Kubo teaches a position information acquiring unit that acquires position information of a sensor wearer who is wearing the sensor (Abstract; [0006]). In light of the teaching from Kubo, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the position information acquiring unit of Kubo. The modification thus provide a meant for acquiring position information of a sensor wearer who is wearing the sensor (Kubo: Abstract; [0006]).
Claim 7 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12574637 in view of Kubo and further in view of Yoshida (US2020/0247421).
Regarding claim 7, patented claim 1 in view of Kubo fails to disclose the controller according to claim 6 further in combination with: “wherein the state of the object includes a state of the object being on a vehicle”.
In an analogous of art, Yoshida teaches controller of a vehicular device to determine a driver eye opening degree, determine frequency of a driver line-of-sight movement, determine a driver operation state for a driving operation instrument, determine a possibility that a driving state of a subject vehicle driver deviates from a safe driving state based on a determination result of the driver eye opening degree, a determination result of the frequency of the driver line-of-sight movement, and a determination result of the driver operation state for the driving operation instrument, perform, on a condition that a value indicating the possibility that the driving state of the subject vehicle driver deviates from the safe driving state exceeds a first determination value (claim 10). In light of the teaching from Yoshida, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to determine state of a user/object in a vehicle. The modifications thus provides a means for indicating a possibility that the driving state of the subject vehicle driver deviates from the safe driving state exceeds a first determination value (Yoshida: claim 10).
Allowable Subject Matter
Claims 8 and 12 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.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 8, the prior art of Kubo teaches a position information acquiring unit that acquires position information of a sensor wearer. The prior art of Yoshida discloses a controller of a vehicular device to determine a driver eye opening degree, determine frequency of a driver line-of-sight movement, determine a driver operation state for a driving operation instrument, determine a possibility that a driving state of a subject vehicle driver deviates from a safe driving state. The prior art of Miki (US2009/0027508) discloses a method for processing and supplying second image data and a second movement of locus data in accordance with a request for selecting the first image data and a request for outputting the first image data to the output device. The prior art of Yamashita (US2014/0079285) discloses a control unit that tracks a movement locus of the operation body that has entered a movement detection region identified by the image information, and performs the movement prediction on the basis of the movement locus. The prior art of Furumura (US2014/0267594) discloses an image pickup guide portion configured to display a locus of movement of the camera position based on the three-dimensional coordinate values of the camera position estimated by the self-position estimation unit. Thus, while many references teach methods for performing prediction of movement of an operation body, obtain object positions and/or determining a movement locus, none of the references alone or in combination, provide a motivation to teach the controller according to claim 1 further in combination with: “wherein the at least one processor or circuit is further configured to function as a scene determination unit that makes a determination of an image capturing scene of the image based on the image, and the view angle determination unit determines the angle of view according to a result of the determination of the image capturing scene made by the scene determination unit”.
Regarding claim 12, the prior art of Kubo teaches a position information acquiring unit that acquires position information of a sensor wearer. The prior art of Yoshida discloses a controller of a vehicular device to determine a driver eye opening degree, determine frequency of a driver line-of-sight movement, determine a driver operation state for a driving operation instrument, determine a possibility that a driving state of a subject vehicle driver deviates from a safe driving state. The prior art of Miki (US2009/0027508) discloses a method for processing and supplying second image data and a second movement of locus data in accordance with a request for selecting the first image data and a request for outputting the first image data to the output device. The prior art of Yamashita (US2014/0079285) discloses a control unit that tracks a movement locus of the operation body that has entered a movement detection region identified by the image information, and performs the movement prediction on the basis of the movement locus. The prior art of Furumura (US2014/0267594) discloses an image pickup guide portion configured to display a locus of movement of the camera position based on the three-dimensional coordinate values of the camera position estimated by the self-position estimation unit. Thus, while many references teach methods for performing prediction of movement of an operation body, obtain object positions and/or determining a movement locus, none of the references alone or in combination, provide a motivation to teach the controller according to claim 1 further in combination with: “wherein, as the angle of view, the view angle determination unit determines an angle of view which makes a first blank space in the image, the first blank space being located in front of the object in a direction the object is moving”.
Regarding dependent claims 9 and 13, the claim is allowed as being dependent of claims 8 and 12, respectively.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUNG H LAM whose telephone number is (571)272-7367. The examiner can normally be reached 9AM-5PM.
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/HUNG H LAM/Primary Examiner, Art Unit 2639 09/19/26
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